ILLINOIS POLLUTION CONTROL
BOARD
February
6,
1992
AMEROCK CORPORATION,
)
Petitioner,
)
v.
)
PCB 87—131
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTIbN AGENCY,
Respondent.
ORDER OF THE BOARD
(by J. Theodore Meyer):
This
matter
is before
the Board
on Amerock
Corporation’s
(Amerock)
January
28,
1992 request
for
clarification.
Amerock
seeks
clarification of the conditions contained
in the variance
granted by the Board on January
9,
1992.
Initially,
Amerock
advises
the
Board
that
it
no
longer
anticipates implementing the sanitary sewer option if its requested
site-specific rule
(docket R87—33)
is denied.
Instead,
Amerock
would
implement the collection and treatment option,
the source
abatement option, or a combination of those.
The Board notes the
change.
Additionally,
Amerock
states
that
all
eight
of
its
outfalls are permitted under its March 1990 NPDES permit,
so that
the reference
in Condition
3 to “three unpermitted outfalls”
is
incorrect.
The Board will correct that condition.
The remainder of Amerock’s request
for clarification deals
with interpretation
of the conditions attached to the variance.
First, Amerock notes that it cannot provide samples for the entire
period
of the variance,
because
of the simple passage
of
time.
Therefore,
Amerock
states
that
it
will begin
the
sampling
and
analysis
required
by
the
variance
in
1992.
Amerock’s
interpretation is correct.
Second, Amerock interprets Condition 3
to
require
one
sample
from
each
outfall
if
a
discharge
has
occurred.
If no discharge has occurred, Ainerock will so st~atein
its
Discharge
Monitoring
Report
(DMR).
Again,
Amerock’s
interpretation is correct.
Ainerock
also
requests
clarification
of
several
issues
regarding Condition 4.
First, Amerock interprets Condition
4 to
require monthly grab samples and sediment samples from North Kent
Creek
regardless
of
whether
discharges
have
•occurred.
That
interpretation is correct.
Condition 4, as imposed on January
9,
1992,
requires grab
samples
of water
and sediment upstream and
downstream of each of Ainerock’s eight outfalls.
Amerock asks that’
the condition be modified to allow for sampling in three places.
130—19
2
The Board will modify the condition, but will require samples from
four
places.
This will
ensure that
samples
are taken
in the
portions
of the stream where
impacts
are most likely to occur.
Additionally, Amerock interprets Condition
4 to require that each
grab and sediment sample be analyzed for the parameters listed in
Condition
2,
except
for
total
suspended
solids
(TSS).
That
interpretation
is
correct,
insofar
as
Ainerock
need not
analyze
sediment samples
for
TSS.
However,
the water
samples must
be
analyzed for TSS.
Fin~lly, Amerock
interprets
Condition
5
as
identical
to
Condition 6 in its prior variance (PCB 84—62), which was satisfied
by the semi-annual biological surveys conducted by Huff and Huff,
Inc.
That interpretation is incorrect, because biological sampling
only occurred at points upstream and downstream of the entire group
of outfalls.
Instead, the biological sampling shall be done at the
four sampling points specified in Condition 4.
The Board will include
a corrected order setting forth
the
modifications discussed above.
This order supersedes the January
9,
1992 order.
ORDER
Amerock Corporation
(Amerock)
is hereby granted
a
variance
from the following effluent standards located at
35 I1l.Adin.Code
304.124:
hexavalent
chromium,
total
chromium,
copper,
cyanide,
zinc,
and
total
suspended
solids.
This
variance
applies
to
Amerock’s
facility
located
at
4000
Auburn
Street,
Rockford,
Illinois, and is subject to the following conditions:
1.
This variance begins on December 21, 1987, and expires on
the earlier of:
December 21, 1992,
or the date of final
action on any grant of Amerock’s requested site—specific
rule, currently pending before the Board in R87-33.
2.
During the period of the variance, Amerock’s discharges
shall not exceed the following limits:
Constituent
Limitation (lbs/month)
chromium
(hexavalent)
1.0
chromium
(total)
4.0
copper
20.0
cyanide
(total)
3.0
zinc
60.0
total suspended solids
300.0
3.
In addition to the sampling required by Ainerock’s NPDES
permit,
Ainerock shall
inspect each discharge
location
during and shortly after periods of rainfall.
Amerock
shall obtain one sample from each outfall per month.
The
130—20
3
samples shall be analyzed for the parameters required by
the NPDES permit.
The results of these analyses shall be
attached to Ainerock’s DMRs and submitted to the Agency.
If no discharges occurred during the month, Ainerock shall
so indicate in its DMR5.
4.
Amerock shall sample the water and sediment of North Kent
Creek once each month at sites:
(1) upstream of Outfall
000;
(2)
between
Outfalls
001
and
003;
(3)
between
Outfalls 004 and 007; and
(4) downstream of Outfall 007.
This sampling shall occur at a time when discharges are
present.
However, even if no discharges occur in a given
month,
Amerock
shall
take the monthly
samples
at the
locations
listed
above.
These
samples
shall
undergo
chemical analysis for the parameters listed in Condition
2,
except that sediment samples need not be analyzed for
total
suspended solids.
The results
of
the analyses
shall be attached to Ainerock’s
DMRs
and submitted to the
Agency.
5.
Amerock shall continue to conduct a biological survey of
North Kent Creek to monitor any impact of its discharges
on the biological organisms in the stream.
These surveys
shall
be
conducted
twice
a year
at
similar
sampling
locations
to
those
for
chemical
analysis
listed
in
Condition
4.
The results
of
these
surveys
shall
be
submitted to the Agency’s Compliance Assurance Section,
Water Pollution Control Division,
2200 Churchill Road,
P.O. Box 19276, Springfield, Illinois 62794—9276.
6.
Within forty-five days of the date of this order, Amerock
shall execute and forward to:
Lisa Moreno
Division of Legal Counsel
Illinois Environmental Protection Agency
P.O. Box 19276
2200 Churchill Road
Springfield, Illinois 62794—9276
a certificate of acceptance and agreement to be bound to
all terms and conditions of the granted variance.
The
45-day period shall be held in abeyance during any period
that this matter
is
appealed.
Failure to execute and
forward
the
certificate
within
45-days
renders
this
variance void.
The form of certificate is as follows.
Certificate of Acceptance
I
(We),
hereby accept and agree to be bound by all terms and conditions of
the Order of the Pollution Control Board in PCB 87-131, February 6,
130—21
4
1992.
Petitioner
Authorized Agent.
Title
Date
IT IS SO ORDERED.
Section
41
of the Environmental Protection Act
(Ill.
Rev.
•Stat.
1989
ch.
111
1/2
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.
I,
Dorothy M. Gunn,
Clerk
of the Illinois Pollution Control
Board, hereby certify that th~aboveOpinion and Order was adopted
the
(~~771 day
of
~
,
1992,
by
a
vote
of
________
.
Illinois Po~
Control Board
130—22