ILLINOIS POLLUTION CONTROL BOARD
    February 19,
    1976
    THE FLINTKOTE COMPANY,
    Petitioner,
    )
    v.
    )
    PCB 75—381
    ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE
    BOARD
    (by Mr. Goodman):
    This matter comes before the Board upon the February
    2,
    1976
    Motion by the Flintkote Company
    (Flintkote)
    to modify the Board’s
    Order of January 8,
    1976, herein.
    Upon the consideration of the entire record
    in this case the
    Board finds that its Order of January
    8,
    1976,
    is not arbitrary and
    is supported by the record.
    Flintkote misreads the intent of the
    variance section of the Environmental Protection Act (Act).
    The
    Board does not grant variances with the intent to cover emergency
    situations such as those presented in the record by Flintkote for
    the purpose of justifying effluent volume of 125,000 gallons per
    day
    (R 59).
    As was stated in the Opinion,
    the Board will hold Flintkote
    to their current level of discharge while they are perfecting their
    chemical control of the process water.
    At the time the Order was
    entered the limitations therein were somewhat above Flintkote’s
    performance as indicated in their Exhibit *1.
    Flintkote’s results,
    as tendered to the Board subsequent to the January
    8,
    1976, Order,
    indicate that indeed those limitations still reflect their current
    operation inasmuch as their only excursion above those limits
    amounted to some
    3 pounds per day of suspended solids.
    The original variance granted in PCB 74-89 included variance
    from a number of sections of the Water Regulations, but only as those
    Regulations relate to the discharge of BOD and suspended solids.
    The
    Board therefore finds
    no reason to extend variance from these Regu—
    lations inasmuch as the Board has set special BOD and suspended solid
    20—119
    —2—
    limits for Flintkote’s effluent.
    In addition,
    the former variance
    was concerned with a much wider set of experimental criteria.
    Flint-
    kote is now in a refining posture and therefore does not need the
    wide latitude offered in PCB 74-89.
    The Board finds that Flintkote’s anxiety concerning the color
    and turbidity of the effluent may have some merit and therefore will
    modify the Order to the extent that Flintkote will be granted variance
    from that portion of Rule 403 of the Water Regulations entitled
    Offensive Discharges.
    Therefore paragraph
    1 of the January
    8,
    1976
    Order herein is hereby modified to read as
    follows:
    1.
    Flintkote is hereby granted variance until September
    1,
    1976, for its discharge of process waters at the
    Mt. Carmel facility from Section 12(a) of the Act as
    it relates to BOD and suspended solids, from Rule 403,
    and Rules 404(a)
    and 408(a)
    as they pertain to cyanide
    subject to the following conditions....
    IT IS SO ORDERED.
    Mr.
    Young abstains.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution control
    Board, her by certify the above Order was adqpted on the
    /qr~
    day of~’
    ,
    1976 by a vote of
    4..p
    Qk~P/r)
    ~jj~w
    Christan L. Moffet1~,
    rk
    Illinois Pollution C
    rol Board
    20—120

    Back to top