ILLINOIS POLLUTION CONTROL BOARD
June
29,
1995
A.E.
STALEY MANUFACTURING,
Petitioner,
v.
)
PCB 95—186
(Provisional Variance—Water)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by M. McFawn):
Pursuant to Section 35(b)
of the Environmental Protection
Act (Act)
(415 ILCS 5/35(b)),
A.E. Staley Manufacturing
(Staley)
requested that the Illinois Environmental Protection Agency
(Agency)
recommend that the Board grant a provisional variance to
allow Staley
to
operate
in violation of its National Pollutant
Discharge Elimination System
(NPDES)
permit,
1L0002381,
in order
to be able to use its newly constructed cooling tower.
Such
request for a provisional variance and the Notification of
Recommendation were filed with the Board by the Agency on
Wednesday,
June 22,
1995.
Pursuant to Section
35(b)
of the Act,
the Board must issue the variance within two
(2)
days of this
filing.
Pursuant to Section
35(b)
of the Environmental Protection
Act
(Ant)
(415 ILCS 5/15(h)), the Agency,
by and through its
Director, Mary A.
Gade, seeks
a provisional variance for Staley
in order to allow
it to operate
in violation of its NPDES permit.
Specifically, the Agency recommends that we grant Staley a
(forty—five)
45 day provisional variance for its facility located
in Macon County,
from the requirements pertaining to carbonaceous
biochemical oxygen
deiudJlU
(CBOD5)
arid
toUal
suspended
solids
(TSS)
as set forth
in
35
Ill.
Adm.
Code 304.120(c)
and
304.141(a), for the period beginning when Staley begins using its
newly constructed cooling tower and continuing for a period not
longer than forty-five
(45)-days or when Staley receives its
revised NPDES permit, whichever occurs first.
The Agency recommends that the Board grant the requested
provisional variance with specified conditions.
The Agency
agrees that the modifications are necessary.
The Agency
anticipates that the requested provisional variance would have
minimal environmental impact on the receiving stream.
The Agency
is unaware of any public water supplies that the requested
provisional variance would adversely
impact.
The Agency
maintains that a grant of a provisional variance would violate no
federal laws.
The Agency finds that a denial of the requested
2
provisional variance would create an arbitrary or unreasonable
hardship on the petitioner.
Provisional variances are by their very nature temporary.
The responsibilities of the Agency and the Board
in these short-
term provisional variances are clitterent trom the
responsibilities in standard variances.
~
415 ILCS 5/35
(b)
&
36(c)).
In provisional variances it
is the responsibility of the
Agency
to
make the technical determinationc
and
finding of
arbitrary or unreasonable hardship.
The Board’s responsibility
is to adopt a formal order,
to assure the formal maintenance of
the record, to assure the enforceability of the variance,
and to
provide notification of the action by a press release.
Having received the Agency recommendation finding that a
denial of the requested relief would impose an arbitrary or
unreasonable hardship, the Board hereby grants Staley a
provisional variance from 35
Ill. Mm.
Code 304.120(c)
and
304.141(a),
on the following conditions:
1.
The variance shall commence on the date when Staley
begins using its newly constructed cooling tower and shall
continue for a period not longer than forty-five
(45)-days
or when Staley receives its revised NPDES permit, whichever
occurs first;
2.
The discharge of stormwater shall be subject to the
mass based limitations for CBOD5 and TSS,
as outlined in
Staley’s provisional variance petition;
3.
Staley shall monitor the stormwater discharge for p11,
oil and grease,
CBOD5 and P55. Sampling for pH and oi1 and
grease shall be grab samples taken during the first 30
minutes
(or as soon thereafter as practicable)
of a
discharge.
For CBOD5 and P58 both a grab sample taken
during the first 30 minutes
(or as soon thereafter as
practicable)
of
a discharge,
and a flow weighted composite
must be analyzed.
A minimum of one grab sample shall be
taken from any holding ponds or other impoundments with a
retention period of greater than 24 hours.
All samples
shall be collected from the discharge resulting from a storm
event that is greater than 0.1 inches and least
72 hours
from the previously measurable storm event.
Flow weighted
composites samples shall be taken for the entire event or
the first three hours of the event, whichever is shorter.
Visual inspections of the receiving stream shall also be
conducted during the sampling time periods to ensure that
Lake Decatur water quality is protected;
4.
Staley shall submit
a plan of study within forty-five
(45)—days,
for Agency review and approval, that addresses
3
possible water quality impacts to the receiving stream, and
Lake Decatur, resulting from the discharge of stormwater
from its facility.
The plan of study shall include the
following items:
(a)
Evaluation
of. means to reduce the potential
for stormwater becoming contaminated with raw
materials,
intermediate products, final
products,
waste materials or by—products.
(b)
Review the use of the Best Management
Practices
(BMP)
such as housekeeping measures
to reduce the potential for stormwater
contamination from process products.
(c)
If it
is determined that the receiving stream
or Lake Decatur would be impacted by the
facility’s stormwater discharge then the plan
of
study should include evaluation
of
solutions which would bring the discharge
into compliance with state water quality
standards.
Within ten
(10)
days of the date of this order of the Board
Staley shall execute
a copy of
a
Certificate of Acceptance of
this provisional variance and forward that copy to the Agency
addressed as follows:
Illinois Environmental Protection Agency
Bureau
of Water,
Compliance Assurance Section
2200 Churchill Road
P.O.
Box
19276
Springfield, Illinois
62794—9276
Attention:
Mark P. Books
The Certificate
of Acceptance shall take the following form:
4
I
(We)
CERTIFICATION
hereby accept and agree to be bound by all terms
and conditions of the order of the Pollution
control Board in PCB 95-186, June 29,
1995.
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED
the Illinois Pollution Control
above order was adopted on the
__________
1995,
by a vote of
H
borothy
M
C
n, C1er~
~
4.
Illinois Po~,~tionControl Board
I, Dorothy M.
Gunn,
Clerk of
Board
do hereby cert
that the
~~a-day
of __________________
