ILLINOIS POLLUTION CONTROL BOARD
November
2,
1989
REILLY INDUSTRIES,
INC.,
Petitioner,
v.
)
PCB 89—102
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.
Anderson):
On June 14,
1989, Reilly Industries,
Inc.,
formerly Reilly
Tar and Chemical Corporation,
(Reilly)
filed a petition for
a
variance extension,
not to exceed one year,
from the variance
granted in PCB 88—47 on August
4,
1988.
Reilly filed an amended
petition on July
6,
1989
in response to a Board Order
of June
22,
1989.
No hearing was requested and none has been held.
On
August
18,
1989,
the Illinois Environmental P~otectionAgency
(Agency)
filed a recommendation to grant
for one year
or the
effective date of the site specific rule in R88—9, subject
to the
same conditions
in PCB 88—47.
Variance
is requested
from 35
Ill.
Adm. Code 307.103 which controls Reilly’s discharge of mercury to
the City of Granite City (City)
sewer system.
At the outset, the Board notes
that on October
18,
1989,
it
adopted a site specific rule for Reilly
(R88—9, Adopted Rule,
Final Opinion and Order).
The regulation will be filed with the
Secretary of State
shortly.
At this juncture, Reilly
is requesting about a two month
variance,
from September
1,
1989,
the date its variance
in PCB
88—47 terminated,
until
the date
the site specific regulation is
filed with the Secretary of State.
The Board does not believe
it
is necessary to repeat the
extensive discussion and evaluation contained
in PCB 88—47
(which
itself was
a one year variance extension of
a prior
three year
variance granted
in PCB 84—82).
Rather, the Board will
incorporate by reference the Opinion and Order
in PCB 88—47.
Reilly’s need for variance extension stems solely from the delay
encountered by the need for the Board to re—First Notice Reilly’s
site specific rule in order
to conform to the requirements
of the
Illinois Administrative Procedure Act.
The Agency notes
that Reilly’s two most recent quarterly
reports, of April
4 and June 30,
1989,
show that the facility was
1r1~
3Q
—2—
generally in compliance with the PCB 88-47 variance conditions
and that Reilly was able to reduce
its monthly average mercury
concentration from 0.0075mg/i
to 0.004 mg/i even though the
tested resins were indicated to be ineffective.
The Agency
referenced
the Board’s prior Opinion, which summarized
the
Agency’s concern over the environmental impact of mercury, a
reference the Board construes as supporting variance
nevertheless.
The Board particularly notes that the City was not a co—
petitioner with Reilly as
it was
in the prior variance.
Assuming
that this was an inadvertent oversight,
the Board hereby joins
the City to assure consistency with its prior Order, and so the
City’s allowance of Reilly’s discharge into the sewer system is
affirmed.
Given the circumstances
in this case,
the Board agrees that
Reilly has presented adequate proof
that immediate compliance
with the applicable mercury standard during the term of this
variance would impose an arbitrary or
unreasonable hardship.
The
Board will grant variance with the same conditions as
in the
prior variance.
This Opinion constitutes
the Board’s findings of fact and
conclusions
of law in this matter.
ORDER
Reilly Industries,
Inc. and the City of Granite City are
hereby granted variance from 35 Iii. Adm. Code 307.103 as
it
applies to Reilly’s discharge,
from September
1,
1989 until the
petitioner’s site specific rule adopted on October
18,
1989,
(R88—9)
is filed
with the Secretary of
State,
subject
to the
following conditions:
1.
Reilly Industries,
Inc.
shall not discharge mercury at
a
concentration greater than 0.025 mg/i,
subject to the
averaging rule of
35 Iii. Adm. Code 304.104(a),
to the
City of Granite City sewer
system,
nor shall
the City of
Granite City allow Reilly Industries
to discharge
mercury at
a concentration greater than that
level.
2.
Reilly Industries,
Inc.
shall conduct
a compliance
program to reduce
the mercury concentration
in its
effluent consistent with the above Opinion and improve
the accuracy of
its mercury analysis.
3.
Reilly Industries,
Inc.
shall continue
to submit
quarterly progress reports during the variance period
to:
Mr.
Mark Books
Illinois Environmental Protection Agency
105 40
—3—
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
Springfield,
IL
62706;
4.
Within 45 days of the date of this Order,
Petitioner
shall execute and forward
to Thomas Davis,
Enforcement
Programs, Illinois Environmental Protection Agency,
2200
Churchill Road, Springfield, Illinois 62794—9276,
a
Certification of Acceptance and Agreement to be bound by
the terms and conditions contained herein.
This
variance will be void
if the Reilly Industries fails
to
execute and forward the certificate within the 45 day
period.
The
45 day period shall
be held
in abeyance for
any period during which the matter
is 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 the certification
shall
be as follows:
CERTIFICATION
I,
(We), ____________________________
,
having read t~e
Order of the Illinois Pollution Control Board,
in PCB 8’~—l02,
dated November
2,
1989, understand and accept the said Order,
realizing that such acceptance renders all terms and conditions
thereto binding and enforceable.
Petitioner
By:
Authorized Agent
Title
Date
5.
Section
41 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1987,
ch. l11~,par.
1041) provides for
appeal of final Orders of the Board within
35 days.
The
105 ~4i
—4—
Rules of the Supreme Court of Illinois establish filing
requirements.
IT
IS SO ORDERED.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the~boveOpinion and Order was
adopted on the ~
day of
~
,
1989,
by a vote
of
_______.
L
2~
Dorothy M.’/unn, Clerk
Illinois P~1lutionControl Board
105 -42