ILLINOIS POLLUTION CONTROL BOARD
    September
    3,
    1992
    AMOCO
    OIL
    COMPANY,
    )
    (Creve
    Coeur
    Terminal),
    Petitioner,
    )
    )
    v.
    )
    PCB
    91—10
    )
    (Variance)
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    JAMES
    D. PICKETT APPEARED ON BEHALF OF PETITIONER;
    CHARLES M.
    FEINEN APPEARED ON BEHALF OF RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter comes before the Board on the January 18,
    1991
    filing by petitioner, Amoco Oil Company (“Amoco”),
    of a petition
    for variance (“Pet.”).
    Amoco seeks variance from the dissolved
    iron standard of
    35
    111.
    Adm. Code 302.208(e)
    and from the water
    quality standard contained in 35
    Ill.
    Adm. Code 302.203
    concerning unnatural color or turbidity caused by iron
    coloration.
    From early 1991 into 1992 Amoco and the Illinois
    Environmental Protection Agency
    (“Agency”) held consultations
    regarding the manner in which the subject matter of this variance
    request might be best handled.
    Pursuant thereto, on June 10,
    1992,
    the Agency filed a variance recommendation
    (“Rec.”)
    recommending that variance be granted subject to the condition
    that Amoco follow a compliance schedule as submitted with the
    Agency’s recommendation.
    Hearing was held July 29,
    1992 in Pekin,
    Illinois.
    Amoco
    noted its acceptance of the conditions recommended by the Agency
    (Tr.
    at 5); no testimonywas given and no members of the public
    attended the hearing.
    As presented below, the Board finds that Amoco has met its
    burden of demonstrating that denial of variance would impose an
    arbitrary or unreasonable hardship.
    Accordingly, the variance
    request is granted.
    BACKGROUND
    Amoco
    owns
    and
    operates
    a
    terminal
    for
    the
    storage
    and
    distribution of petroleum products in Creve Coeur,
    Illinois.
    The
    terminal
    is located on approximately 15.2 acres in an industrial
    OI35-O~87
    —2—
    area approximately one—quarter mile east of the Illinois River.
    Lux Creek,
    a small,
    1.35 square mile tributary of the Illinois
    River, flows through and adjacent to the terminal;
    it is an
    intermittent stream.
    (Pet.
    at 3.)
    Since approximately 1989, Amoco has been involved in the
    construction of a series of groundwater monitoring wells and a
    groundwater recovery system, the purpose of which is to clean up
    subsurface contamination caused by petroleum products.
    (Pet. at
    3.)
    The recovered groundwater is treated to remove the petroleum
    constituents, and the treated groundwater is discharged to Lux
    Creek through two permitted outfalls.
    The treated groundwater contains iron.
    The regulations of
    the Board at 35
    Ill. Adm. Code 302.208(e)
    provide, in pertinent
    part, that except for waters within which mixing is allowed,
    in-
    stream concentrations of dissolved iron may not exceed 1.0 mg/l1.
    Mixing
    is not allowed in Lux Creek,
    because it is an intermittent
    stream.
    (See 35 Iii.
    Adm. Code 302.102.)
    Additionally, the regulations of the Board at
    35 Ill.
    Adm.
    Code 302.203 provide,
    in pertinent part,
    that Waters
    of. the State
    must be free of color and turbidity of other than natural origin.
    Presently,
    visible color has been noted by Agency personnel in
    downstream Lux Creek.
    (Rec.
    at
    2.)
    The Agency speculates,
    reasonably,
    that the color
    is due to post—discharge oxidation of
    dissolved iron contained in the treated groundwater.
    Amoco and the Agency agree that this matter be addressed by
    relocating the discharges to the Illinois River.
    The Illinois
    River is not subject to the same mixing limitation as
    is Lux
    Creek.
    However, the Agency notes that whether visible color will
    result in the Illinois is speculative
    (Rec.
    at
    2), and that
    determination whether there would be any violation resulting from
    the discharge into the Illinois River is premature
    (Rec. at
    3).
    The requested variance
    is for the time required to construct
    the Illinois River outfall.
    The Agency and Amoco have agreed
    upon a compliance schedule that would have the project completed
    by October
    1,
    1992.
    (Rec. at
    8.)
    HARDSHIP
    The Agency asserts that there will be minimal environmental
    impact or no impact at all to Lux Creek during the period of the
    variance.
    (Rec.
    at
    20.)
    The Agency observes that actual
    1
    Concentration of dissolved iron in the two permitted
    effluents is variable, as reported: 0.02
    mg/i to 4.0 mg/i in one
    of the discharges
    (Rec.
    at Exh.
    B)
    and 0.04 mg/i to 1.6 mg/i in
    the second
    (Rec. at Exh.
    C).
    O135-O~488
    —3—
    exceedences of the 10 mg/i dissolved iron standard in Lux Creek
    have been few, and that during the short term of the variance
    there
    is a chance that the discharges will not even exceed the
    1.0 mg/i standard.
    (Rec.
    at
    17.)
    Moreover, the Agency asserts
    that the time required to install iron removal equipment would be
    longer than that required to relocate the outfalls, thus allowing
    for greater potential harm to be done to Lux Creek.
    (Rec. at
    20.
    For these reasons the Agency contends that denial of the
    requested variance would constitute an arbitrary or unreasonable
    hardship.
    CONCLUSION
    Based upon the record before
    it, the Board finds that
    immediate compliance with the regulations at issue would impose
    an arbitrary or unreasonable hardship on Amoco.
    The requested
    variance accordingly wiii be granted, subject to the conditions
    recommended by the Agency and acceded to by Amoco.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Petitioner,
    Amoco Oil Company,
    is hereby granted variance
    from 35
    Iii. Adm. Code 302.203 and 302.208(e),
    as these pertain
    to dissolved iron, color,
    and turbidity,
    for the discharges at
    its Creve Coeur terminal to Lux Creek pursuant to NPDES Permit
    No. 1L0004880 and No.
    IL0067563,
    subject to the following
    conditions:
    (1)
    This variance shall terminate on October
    1,
    1992.
    (2)
    During the term of this variance the concentration of
    total iron from either of the two discharges shall not
    exceed 10 mg/l daily maximum and 7 mg/l monthly average.
    (3)
    Petitioner shall follow the agreed—upon compliance
    schedule ac attaohcd to the Agency Recommendation of Juno
    10,
    1992 and incorporated by reference a~through fully oct
    forth hercin, and complete the project by October
    1,
    1992.
    (4)
    Petitioner shall apply for and receive any applicable
    permits from the Agency~prior to beginning construction.
    (5)
    Petitioner shall report to the Peoria Regional Office
    of the Illinois Environmental Protection Agency by phone
    when the various stages of the compliance schedule are
    started and completed.
    A written confirmation of
    t~
    0135-OL&89
    —4—
    notification shah
    be sent to the foliowing address within
    five
    (5) days thereafter:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield
    IL
    62794—9276
    Attn:
    Roger Cailaway
    Within 45 days of the date of this Order, Petitioner shah
    execute and forward to Charles Feinen, Division of Legal Counsel,
    Illinois Environmental Protection Agency,
    2200 Churchill Road,
    Post Office Box 19276,
    Springfield, Illinois 62794—9276,
    a
    Certification of Acceptance and Agreement to be bound to all
    terms and conditions of this variance.
    The 45-day period shall
    be held in abeyance during any period that this matter is being
    appealed.
    Failure to execute and forward the Certificate within
    45 days renders this variance void and of no force and effect as
    a shield against enforcement of rules from which variance was
    granted.
    The form of said Certification shall be as follows:
    CERTIFICATION
    I
    (We),
    hereby accept and agree to be bound by all terms and conditions
    of the order of the Pollution Control Board in PCB 91-10,
    September 3,
    1992.
    Petitioner
    Authorized Agent
    Title
    Date
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1991,
    ch.
    111½, par.
    1041,
    provides for appeal of final
    orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    (But see also
    35 Ill.
    Adm. Code 101.246, Motions for Reconsideration,
    and
    Castenada
    V.
    Illinois Human
    Ricihts Commission
    (1989),
    132 111.2
    304, 547 N.E.2d 437.)
    IT IS SO ORDERED.
    •QI35~O~9O
    —5—
    I, Dorothy M.
    Gunn, Clerk of the lilinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    3-L~
    day of
    ___________________,
    1992,
    by
    avoteof
    _________.
    .
    Ill
    Control Board
    Ut
    3b-OL~91

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