ILLINOIS POLLUTION CONTROL BOARD
May 22, 1986
NORCHEM, INC.,
Petitioner,
)
)
v.
)
PCB 86-72
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
OPINION AND ORDER OF THE BOARD (by W. J. Nega):
This provisional variance request comes before the Board
upon a May 22, 1986 Recommendation of the Illinois Environmental
Protection Agency (Agency). The Agency recommends that a 45-day
provisional variance be granted to Norchem, Inc. from 35 Ill.
Adm. Code 304.120 as it relates to total suspended solids (TSS)
to allow the Petitioner to exceed the TSS effluent limit of 25
milligrams per liter (mg/i) as a monthly average and 50 mg/i as a
daily maximum during the time period when planned algae control
measures are being installed.
Norchern, Inc. which is located at 8805 N. Tabler Road in
Morris, Grundy County, Illinois, owns and operates wastewater
treatment facilities that include an equalization basin,
activated sludge units, secondary clarifiers, an oil separator, a
sludge holding basin and a polishing pond. (Rec. 1). The
Petitioner discharges its effluent to the Illinois River pursuant
to the appropriate NPDES permit authorization. (Rec. 2).
The company has requested a provisional variance from 35
Ill. Adm. Code 302.210 from applying aquatic herbicide and
chlorine to its polishing pond and has also requested relief from
the total suspended solids effluent requirement of its NPDES
Permit in order to install modifications to the polishing pond
for algae control. (Rec. 1). The Agency has stated that it
construes the Petitioner’s request for relief pertaining to total
suspended solids to be a request for relief from 35 Ill. Adm.
Code 304.120 as it relates to TSS levels. (Rec. 1).
Discharge monitoring reports submitted to the Agency by the
Petitioner indicate the following effluent data for the past
year:
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Month
Flow (MGD)**
BOD (mg/l)
TSS (mg/l)
February, 1986 1.4
3
7
January, 1986
1.3
3
12
December, 1985 1.4
3
17
November, 1985 1.3
3
13
October, 1985
1.3
4
13
September, 1985* 1.3
5
16
August, 1985
1.9
5
14
July, 1985
1.8
3
8
June, 1985
2.0
4
15
May, 1985
2.0
5
9
April, 1985
2.0
4
15
March, 1985
2.1
4
9
Average
1.7
4
12
(Rec. 2).
In its June, 21, 1985 supplemental NPDES Permit application
filed with the Agency, Norchem, Inc. stated that the highest
maximum for total suspended solids from its polishing pond during
1984 was 82 mg/i and the highest monthly average for TSS from the
polishing pond in 1984 was 51 mg/l. (Rec. 2).
On July 29, 1985, the Agency reissued Petitioner’s NPDES
Permit #1L0002917. Norchern’s reissued NPDES Permit contained
stricter and more stringent daily maximum effluent limitations
for biochemical oxygen demand (BOD) and for total suspended
solids, as well as a new requirement that each waste stream be
sampled individually. (Rec. 2-3). The company’s prior NPDES
Permit had contained BOD effluent limits of 20 mg/l as a monthly
average and BOD effluent limit of 50 mg/i as a daily maximum,
while containing a TSS effluent limit of 25 mg/l as a monthly
average and 62.5 mg/i as a daily maximum. However, the new
effluent limits in the stricter reissued NPDES Permit required
the company to meet BOD effluent limits of 20 mg/l as a monthly
*
Point at which sampling location was changed in accordance
with reissued NPDES permit.
**
MGD
=
million galons per day. (Rec. 2).
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average and 40 mg/i as a daily maximum, plus effluent limits of
TSS of 25 mg/i as a daily maximum. (Rec. 2).
Because the reissued NPDES Permit also required that each
waste stream be sampled individually, the sampling point for the
Petitioner’s discharge from its wastewater treatment facilities
needed to be moved to a point upstream of the mixing of this
effluent with Norchem’s cooling water discharge for appropriate
sampling activities to take place. According to the Agency, the
required change in the location of the sampling point had a
greater impact on the company’s ability to maintain compliance
than the increase in the daily maximum effluent limits for TSS
and BOD. (Rec. 2-3).
Although Norchem, Inc. has indicated that it desires to
fully comply with the effluent limitations for TSS and BOD set
forth in its reissued N?DES Permit, it anticipates difficulty in
complying with the more stringent TSS requirement during the warm
summer months when algae are expected to be most numerous in its
polishing pond. (Rec. 3).
To reduce the amount of total suspended solids discharged
from its polishing pond, the Petitioner plans to: (1) install a
curtain across the polishing pond just south of the pond
discharge point in order to divide the pond into two separate
areas;* (2) install special baffle curtains across the northern
part of its polishing pond to prevent “short circuiting” and to
properly direct the water flow so that stagnant pond areas will
be eliminated; (3) install a chlorination system to add chlorine
to the contents of the northern portion of its polishing pond in
order to retard algae growth by maintaining a low chlorine
residual, and (4) apply an appropriate aquatic herbicide to
significantly lower the concentration of algae in the polishing
pond.
However, the Petitioner is very concerned that, due to the
unusually warm weather this spring, the algae concentration may
dramatically increase before its planned algae control measures
can be installed and become effective, thereby causing effluent
total suspended solids violations. To prevent TSS excursions
along with concomitant NPDES Permit violations, Norchem, Inc. has
requested effluent TSS limitations of 50 mg/I as a monthly
*
The intended result of this division of the polishing pond
into two distinct areas is to allow a quiescent area in the
southern portion of the pond and to reduce the water detention
time in the northern portion of the pond so that the algae will
not have a chance to proliferate in the northern portion before
the water is discharged. To allow sufficient flow between the
two areas of the pond, the curtain will have appropriately sized
apertures or “windows”. (Rec. 3).
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average and 100 mg/l as a daily maximum during the short interim
time period (i.e., 45 days) while its algae controls are in the
process of being installed. (Rec. 3).
Additionally, Norchem, Inc. has also requested provisional
variance relief from 35 Ill. Adm. Code 302.210 to allow the
application of an aquatic herbicide and chlorine to its polishing
pond contents. (Rec. 1; 3). Because there are no chlorine
residual limits either in the company’s NPDES Permit or in the
Board’s Water Pollution Regulations, and since the Petitioner
will only introduce the herbicide as an algae control mechanism,
the Agency considers relief from Section 302.210 to be
unnecessary and has recommended that the Board deny relief from
the provision. The Board agrees with the Agency’s reasoning in
reference to the Petitioner’s requested relief from Section
302.210 and will therefore follow the Agency’s recommendation in
that regard.
Norchern, Inc. has analyzed and considered various
alternative methods of compliance, but believes that its four-
part plan for reducing the amount of total suspended solids
discharged from its polishing plan is best. Concerning possible
alternatives, the Agency has stated that it “agrees with
Petitioner that the method selected is the most feasible for
Petitioner to obtain and install”. (Rec. 4). Nonetheless, the
Agency’s discussion adds the caveat that “the Agency considers
the only relief necessary during the requested variance period is
from the NPDES permit TSS effluent limit”. (Rec. 4).
Because of the unseasonably warm weather experienced this
spring which has caused algae concentrations to increase earlier
than expected, Norchem, Inc. has contended that it would
experience an arbitrary or unreasonable hardship if its requested
provisional variance relief were denied. (Rec. 4).
In its Recommendation, it is stated that “the Agency agrees
with Petitioner and feels that Petitioner should not be penalized
for circumstances beyond its control when it has anticipated the
problem and has been working toward a workable solution to have a
solution in place by the time the problem would normally be
expected to occur”. (Rec. 4).
The Agency has also indicated that there are no federal
regulations that would preclude the granting of the requested
provisional variance, and notes that “there are no immediate
downstream public water supplies which would be adversely
impacted by this variance since the nearest one is approximately
100 miles downstream in the Peoria area”. (Rec. 4).
In reference to the potential environmental impact on the
receiving stream, the Agency has indicated that it “expects any
environmental impact on the Illinois River due to increased TSS
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levels in the effluent discharged to be minimal”. (Rec. 4).
The Agency has therefore concluded that compliance with the
applicable standards would impose an arbitrary or unreasonable
hardship upon Norchem, Inc. (Rec. 1; 4). Accordingly, the Agency
has recommended that the Board grant the Petitioner a provisional
variance from 35 Ill. Adm. Code 3O4.120,subject to certain
conditions.
Pursuant to Section 35(b) of the Illinois Environmental
Protection Act, the Board will grant the provisional variance as
recommended.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORD ER
Norchem, Inc. is hereby granted a provisional variance from
35 Ill. Adm. Code 304.120 to allow the Petitioner’s wastewater
treament facilities to exceed the total suspended solids (TSS)
effluent limit set by its NPDES Permit #IL0002917 of 25
milligrams per liter (mg/l) as a monthly average and 50 mg/i as a
daily maximum, subject to the following conditions:
1. The provisional variance shall commence on May 22, 1986 and
shall continue for 45 days thereafter, or until the Petitioner
has completed the installation of its selected algae control
method, whichever occurs first.
2. The Petitioner shall sample and analyze for total suspended
solids as specified in its current NPDES Permit ~IL00O2917.
3. The Petitioner shall notify Mr. Dan Ray of the Agency’s
Compliance Assurance Section via telephone at 217-782-9720 when
installation of the selected control method is completed. This
oral communication and notification shall be supplemented by a
written confirmation that shall be submitted within 5 days to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
Springfield, Illinois 62706
Attention: Mr. Dan Ray
4. Effluent TSS, during the provisional variance period, shall
be limited to 50 mg/I as monthly average and 100 mg/l as a daily
maximum.
5. The Petitioner shall operate its wastewater treatment
facility so as to produce the best effluent practicable.
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6. Variance from 35 Ill. Adm. Code 302.210 is hereby denied as
unnecessary.
7. Within 10 days of the date of the Board’s Order, the
Petitioner shall execute a Certification of Acceptance and
Agreement which shall be sent to Mr. James Frost of the Agency at
the following address:
Mr. James Frost
Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Churchill Road
Springfield, Illinois 62706
This certification shall have the following form:
I, (We),
,
having read
the Order of the Illinois Pollution Control Board in PCB 86-72,
dated May 22, 1986, understand and accept the said Order,
realizing that such acceptance renders all terms and conditions
thereto binding and enforceable.
Pétitioner
By: Authorized Agent
Title
Date
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
-~-(~
day of
__________________,
1986 by a
vote of _______________________
Dorothy M.7Gunn, Clerk
Illinois Pollution Control Board
70-7 1