ILLINOIS POLLUTION CONTROL BOARD
    October 1, 1987
    MORTON THIOKOL, INC.,
    MORTON CHEMICAL DIVISION,
    Petitioner,
    vs.
    )
    PCB 86—223
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a verified motion to
    modify variance, filed September 14, 1987 by Morton Thiokol,
    Inc., Morton Chemical Division (Morton Chemical). Morton
    Chemical seeks an extension of three interim deadlines
    established in the Board’s May 28, 1987 Order. That Order
    granted Morton Chemical a variance from 35 Ill. Adm. Code
    304.120(c) (80D5 effluent limitation) and 304.141(a) for its
    plant located in Ringwood, Illinois. The variance is to expire
    on June 30, 1988.
    Morton Chemical seeks modification of paragraphs 5(A)
    through 5(C) of the Board’s variance order, as follows:
    A. change the deadline to develop design
    criteria and complete the selection of
    the appropriate technology from June 30,
    1987 to November 30, 1987;
    B. change the deadline to complete plans and
    specifications for the needed facilities
    from July 31, 1987 to December 31, 1987;
    and
    C. change the deadline to begin construction
    of facilities from January 31, 1988 to
    April 30, l988.*
    *The Board notes that although Morton Chemical states the date in
    paragraph 5(C) to be February 29, 1988, the variance sets the
    date as January 31, 1988.
    82—35
    —2—
    Morton Chemical contends that such modification is necessary
    based upon evidence which could not have been discovered by due
    diligence before the issuance of the Board’s May 28, 1987
    Order. Specifically, Morton Chemical states that an evaluation
    of previous treatability studies, completed June 22, 1987,
    concluded that although the only technology capable of
    consistently achieving compliance with the BOD5 effluent
    limitation is ozone oxidation, the treatment cost of such
    technology is economically unreasonable. In its response, the
    Illinois Environmental Protection Agency (Agency) states that
    since Morton Chemical does not seek to modify the dates for
    completion of construction and attainment of operational level,
    it does not object to the grant of the motion.
    The motion for modification of the Board’s May 28, 1987
    Order is granted.
    ORDER
    Morton Thiokol, Inc., Morton Chemical Division, is hereby
    granted variance from 35 Ill. Adm. Code 304.120(c) and 304.141(a)
    for its plant located in Ringwood, Illinois, subject to the
    following conditions:
    1. This variance shall expire on June 30, 1988.
    2. This variance shall apply only to Outfall OO1A.
    3. Petitioner shall continue to monitor and report all
    parameters for Outfall OO1A as required by its NPDES
    permit, including Biochemical Oxygen Demand (BOD).
    4. Petitioner shall begin monitoring and reporting for
    mercury concentrations at Outfall 001 and Outfall 001A
    on a monthly basis.
    5. Petitioner shall comply with the following schedules:
    A. By November 30, 1987, develop design criteria and
    complete the selection of the appropriate
    technology.
    B. By December 31, 1987, complete plans and
    specifications for the needed facilities.
    C. By April 30, 1988, begin construction of
    facilities.
    D. By May 31, 1988, complete construction and,
    82—36
    —3—
    E. By June 30, 1988, attain operational level.
    6. Petitioner shall report monthly on its progress to
    achieve compliance through its construction program.
    Reports shall be submitted to the Agency concurrently
    with its Discharge Monitoring Reports (DMR’s).
    7. Within forty—five days of the date of this Order,
    Petitioner shall execute and forward to Wayne
    Wiemerslage, Enforcement Programs, Illinois
    Environmental Protection Agency, 2200 Churchill Road,
    Springfield, Illinois 62794—9276, a certificate of
    Acceptance and Agreement to be bound to all terms and
    conditions of the variance~ Failure to execute the
    certificate within the forty—five day period renders
    this variance void. This forty—five day period shall
    be held in abeyance during any period that this matter
    is being appealed. The form of said Certification
    shall be as follows:
    CERTIFICATION
    I, (We), _____________________________, having read the
    Order of the Illinois Pollution Control Board in PCB 86—223,
    dated October 1, 1987, 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
    IT IS SO ORDERED.
    82—37
    —4—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /‘~‘
    day of
    ________________,
    1987, by a vote of
    c~’
    Ill s Pollut Control Board
    82—38

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