ILLINOIS POLLUTION CONTROL BOARD.
    July
    1, 1982
    AURORA METALS DIVISION,
    AURORA INDUSTRIES,
    INC..,
    )
    Petitioner,
    v.
    )
    PCB 82—12
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by D. Anderson):
    This matter comes before the Board upon a petition and
    amended petition for variance filed February
    5 and February 26,
    1982 by Aurora Metals Division, Aurora Industries,
    Inc.
    (Aurora).
    The petitions requested a variance from the defini-
    tion of industrial process waste, contained in Rule 103 of
    Chapter
    9:
    Special Waste Hauling Regulations, as applied to
    certain core sands.
    On March 18 the Illinois Environmental
    Protection Agency
    (Agency)
    filed a motion to dismiss the peti-
    tions on the grounds that the sands in question were not
    special waste.
    On the same date Aurora filed a response
    which stated that it was actually seeking a variance from the
    substantive provisions of Chapter 9 rather than the definition
    and which agreed to dismissal on the grounds urged by the
    Agency.
    On April 14, 1982 the Agency filed its recommendation
    that the variance either be dismissed as requested in the
    motion or~,’in the alternative, granted with conditions.
    The
    recommendation
    was
    accompanied
    by
    a
    motion
    for
    leave
    to
    file
    which
    is granted.
    On April
    15 the Board decided to consider
    the motion to dismiss together with the petition and recoinmen-
    dation.
    On April 15 and April 27,
    1982 Aurora filed a response
    and supplemental response.
    The Board deemed these second and
    third amended petitions in an Order entered May 27, 1982.
    The Agency has not filed an amended recommendation.
    Aurora operates a facility in Montgomery, in Kane County.
    This is engaged in casting and machining of copper base alloys.
    In 1981 it shipped in excess of 1.25 million pounds of castings
    and utilized 15 million pounds of sand.
    47-315

    —2—
    Aurora’s.
    waste
    is
    a
    mixture
    of
    cured
    and
    uncured
    core
    sandJ
    The.
    uncured
    sand
    consists
    of
    a
    mixture
    of
    binder
    and
    sand.
    This is “cured” by passing sulfur dioxide through the
    mold, which is then ready for use.
    Aurora indicates that its
    ultimate waste consists of a
    mixture
    of about
    3
    uncured core
    sand and 97
    cured core sand.
    The cured core sand results
    from molds which are discarded after use.
    It is not clear
    how the uncured sand enters the wastestream.
    The Agency’s motion to dismiss was based on its opinion
    that the waste was not special, even though it was
    a “core
    sand”,
    because
    it did not “pose
    a present or potential threat
    to human hea1t~~i.or to the environment” and did not have
    “inkier—
    ent properties which make disposal of such waste in a landfill
    difficult
    to
    manage
    by
    normal
    means.”
    (Section
    3
    of
    the
    Act,
    definition
    of
    “industrial
    process
    waste”,)
    The
    definition
    of
    industrial
    process
    waste,
    as
    contained
    in
    Section
    3
    of
    the Act,
    was
    slightly
    modified
    this
    legislative
    session by SB 875, to
    correct
    grammatical
    problems
    in
    the
    first
    part
    of
    the
    definition.
    The
    old
    version,
    as
    contained
    in
    Rule
    901
    of
    Chapter
    9
    was
    changed
    as
    follows:
    “Industrial
    Process
    Waste”
    means any
    liquid,
    solid,
    semi—solid,
    or
    gaseous
    waste
    generated
    as
    a
    direct
    or
    indirect
    result
    of
    the
    manufacture
    of
    a
    product
    or
    the
    performance
    of
    a
    service
    wh~h.
    Any
    such
    waste
    which would pose a present or potential threat to
    human healEh or to the environment or with inherent
    properties which make the disposal of such waste in
    a landfill difficult to manage by normal means
    is an
    industrial process waste,
    “Industrial process waste”
    includes but is not limited to...core sands...
    In arguing its motion to dismiss, the Agency has ignored
    the
    fact
    that
    what
    is
    now
    the
    third
    sentence
    of
    the
    industrial
    process
    waste
    definition
    by
    its
    terms
    presents
    a
    list,
    not
    of
    examples
    of
    waste
    which
    may
    he
    considered
    special,
    but
    instead
    a
    list
    of
    wastes
    which
    t~~1~islature
    in
    its
    discretion
    has
    determined
    are
    special
    wastes.
    For
    the
    Board
    to
    hold
    that
    the
    core sands at issue here are not special wastes would
    in.
    essence
    amount
    to
    unlawful
    acquiescence
    in
    administrative
    “de—listing”
    of
    core
    sands
    from
    the
    group
    of
    industrial
    process wastes
    which
    t.he
    legislature
    has
    specifically
    directed
    receive
    special
    handling.
    The
    Board
    therefore
    denies
    the
    Agency’s
    motion
    to
    1Aurora has characterized its wastes
    as “core sand”,
    one of the listed industrial process wastes.
    The Board
    has
    assumed
    this
    is
    correct,
    “Core
    sand”
    is
    not
    further
    defined
    in the Act.
    47-316

    disiuiss
    and
    finds
    Aurora~•s,core
    sands
    to
    be
    a
    special,
    industrial
    process
    waste.
    Tha
    Board
    accordingly
    will
    consider
    the
    ~nerits
    of
    this petition.
    The
    Board
    is concerned that sands of varying degrees
    of
    hazard
    are
    being
    combined
    into
    a
    single
    wastestream.
    The
    Board
    has
    therefore
    required
    Aurora
    to
    develop
    a
    plan
    for
    separating
    sands
    used
    in
    its
    process.
    As
    noted
    above,
    the petition
    requested
    a
    variance
    from
    the
    definition
    of industrial process
    waste.
    Aurora
    subse-
    quently stated
    that
    it
    was
    requesting
    a
    variance
    from
    the
    substantive provisions of Chapter
    9.
    It
    has
    not
    specified
    which
    regulations.
    The Board will treat the petition as a
    request for
    variance
    from
    the
    following
    regulations:
    Rule 201
    Permit requirement
    Rule 301
    Manifest re uired for
    delivery
    Part
    IV
    Vehicle
    number and
    symbols
    Part
    V
    Manifests
    and
    records
    Chapter
    9
    imposes
    duties
    on
    the
    generator, transporter
    and
    disposer.
    A
    permit
    is
    required
    of
    the
    transporter.
    The
    generator
    is
    obliged
    to prepare a manifest
    and
    deliver it
    to
    the transporter.
    The disposer must not
    accept
    the
    waste
    without a
    manifest.
    Chapter
    7 requires
    a supplemental permit
    for each special
    waste
    handled
    by
    the
    disposer.
    The
    transporter
    and disposer have not
    been
    expressly
    identified
    and
    have
    not joinecL~
    Insofar as
    Aurora
    had
    a
    Chapter
    9
    permit,
    the Board assumes it is the
    transporter.
    The disposal
    sites identified in
    Petitioner’s
    Exhibit
    I
    are
    “Joliet
    ESL, Batavia/Midway,
    and
    Naperville/Green Valley”.
    The Board assumes
    Aurora
    is not the
    operator.
    The
    disposer’s
    problems
    will
    be
    addressed
    through conditions
    on Aurora’s
    variance
    and
    conditions
    on
    the
    operator’s
    supplemental
    Chapter
    7
    permit.
    Aurora
    states that the classification of
    its
    sand
    results
    in a direct
    disposal cost premium of more than
    $12,000 per
    year.
    This may result in
    part
    from preparation and
    mailing
    of
    individual
    manifests.
    It may also result from Chapter
    9 permit
    application costs
    and
    Chapter
    7
    supplemental permit
    costs
    passed on
    by
    the disposer.
    The.
    Board considers this cost a
    demonstration of
    arbitrary or unreasonable
    hardship
    when
    balanced
    against
    the
    insignificant
    environmental
    damage
    if
    the
    waste
    is
    properly
    landfilied,
    The
    Board
    will
    therefore
    grant
    a
    variance
    from
    Rules
    301
    and
    501 of Chapter
    9.
    47-317

    —4—
    In
    its.
    response,
    Aurora
    indicates
    that
    it
    has
    let
    its
    Chapter
    9
    permit
    expire
    in
    reliance
    on
    the
    Agency’s. position
    that the sand
    is
    not
    special
    waste..
    The
    Board
    will
    grant
    a
    variance
    from
    the
    permit
    requirement
    of
    Rule
    20.1
    for
    a
    suff i-
    cient
    time
    to
    allow
    Aurora
    to
    file
    a
    new
    application.
    It
    will
    théreàfter
    be
    required
    to
    display
    vehicle
    numbers
    and
    symbols
    as
    required
    by
    Rules
    401
    and
    402.
    The
    variance
    will
    be
    conditioned
    on
    annual
    reports
    of
    loads
    and
    destinations
    instead
    of
    the
    Part
    V
    requirement.
    This
    Opinion
    constitutes
    the
    Board’s
    findings
    of
    fact
    and
    conclusions
    of
    law
    in
    this
    matter.
    ORDER
    Petitioner,
    Aurora
    Metals
    Division,
    Aurora
    Industries,
    Inc.,
    is
    granted
    a
    variance
    from
    Rules
    201,
    301
    and
    501
    of
    Chapter
    9:
    Special
    Waste
    Hauling
    Regulations,
    subject
    to
    the
    following
    conditions:
    1.
    The
    variance
    from
    Rule
    201
    will
    expire
    January
    1,
    1983.
    2.
    The remainder
    of
    the
    variance
    will
    expire
    July
    1,
    1984.
    3.
    This variance will apply only to “foundry core
    sands” produced by Aurora’s casting operations
    in Montgomery, Kane County,
    as described in the peti-
    tion, and transported by Aurora’ s
    own
    trucks.
    4.
    Petitioner shall file with the Illinois Environ-
    mental Protection Agency an annual report listing
    quantities of wastes and destinations.
    5.
    During the term
    of
    this
    variance,
    Petitioner
    shall
    develop a
    plan
    for separating the sands used in its
    foundry.
    6.
    Petitioner shall not deliver waste for disposal
    unless
    the
    recipient
    has
    a
    Chapter
    7
    supplemental
    permit for this waste.
    7.
    The Illinois Environmental Protection Agency
    shall specify the form of annual reports in any
    Chapter
    9 permit issued Petitioner.
    8.
    The Illinois Environmental Protection Agency may,
    on request by the recipient of Aurora’s waste,
    issue or modify a supplemental Chapter 7 permit
    47-318

    —5—
    in
    accordance
    with
    the
    Act,
    Chapter.
    7
    and
    the
    terms
    and
    conditions
    of
    this
    variance.
    9.
    The
    Illinois
    Environmental
    Protection
    Agency
    shall
    provide a copy of
    this
    variance
    to each waste recip-
    ient with a modified Chapter
    7 supplemental permit
    for the waste described in Paragraph
    3.
    A
    copy
    of
    this Order shall be carried in all trucks which
    transport
    this
    waste
    without
    a
    Chapter
    9 manifest.
    10.
    Within forty-five days of the date of this Order,
    Petitioner shall execute and forward to the Illinois
    Environmental
    Protection
    Agency,
    Variance
    Section,
    2200 Churchill Road, Springfield, Illinois 62706,
    a Certificate of Acceptance and Agreement to be
    bound to all
    terms
    and
    conditions
    of
    this
    variance.
    This forty-five day period shall be held in abeyance
    for any period this mattar is being appealed.
    The
    form of the Certificate shall be as
    follows:
    CERTIFICATION
    I,
    (We),
    ____________________________,
    having
    read and fully understanding the Order in PCB 82-12,
    hereby accept that Order and agree to
    be
    bound
    by
    all of its terms and
    conditions.
    SIGNED
    ___________________________
    TITLE
    __________________________
    DATE
    ___________________________
    IT IS SO
    ORDERED.
    I, Christan L. Moffett, Clerk of
    the
    Illinois
    Pollution
    Control Board, hereby certify that
    the. above Opinion and Order
    were
    adopted
    on
    the
    f~
    day
    of
    ~L
    ,
    1982 by a vote
    of
    &~:-~
    .
    Illinois Pollution
    47-319

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