ILLINOIS POLLUTION CONTROL BOARD
    July 11,
    1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    )
    PCB 72—326
    (Enforcement)
    VELSICOL CHEMICAL CORP.,
    )
    )
    Respondent.
    VELSICOL CHEMICAL CORP.,
    )
    Petitioner,
    )
    v.
    )
    PCB 72—351
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter is before the Board on the May 29, 1991 filing by
    petitioner Velsicol Chemical Corporation’s
    (Velsicol)
    “Notion for
    Modification or Termination of Board Order
    in PCB 72-326 and PCB
    72—351
    (Consolidated).”
    By
    this
    motion,
    Velsicol
    seeks
    modification or termination of the following provision set forth
    in the Board’s April 5, 1973 order in this consolidated enforcement
    action:
    2.
    After April
    15, 197~Velsicol
    ...
    shall cease
    and
    desist
    from
    the
    violations
    found
    herein
    by
    taking
    all
    steps
    necessary
    to
    promulgate
    its
    proposed program including:
    ***
    b)
    The deep well
    injection of all
    effluent and
    land runoff
    from the
    Velsicol Chemical Corporation’s
    Marshall,
    Illinois plant
    by
    April
    15,
    1973.
    Velsicol requests modification or termination of this provision
    because “the Marshall plant
    is now closed, and circumstances that
    caused
    the Board
    to
    impose
    the above
    condition
    ...
    no
    longer
    exist.”
    According to Velsicol,
    the planned remediation
    of the
    facility will effectively mitigate the threat of degradation to
    124—01
    surface waterways by surface water run—off from the plant
    area.
    This remediation
    is being completed pursuant to a consent decree
    executed
    by
    the
    Illinois
    Attorney
    General
    (AG),
    the
    Illinois
    Environmental
    Protection
    Agency
    (Agency),
    the
    United
    States
    Environmental Protection Agency
    and Velsicol after Velsicol was
    placed on the Superfund National Priorities List.
    The AG and the
    Agency, according to Velsicol, support the instant motion so that
    Velsicol
    can
    complete
    its
    remediation
    plan
    under
    the
    consent
    decree using “traditional stormwater management techniques.”
    While the
    Board traditionally does not reopen cases closed
    for such a long period of time (see,
    35 Ill. Adm. Code 101.300 and
    101.301),
    the
    instant
    case
    presents
    unusual
    circumstances
    justifying the relief requested.
    Therefore, based upon the facts
    presented here
    and
    a
    review
    •of
    the
    consent
    decree,
    the. Board
    grants Velsicol’s motion and hereby terminates paragraph 2(b)
    of
    its
    April
    5,
    1973
    order
    in
    PCB
    72—326
    and
    PCB
    72-351
    (consolidated).
    IT IS SO ORDERED.
    J.D. Dumelle concurs.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi
    that the above Order was adopted on the
    //~
    day of
    _____________
    ,
    1991 by a vote of
    7~
    /‘
    ~ orothy N. G1?~, Clerk’
    Illinois Polj~kionControl Board
    12 4—02

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