ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1993
    VULCAN MATERIALS COMPANY,
    )
    JOLIET QUARRY #340,
    )
    Petitioner,
    )
    v.
    PCB 93—113
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by C. A. Manning):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated June 15, 1993. The recommendation refers to
    a request from the
    petitioner, Vulcan Materials Company, Joliet
    Quarry #340, for a provisional variance for its Will County
    facility from the
    total dissolved solids (“TDS”) and sulfate
    (“SO4”) requirements, as set
    forth in
    35 Ill. Adm. Code
    302.208(e) and 35 Ill. Adm. Code 304.141, for the period
    from
    when the petitioner begins discharging from Outfall #001, and
    continue until for 45 days or until the petitioner
    stops
    discharging, whichever occurs first.
    This recommendation follows
    a similar provisional variance granted the petitioner on May 5,
    1993 in PCB 93—82.
    The Agency recommends that
    the Board grant
    the requested
    provisional variance with specified conditions. The Agency
    agrees that the repairs 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
    provisional variance would create an arbitrary or unreasonable
    hardship on the petitioner.
    The responsibilities of the Agency and the Board in these
    short—term provisional variances
    are different from the
    responsibilities in standard variances. ~ 415 ILCS 5/35 (b) &
    (c) (1992) (Ill. Rev. Stat. 1991, ch. 111½, pars. 1035(b) & (c)).
    In provisional variances it is the responsibility of the Agency
    to make the technical determinations 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.
    n
    I ‘) ~
    U 4u
    U~.4
    2
    Having received the Agency recommendation finding that a
    denial of the requested relief would impose an arbitrary or
    unreasonable hardship, the Board hereby grants the petitioner a
    provisional variance from 35 Ill. Adm. Code 302.208(e) and 35
    Ill. Adm. Code 304.141, on the following conditions:
    1. The term of this provisional variance shall commence
    when the petitioner, Vulcan Materials Company, Joliet Quarry
    #340, initiates the discharging from Outfall #001 and
    continue until petitioner stops discharging, or after 45
    days have elapsed, whichever comes first;
    2. During the term of this provisional variance, as
    petitioner has proposed, daily monitoring of the stream flow
    shall be conducted to ensure that the dilution ratio will
    not be less than 5 to 1. Petitioner shall also conduct
    daily sampling and analyses of the pumped discharge, as well
    as the water quality upstream and downstream of the
    dishcarge point daily for the following parameters: pH,
    total suspended solids, total dissolved solids, total
    sulfate and arsenic;
    3. The petitioner shall notify Basil Papadakis of tile
    Agency’s Maywood Regional office by telephone, at 708/531-
    5900, when discharging from the quarry begins and again
    when the discharging is completed and the petitioner shall
    confirm each notification in writing within five days,
    addressed as follows:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794—9276
    Attention: Mark P. Books
    4. The petitioner shall also ensure compliance with pH and
    total suspended solids as described in its NPDES permit
    (IL0002313); and
    5. The Petitioner shall execute a copy of a Certificate of
    Acceptance of this provisional variance and forward that
    copy to the Agency addressed as is the written notice
    required in the above condition; the Petitioner shall
    forward that copy within 10 days of the date of this Order
    of the Board, and the Certificate of Acceptance shall take
    the following form:
    I~
    Li 4uu~b
    3
    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 93-113, June 17, 1993.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the a, e order was adopted by the
    Board on the
    /
    day of ___________________________, 1993,
    byavoteof
    ______.
    c~?~t_~z~A. ~
    Dorothy M. ~u~’n,Clerk’
    Illinois Po~Aition Control Board
    0
    Lt~3-O25I

    Back to top