ILLINOIS POLLUTION CONTROL BOARD
    September ~,
    1971
    GAF CORPORATION
    v.
    )
    PCB 71—uS
    (Supplementary)
    Environmental Protection Agency
    Mr. Robert W. Thomas
    (Gray, Thomas, Wallace, Feehan and Baron)
    and
    Mr. Kenneth D. Archer, Associate Counsel, GAF Corporation, on behalf
    of the petitioner
    Mr. Fred Prillaman, on behalf of the respondent
    Opinion of the Board
    (by Mr. Dumelle)
    Originally GAF Corporation
    (GAP)
    filed
    a petition for variance
    on January 27,
    1971.
    A hearing was held and on April
    19,
    1971 the
    Board issued an opinion and order granting
    a variance until June
    19,
    1971 subject to several conditions including
    a requirement that GAP
    file
    a supplemental petition before June
    19,
    1971.
    On June
    17,
    1971
    GAP filed the instant petition requesting that the variance be ex-
    tended to April
    30,
    1972.
    On June 16 GAF filed
    a request for an
    interim extension of the variance pending disposition of the supple-
    mental petition.
    The Board issued an order on June
    23 granting an
    interim extension of the variance for 90 days or until
    a decision on
    the supplemental petition was rendered.
    The variance was sought to shield the company from prosecution
    for violation of water pollution regulations during the period that
    installation of treatment facilities was underway.
    Specifically GAP
    sought to be allowed to discharge BOD
    and suspended solids in excess
    of the amount allowed by the existing regulations.
    The company’s operations
    and the quantities of contaminants
    discharged as well as other aspects of the history of this
    case were
    extensively dealt with
    in the Board’s opinion of April
    19,
    The
    manufacturing operations at the GAP Joliet location are centered
    about the production of roofing
    felt.
    The plant’s effluvia was
    flowing untreated into the Des Plaines River at
    a daily rate of 15,000
    pounds of biological oxygen demand
    (BOD) and 20,000 pounds of suspended
    solids
    (R.62).
    The quantity of these
    two contaminants discharged into
    the Des Plaines is at least 20 times the amount presently allowable
    by regulation.
    2
    401

    Since the first hearing before this Board on this matter on March 22,
    1971 GAP
    has
    begun and reportedly
    has completed construction
    of the pri-
    mary treatment facilities.
    During
    the second hearing in this matter,
    the hearing on the instant supplemental petition, held on August 10,
    1971 Mr. Anthony Melchiorre, project manager in the GAF corporate
    engineering department, testified that the primary facilities would
    be functional after September
    1,
    1971.
    Operation of
    the primary
    treatment facilities should result in a decrease of 50
    in the
    discharge of suspended solids and
    a decrease of 15
    in the amount
    of BOD discharged
    (R.54,83,l09).
    As regards the secondary treatment
    facilities Mr. Melchiorre stated that the aerating basin, clarifiers,
    centrifuges and other units comprising the secondary facilities
    should be complete by April
    30,
    1972
    (R.49,54).
    Work is presently
    proceeding on
    the secondary facilities in the most ~xpeditious
    way
    possible according
    to Mr. George Wise,
    the principal contractor’s
    project manager
    (R.lll).
    He stated that the critical path scheduling
    for this project is under careful and continuous scrutiny.
    A permit for the treatment facilities has been secured from the
    Environmental Protection Agency
    (R.24-25,
    34).
    A lease for the
    property
    on
    which
    the faôilities are located has been obtained and
    GAF
    has secured
    a required easement from the E.J.
    &
    E.
    Railroad
    (R,27)
    .
    The company has also secured a required license needed
    to
    provide roadway access to~the treatment area
    (R.28).
    All the permits
    necessary
    for the construction of both
    the primary and secondary
    facilities have been obtained or
    as in the case of the Illinois Divi-
    sion of Waterways
    and Army Corps of Engineers permits,
    are in the
    process
    of being obtained while construction of
    the facilities
    is
    underway
    (R,31).
    GAF has contracted with Catalytic,
    Inc.
    to evaluate, design,
    and construct the treatment facilities
    (R.50)
    GAF’s contractor has
    been instructed
    to use overtime work whenever possible to accelerate
    the completion date of
    the treatment facilities
    (R,54).
    There was
    testimony, however,
    that for most of the construction period the
    job could not be speeded up with overtime as the critical factor
    holding up the completion date was delivery of major items such as
    the centrifuges
    (R,77).
    The condition of
    the Des Flames River is about the same
    now
    as it was
    a
    few short months ago.
    The River has been badly polluted
    for
    a number of years.
    Contaminants continue
    to be dumped into
    it
    from its source to its confluence with the Illinois River; effluents
    from municipal sewage treatment works
    as well
    as industrial wastes
    are a daily burden.
    To be
    sure the Des Plaines River,
    as any flowing
    stream, cleanses itself
    as it moves along,
    depositing particulate on
    the bottom and enriching itself with oxygen from the air, which helps
    break down the organic wastes
    in the water, yet is remains
    a great
    flowing depository of wastes.
    It can aptly be characterized
    as
    a
    massive open sewer after
    it has accepted the treatment plants effluents
    from the Chicago metropolitan area.
    Until
    the Chicago area treatment
    plants go on line with tertiary treatment of municipal
    and industrial
    wastes and
    some form of control of the combined sewer problem is

    effected,
    the quality of the
    Des Plaines River at Joliet will remain
    low.
    This
    is one reason,
    as we stated in our Opinion of April
    19,
    that this Board can consider granting this variance request.
    At the first hearing on this matter the company sought to por-
    tray itself as
    a pollution fighting Gulliver restrained by
    a number
    of government
    agency Lilliputians.
    The picture which emerges from
    the present state
    of the facts
    is quite different.
    GAF has elected
    to proceed post haste
    to abate
    the
    pollutional nature of its aqueous
    discharges.
    We therefore grant the requested variance subject to
    several conditions.
    The conditions attached to this grant of
    a variance are not un-
    like those stated in
    the order of April
    19,
    1971.
    Further,
    as we
    stated in our opinion of June 28
    (and order
    of June 23),
    following
    a hearing on the motion requesting interim relief,
    the conditions
    of our order of April
    19 relating to the payment of a money penalty
    and the posting of
    a bond are
    not affected by the instant opinion
    and order.
    Resolution of GAP’s refusal to comply with those condi-
    tions enumerated in the order of April
    19
    is left to the Illinois
    Appellate
    Court.
    The several conditions connected to the instant
    grant are
    in furtherance
    of the policy expressed in the Environmental
    Protection Act which authorized
    this Board
    to grant variances.
    The
    condition
    in the order of April
    19 relating to overtime work is
    modified to require such construction work only when the date of
    completion of the facilities will be advanced by
    such efforts,
    GAF
    shall submit monthly progress reports
    to the Environmental Protec-
    tion Agency
    so that we may have some assurance that work is proceed-
    ing apace.
    Reports shall be filed on the
    first working day of each
    month until
    the work is completed detailing progress to date and
    fully explaining any deviations from GAF’s announced plans.
    It is abundantly clear from the present record that
    the company
    has made substantial progress and expended considerable effort to
    make
    up for several years
    of inexcusable inaction,
    The history of
    this case of delay,
    study and re-study, alternatives
    chosen, rejected,
    then once more looked upon with favor
    is now happily past.
    Continuance
    of the present pace should in the next eight months result in the
    control of
    a significant source of Des Plaines River pollution.
    The
    company is now seriously engaged in solving
    its acute pollution prob-
    lem.
    We grant the variance to enable GAF to complete the abatement
    project but we
    do
    so with conditions which will assure that the clean-
    up
    job proceeds in the most expeditious way.
    This opinion constitutes
    the Board’s findings of
    fact and con-
    clusions of
    law.
    I, Regina
    E.
    Ryan,
    Clerk of the
    Illinois Pollution Control
    Board,
    certify that the Board adopted the above Opinion on the
    16
    day of September,
    1971.
    C

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