ILLINOIS POLLUTION CONTROL BOARD
September
3,
1981
KAN~Y TRANSPORTATION,
INC.
and
KTI, INC.,
y
Petitioners,
v.
)
PCB
81-60
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
OPINION
AND
ORDER
OF
THE
BOARD
(by
D.
Anderson):
This matter comes before the Board upon a variance petition
filed June
24, 1981 by Kaney Transportation,
Inc.
and KTI,
Inc.,
Illinois corporations which will be referred to collectively as
“Kaney”.
On April 16, 1981, Petitioners filed a motion to modify
the Board’s final Order in an enforcement action, EPA v. Kaney
Transportation,
Inc.
and KTI, Inc., PCB 78-236,
October 30,
1980.
A new docket number was assigned on April 16,
1981 and petitioners
were ordered to refile the motion
as
a variance petition pursuant
to Part IV of the Procedural Rules.
The petitioners request a
variance from the Board’s Order in the enforcement action
S35(a)
of the Environmental Protection Act (Act).
On July 31,
1981 the
Illinois Environmental Protection Agency
(Agency)
recommended
that the variance be granted with conditions.
No hearing was
held and the Board has received no public comment.
Kaney
Transportation, Inc.
is a wholly owned subsidiary of
KTI,
Inc.
The former operates
an interstate transportation company
employing about 100 persons and
owning
70
tractors
and
112
trailers.
Its principal place of business is
a ten acre tract in Rockford,
Winnebago County.
PCB 78-236 involved discharges arising from the
cleaning of truck interiors and exteriors
at this facility.
The
Board found Kaney in violation of the Act and Board rules requiring
NPDES and other permits, and in violation of effluent and water
quality standards.
The findings were pursuant to a stipulation
and settlement agreement.
The water quality violations included
violation of standards for phenols and fluoride.
Prior to the enforcement action Kaney conducted both exterior
and interior truck washing at the facility.
Interiors containing
bulk liquids were washed in the maintenance building.
Wastewater
flowed from floor drains through pipes to a lagoon.
Kaney dis-
continued internal truck washing.
Pursuant to the settlement
agreement, Kaney has dredged and scraped the lagoon and disposed
43—295
—2—
of contaminated soil.
The stipulation, which was incorporated
into the Board Order, required Kaney to submit an application for
permits necessary to construct and operate a new lagoon.
Kaney
now proposes to construct two above-ground 5000 gallon stainless
steel tanks instead of rebuilding the lagoon.
A variance from
the earlier Board Order is required.
The tanks will be installed on concrete supports in the
existing lagoon.
They will receive only external wash water
through an existing twelve inch PVC pipe.
The average waste
load is about 500 gallons per week.
The waste water will be
hauled to the Rockford Sanitary District for proper treatment
and disposal.
Kaney expects the wash water to have a pH of 7.5 and to
contain sulfate, phosphate,
soap,
dissolved solids, suspended
solids,
oils and grease.
It will be typical of car wash wastes.
The Agency agrees with the facts alleged in the petition.
Kaney estimates that it would cost $10,000
to $12,000 to
construct a new lagoon.
This would involve installation of a
buried liner and construction of
a monitoring well.
The lagoon
would have
an estimated life of only ten years.
The tanks are
estimated to cost $5000 to $6000 and to have an estimated life
of twenty years.
Because the tanks will be elevated, leaks should be readily
apparent.
A liner and monitoring well will be unnecessary.
Kaney
will be required to maintain the existing lagoon walls to hold
wash water in the event of a spill.
The tanks will minimize
wastewater contact with the environment to a greater extent than
possible with
a lagoon system.
The Board finds that
it would impose arbitrary or unreasonable
hardship upon Kaney if it were required to construct a lagoon as
required by the Board’s Order in PCB 78-236 instead of the tanks
described above.
The variance will be granted with conditions
similar to those recommended by the Agency.
No variance will be granted from regulations requiring
construction permits pursuant to Part IX of Chapter
3
(to be
codified as Part 309).
Kaney will be required to make the necessary
43—296
—3—
applications promptly, to give additional information as necessary
and to construct the tanks promptly on permit issuance.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Petitioners Kaney Transportation,
Inc.
and KTI,
Inc. are
granted a variance from the Order of the Board entered October
30,
1980 in PCB 78—236, insofar as that Order required the installation
of a
treatment
lagoon
to
receive
truck
washing
wastewater
at
Petitioners’
Rockford
facility,
subject
to
the
following
conditions:
1.
Within
thirty
days
of
the date of this Order, Petitioners
shall
submit
to
the
Agency
a
construction
permit
application for
the above-ground tanks described in the Opinion.
2.
Petitioners
shall submit such additional information,
upon request by the Agency,
as may be necessary for the Agency
to review the permit application.
3.
The Agency shall promptly review the permit application
and grant or deny the permit or issue a request for additional
information.
4.
Petitioners
shall complete installation of the storage
tanks within ten weeks of receipt of a construction permit from
the Agency.
5.
Petitioners
shall install the tanks as required by permit
conditions.
6.
Petitioners
shall install the tanks inside the old lagoon
and shall maintain the lagoon so as to allow adequate storage of
wastewater should any spills or leaks occur.
7.
Petitioners shall properly monitor, operate, maintain
and repair the storage tanks
at all times so as to minimize leaks
or spills of wastewater.
8.
Petitioners
shall clean up any spills or leaks which may
occur.
9.
Petitioners
shall dispose of wastewater collected in the
tanks in accordance with all applicable Board regulations.
43—297
—4—
10.
Kaney shall not wash truck interiors at this facility
without first making a new or amended permit application to the
Agency disclosing this fact.
11.
This variance will expire April 30, 1982; provided
however that compliance with its conditions shall be deemed compliance
with the terms of the Board’s Order of October 30,
1980 in PCB 78-236
insofar as that Order required construction of
a lagoon.
12.
Within forty-five days of the date of this Order, Petitioners
shall each execute and forward to the Illinois Environmental Protec-
tion 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
matter is being appealed.
The form of the Certificate shall be
as
follows:
CERTIFICATION
I,
(We),
______________________________,
having read
and fully understanding the Order in PCB 81-60, hereby accept that
Order and agree to be bound by all of its terms and conditions.
SIGNED
________________________________
TI
TLE
________________________________
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
~~i)
day of
~
1981 by a vote
of
5~—O
•
A(
i;~’~~
Christan L. Moffett, C,~rk
Illinois Pollution Control Board
43—298