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

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