ILLINOIS POLLUTION CONTROL BOARD
    November 29, 1979
    EXXON CHEMICAL COMPANY, U.S.A.,
    an
    )
    operating division of EXXON
    )
    CHEMICAL
    COMPANY,
    a division of
    )
    EXXON CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 79—162
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    This matter comes before the Board upon a petition for
    variance filed on August
    13,
    1979 by Exxon Chemical Company
    U.S.A.
    Petitioner requests
    a modification and continuation
    until March 31, 1980 of a variance granted for two plants
    operated by Exxon in Lake Zurich,
    Illinois by the Board in
    PCB 77-329 on August 24,
    1978.
    Specifically Petitioner requests
    a deletion of the requirement for a program and schedule for
    Plant #2 and a continuation of variance
    as to Plant
    *2 from the
    total dissolved solids and chloride standards of Rules
    203(f)
    and the total suspended solids standard of Rule 408(a)
    of
    Chapter
    3:
    Water Pollution (Chapter
    3)
    until March 31, 1980 at
    which time Plant #2 will be shut down.
    The Environmental Pro-
    tection Agency
    (Agency)
    filed a recommendation on September 19,
    1979.
    Petitioner filed a response on October
    1,
    1979.
    The
    Agency then filed an amended recommendation on October
    4,
    1979.
    No
    hearing has been held in this matter.
    Exxon is engaged in the processing and distribution of
    oolyethylene and polypropylene products at this site.
    Plant *1
    which was also included in the earlier variance was to complete
    the segregation of its effluent streams as was required on or
    before August 15,
    1979.
    Plant
    #2 as previously mentioned will
    discontinue
    the discharges of process effluent, consisting of
    cooling tower blowdown, boiler blowdown, and some contact cooling
    water, on or before March
    31,
    1980.
    No future use of this part
    of the facility is planned.
    Office space
    at Plant #2 will con-
    tinue to be used and the sanitary sewage will continue to be
    discharged to the Village of Lake Zurich sewer system.
    ~6—1~
    —2—
    Petitioner contends that requiring completion of the seg-
    regation of effluent streams at this plant when the discharges
    are
    to cease on March
    31,
    1980 would impose an arbitrary and
    unreasonable hardship upon Petitioner.
    Petitioner asserts that
    the discharge is not one which creates any risk of environmental
    damage or hazard to public health and welfare.
    The Agency notes
    that this statement
    is not substantiated by Petitioner.
    An
    Agency technical report cites
    a possible marginal adverse impact
    on the potential beneficial
    uses of the receiving waters.
    The
    Agency further states this may change once the segregation of
    process water and storm water has been completed.
    The Board
    notes that
    as of this writing that process should be complete
    for Plant #1.
    The Agency does recommend the grant of the variance since
    the time of continued operation
    is
    so short
    it is doubtful any
    upgrading to meet Chapter
    3 standards could be accomplished in
    that length of time.
    The Board
    finds that to require Petitioner to continue
    modification of Plant
    #2 at this time would be an arbitrary
    and unreasonable hardship.
    The Board will require the Agency’s
    suggested conditions.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that
    Exxon Chemical Corporation is granted a variance for it
    Plant
    #2 in Lake Zurich,
    Illinois
    from the total dissolved solids and
    chloride standards of Rule 203(f)
    and the total
    suspended solids
    standard of Rule 408(a) of Chapter
    3:
    Water Pollution until
    March
    31,
    1980.
    The Board modifies its Order
    in PCB 77—329,
    dated August 24,
    1978,
    to delete the requirement of completion
    of a program for segregation of storm and process flow at
    Plant
    #2.
    This variance and modification are subject to the
    following conditions:
    1.
    That Petitioner not increase wastewater
    flows or
    concentrations over that previously discharged.
    36—184
    —3—
    2.
    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 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 79-162,
    hereby accept that Order and agree to be bound by all
    of its terms and conditions.
    SIGNED
    __________________________
    TITLE
    ________________________
    DATE
    __________________________
    3.
    The Agency, pursuant to Rule 914 of Chapter
    3:
    Water
    Pollution, shall modify the NPDES permit consistent
    with the conditions set forth in this Order,
    including
    such interim effluent limitations as may reasonably be
    achieved through application of best practicable
    operation and maintenance practices
    in existing
    facilities.
    I, Christan
    L. Noffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the a ove Opinion and Order were
    adopted on the
    ~4’~
    day of
    17
    1979 by a vote of
    V—o.
    Christan L. Mof
    Clerk
    Illinois Pollution Control Board
    36—185

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