ILLINOIS POLLUTION CONTROL BOARD
March 7, 2002
ENSIGN BICKFORD COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 02-118
(Provisional Variance - Air)
ORDER OF THE BOARD (by C.A. Manning):
On March 5, 2002, the Illinois Environmental Protection Agency (Agency) recommended
that the Board grant a 45-day provisional variance to Ensign Bickford Company (Ensign). The
provisional variance from the requirements of 35 Ill. Adm. Code 237.103 would allow Ensign to
burn explosive and potentially explosive contaminated wastes at its explosive products
manufacturing facility near the town of Wolf Lake, Union County. The Agency states that
failure to grant the provisional variance would impose an arbitrary or unreasonable hardship on
Ensign.
Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2000)) provides:
The Board shall grant provisional variances, only upon notification from the
Agency that compliance on a short term basis with any rule or regulation,
requirement or order of the Board, or with any permit requirement would impose
an arbitrary or unreasonable hardship. Such provisional variances shall be issued
within 2 working days of notification from the Agency. 415 ILCS 5/35(b) (2000);
see also
35 Ill. Adm. Code 104.302.
A provisional variance lasts for no more than 45 days, but the Board can extend the time period
up to an additional 45 days on the Agency’s recommendation. Provisional variances granted to
one person cannot exceed a total of 90 days during any calendar year. 415 ILCS 5/36(c) (2000);
35 Ill. Adm. Code 104.308.
The Board grants Ensign a provisional variance from 35 Ill. Adm. Code 237.103, subject
to the following conditions:
1.
The provisional variance’s duration is for 45-days and begins with the
issuance of the Board’s order.
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2.
Open burning shall be conducted pursuant to conditions 2a, 2b, 2c, 2d, 2e,
2f, 2j, 2k, 2l, 2m, 2n, 2o, and 2s set forth by the Board in
Ensign Bickford
v. IEPA, PCB 00-24, (Nov. 18, 1999).
3.
This provisional variance allows the open burning of only the currently
on-site accumulated Resource Conservation and Recovery Act (RCRA)
waste materials plus the anticipated amount of RCRA regulated waste
materials that would be generated during the provisional variance period.
Only the specific materials and amounts that are classified as RCRA waste
and listed below are to be burned:
Pentolite Waste (W001)
1000#
Primer Production (W004)
600#
Wastewater Sludge (W026)
1800#
Wastewater Spent Carbon (W027) 1000#
The other wastes are not authorized for open burning.
4.
Petitioner shall not flash equipment potentially contaminated with explosive
waste pursuant to this provisional variance.
5.
Open burning should only be conducted on calm, clear days during daylight hours
when the wind velocity ranges between two and ten miles per hour.
6.
Open burning shall not commence before 10 a.m. on any given day.
7.
Petitioner shall maintain records for each burn and the specific type and weight of
waste burned. Copies of these records are to be mailed monthly to:
John Justice, Regional Manager
Bureau of Air
Illinois Environmental Protection Agency
2009 Mall Street
Collinsville, IL 62234
8.
Records detailing type of disposal along with types and weight of waste disposed,
including transportation records, with dates are to be kept by Ensign and copies
enclosed in the monthly mailings to Mr. John Justice.
IT IS SO ORDERED.
If Ensign chooses to accept this provisional variance, it must execute a Certificate of
Acceptance of all terms and conditions of this provisional variance and, within 10 days after the
date of the above order, forward the executed certificate to the Agency at the following address:
Rachel Doctors, Assistant Counsel
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Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
The form of the certificate is as follows:
CERTIFICATE OF ACCEPTANCE
Ensign accepts and agrees to be bound by all terms and conditions of the
Pollution Control Board’s March 7, 2002 order in PCB 02-118.
______________________________________
Petitioner
______________________________________
Authorized Agent
______________________________________
Title
______________________________________
Date
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2000);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 7, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
