ILLINOIS POLLUTION CONTROL BOARD
    June
    22, 1979
    REYNOLDS METALS COMPANY,
    Petitioner,
    v.
    )
    PCB
    79—89
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent,
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Petitioner has requested
    a variance from Rules 203(d)
    and 402
    (as it pertains to dissolved oxygen)
    of Chapter
    3:
    Water Pollution,
    The Agency has recommended that a variance
    be granted.
    On June
    9,
    1976 Petitioner was issued a NPDES permit
    which authorized the discharge of treated wastewater
    from
    Petitioner’s aluminum processing plant into the Summit—Lyons
    Ditch in
    McCook,
    Illinois.
    The permit
    limited BOD and
    suspended solids to 10 mg/i and 12 mg/l respectively as
    monthly averages.
    On February
    26,
    1979 the Agency indicated
    that
    it could not process a renewal application because the
    discharge may cause
    or contribute to downstream violations
    of applicable dissolved oxygen water quality standards.
    This conclusion was based on a computer model prepared by
    the Northeastern Illinois Planning Commission
    (NIPC) and
    submitted as part of NIPC’s water quality management plan
    prepared pursuant to Section 208 of the Clean Water Act.
    This model was the subject of a prior Board variance which
    granted similar relief to over 250 dischargers
    (Village of
    Bloomingdale v.
    EPA,
    PCB 78—124,
    October 19,
    1978,
    31 PCB
    125, November
    2,
    1978,
    and November 30,
    1978).
    In Bloomingdale,
    the Board commented as follows on the use of this model:
    “The Board finds that it need not determine whether or
    not the model’s predictions are accurate.
    By its very
    existence the NIPC study provides evidence of possible
    present and future violations
    of the Board’s dissolved
    oxygen water quality standard.
    While the model does
    not provide conclusive proof that any individual discharge
    will cause or contribute to violations,
    the Board sees
    no reason ~ihythe model’s conclusions should be challenged
    in a series of permit denial appeals or obviated in a
    series of variances.
    Extensive litigation would constitute
    economic hardship on hundreds of dischargers and would
    impose an administrative burden on the Agency.
    This
    hardship
    is rendered arbitrary or unreasonable by
    virtue of the fact that it may be needless.
    Pending
    ‘34—91

    —2—
    regulatory changes may remove the need for some of this
    litigation.”
    The Board hereby incorporates the record and its
    findings
    and conclusions
    in Bloomingdale in the record of this matter.
    Petitioner has indicated that it can meet the 10 mg/l
    BOD and
    12 mg/l suspended solids effluent limitations which
    were applied to the majority of dischargers
    in Bloomingdale.
    Without a variance Petitioner’s only alternative is
    termination of its discharge or construction of additional
    treatment facilities to eliminate all deoxygenating wastes,
    Petitioner contends that the hardship and expense associated
    with this latter alternative far outweighs any environmental
    improvement which would result.
    The Board concludes that denial of this variance would
    constitutes arbitrary or unreasonable hardship on Petitioner.
    The reasoning in Bloomingdale must be employed in this
    matter to avoid inequitable results.
    Relief will also be
    granted from Rules
    404(f),
    902(i)(l)(iii),
    910(a)(4) and
    910(b)
    so that the Agency may issue
    a NPDES permit to Petitioner,
    Petitioner and the Agency asked that the variance run
    for a five year term.
    In order to maintain consistency with
    the Order
    in
    Bloomingdale,
    the variance shall also terminate
    on October 19,
    1983.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    1)
    Petitioner is hereby granted a variance
    from Rules
    203(d),
    402
    (as it pertains to dissolved oxygen),
    902(i)(l)(iii),
    910(a)(4) and 910(b) of Chapter
    3:
    Water Pollution,
    until October 19,
    1983.
    2)
    Petitioner is hereby granted a variance from Rule
    404(f)
    of Chapter
    3: Water Pollution until October
    19,
    1983 or until the Board takes
    final action in R77—12,
    Docket C,
    whichever occurs first.
    3)
    During the term of this variance the discharge from
    Petitioner’s wastewater treatment facility shall be
    limited to 10 mg/l BOD and 12 mg/l suspended solids
    as
    30 day averages.
    4)
    The Agency is hereby authorized to issue a NPDES permit
    to Petitioner in a manner consistent with the terms of
    this Order including terms and conditions consistent
    with best practicable treatment,
    operation and maintenance
    of Petitioner’s facilities.
    34—92

    —3—
    5)
    Within 45 days of the date of this Order,
    Petitioner
    shall execute a Certification of acceptance and agreement
    to be bound by all the terms and conditions of this
    variance.
    The Certification shall
    be forwarded to the
    Illinois
    Environmental Protection Agency,
    Division of
    Water Pollution Control, Variance Section,
    2200 Churchill
    Road,
    Springfield,
    Illinois
    62706.
    This
    45 day period
    shall
    be held in abeyance
    if this matter is appealed.
    CERTIFICATION
    I
    (We), _____________________________,
    having read
    and fully understanding the Order in PCB 79-89 hereby accept
    that Order and agree to be bound by all of its terms and
    conditions.
    SIGNED ___________________________
    TITLE __________________________
    DATE ______________________________
    IT IS SO ORDERED.
    Dr. Satchell abstains.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Board, hereby certifX the above Opinion and Order
    were adopted on the
    ~
    day of
    ________________
    1979 by a vote of
    4.’~
    Christan L. Moffet’~,~lerk
    Illinois Pollution Control Board
    34—9 3

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