ILLINOIS

 POLLUTION CONTROL

 BOARD

June

 22, 1978

AMAX

COAL

COMPANY,

Petitioner,

)

PCB

 78—99

ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

OPINION

AND

 ORDER

 OF THE BOARD

(by

 Dr. Satchell):

petition for variance

by

AMAX

 Coal Company

was filed on

April

 1978.

 AMAX is requesting a

variance

from the total

suspended solids

requirement of 15 mg/i

of

Rule 408(a) of

Chapter

3:

 Water

Pollution Regulations

for

its Sun Spot Nine

coal preparation plant discharge in Fuiton County, Illinois.

Petitioner requests a

variance

until September 1,

 1978.

The

Environmental Protection Agency

 (Agency)

 filed a recommendation

on

April

 28, 1978,

The discharge from Petitioner’s coal preparation

plant

 is currently treated by facilitiies constructed and

operated

under the terms of Agency issued permits

l972-EA-l674-OP and

l976—ED~1382~ROP,Petitioner also has NPDES permit

#IL 0036366.

Petitioner believes that the major contribution to

its

total

suspended solids problem is runoff of precipitation from

areas ancillary to the plant.

 The Agency states that field

staff observations tend to

support this

 ~1sgation.

To improve site drainage and settling Petitioner proposes

to construct a collection

ditch to collect runoff from the

ancillary area and direct

it

into the ancillary settling

sump.

This

sump

will store the runoff from a ten—year,

24—hour storm

if

the sump is at normal water level when the storm

occurs.

In addition,

 a pit type pump will be installed to pump the

ancillary sump water into the slurry pond,

 thus allowing

considerable detention time for

settling.

The existing overflow structure of the fresh water lake

will

be relocated and a diversion ditch will be constructed

to

convey

the overflow from

the

fresh water lake around

the

ancillary settling

sump to a series of flooded last cut pits.

This

will allow

additional detention time for settling.

The

location of

the NPDES

discharge

point

will

then be moved

approximately 400

feet downstream from the outlet of the last

flooded

pit.

 Some minor work will

be

required

on

the existing

culvert at the new

discharge point location to remedy the

30—553

erosion and

 undercutting on the downstream side of

 the culvert.

It is anticipated these modifications to existing facilities

will take

 approximately six months at a cost of approximately

$45,000.00.

The

 Agency believes that these improvements

should

materially

improve the quality of Petitioner~seffluent with

respect to

 suspended solids.

The

U.S.

Environmental Protection Agency has

 promulgated

Best

 Practical Treatment

 (BPT)

 for the discharge

 from this

facility.

 With respect to total suspended solids

 the discharge

is limited to 35 mg/I as a 30 day average and 70 mg/l

 as a

daily

 maximum.

 An excursion over the 73 mg/i daily maximum

limit is allowed

 if that excursion is causei or influenced by

a major

precipitation event

 (a 1O~year, 24~hourstorm).

 Based

on

 the information

 in Petitioner~s

NPDES

 Monitoring

 Reports,

Petitioner~s facility is apparently capable of meeting BPT

during the

 period of the variance.

Petitioner~s facility discharges to the south

 branch of

Otter Creek,

which is a tributary to Otter Creek and

 ultimately

to the

 Illinois River.

 A biological survey of Otter Creek and

its tributari~swas initiated by the Agency in 1976,

The

survey

 showed that the South Branch and Otter Creek downstream

of

Petitioner~s

discharge was similar in biological

makeup

to similar watersheds not receiving wastewater discharges.

Agency

investigation has failed to demonstrate that Petitioner~s

discharge has

 a significant adberse environmental impact upon

 receiving waters.

 The Agency recommends granting the variance

with conditions.

 The Agency further notes that

 Petitioner~s

NPDES

 permit

 must be modified to reflect any such

variance.

Based upon the variance petition and the recommendation

the Board finds

 that Petitioner has made a substantial effort

to come

 into compliance.

 The Board finds that Petitioner would

suffer arbitrary and unreasonable hardship if denied this

variance.

 The variance Will he granted until September

1,

 1978,

Pursuant to Rule 914 the Board shall require the

 modification

to

Petitioner~sNPDES permit.

This Opinion constitutes the Board~s findings of fact

and

conclusions of law in this matter.

It is

 the order of the Pollution Control Board that AMAX

Coal Company

is granted a variance from the total suspended

solids

 requirement of Rule

408

 of Chapter

 3: Water

 Pollution

Regulations

 for its Sun Spot Mine coal preparation

 plant until

September

1,

 1978 subject to the following conditions:

1.

 Petitioner shall continue to meet Best

 Practicable

Treatment limits established by USEPA

 for its discharge.

2,

 Petitioner shall be requi~edto obtain a1~necessary

construction permits

 frcs

 the Agency aed to make the

improvements described i

 its petition.

Within

days

after

the

date

the

Board

herein

the Petitioner

shall

axe

LCC

 and forward to the

Illinois Environmental Prote~tionAgency, Variance

Section,

 2200 Churchill Road, Sp~tngfieId, Illinois

62706, a Certification of 1ccep’~anceand Agreement

to be bound to all terms ana co. 3itions of the

variance.

 this

 45 day ocriod ~i.l1

 be held in

abeyance for any period

 irlrg

 ~ICt1this matter

is appealed.

 The form of said ~‘rtification

shall be as follows:

CERTIFIC~.~tON

I,

 (We),

having

read

and fully understanding the Order o~

 Illinois

Pollution Control Board in PCB 78~99oereby accept said

Order and agree to be bound by all teros and conditions

thereof.

title

Date

***

The Agency, pursuant to Rule 914 of

 (That

 shall modify

Petitioner~sNPDES permit #IL 0036366 cor~stent with the

conditions

 set forth

 in this order including such interim

effluent limitations as may reasonably be achieved through

the application of best practicable operation and maintainance

practices

 in th~existing faclity,

I, Christan

i~.

 Moffett,

 Clerk of the illinois Pollution

Control Board, hereby certify the above OpLnion and Order

were adopted on the ~

 day of

~

 1978 by a

vote of

___

Christan

 L. Moffe X

 Clerk

Illinois

Pollutio

ontrol

BOc

30-~b55