ILLINOIS POLLUTION CONTROL BOARD

November 21, 1985

At4EROCK CORPORATION,

Petitioner,

v~

)

PCB 84—62

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY,

ORDER OF

THE BOARD

Respondent

(by J0 Marlin):

0

On October 28, 1985, Amerock moved for clarification of the

Board~sSeptember 20, 1985 Opinion and Order which granted

Amerock a variance from the hexavalent chromium,

total chromium,

copper cyanide, zinc and total suspended solids effluent

standards of 35 I11~Adm, Code 304~l24 until September

1, 1986.

On page 4 of

its September 20, 1985 Opinion, the Board

agreed that to deny a one—year variance for study would impose

hardship because control technology was not feasible until the

contaminant sources were found0 Unfortunately, Amerock’s request

for relief

was ambiguous, leaving the Board to guess how much

time would be needed for implementation of engineering

recommendations~ The Board wished to grant a term of variance

which included a compliance deadline for implementing any

engineering recommendations0 Therefore, the Board granted

variance for 15 months0 Regarding another point raised by

Amerock, the Board notes that the studies to identify the source

of contaminants do not necessarily depend on the results of the

biological monitoring studies0 In other words, the studies

shouldBasedbe conductedon

the affidavitconcurrentlysubmitted0

by Amerock, the Board will

grant the motion and allow additional time for the implementation

of any engineering recommendations0 In the event that Amerock

requires more time to come into compliance, it may file for a

variance extension0 The September 20, 1985 Order is incorporated

in

toto herein and is modified as follows: the term of variance

begins

June 1, 1985 and expires on September 1, 1987

or when

complianceRegardingis attained,the

studieswhicheverand samplingsis

soonerin0

paragraphs

2—7 of the

Board~sSeptember 20, 1985 Order, the results

thereof shall be

submitted in writing to the Agency by September 1, 1986 except

for the results of sampling required to be attached to the

monthly discharge monitoring reports as specified in paragraphs 4

and

5~

66~411

---

2

The results of the biological examination of Kent Creek

bottom ordered in paragraph 6 shall be submitted every six months

during the variance period to the Agency’s Compliance Assurance

Section, Water Pollution Control Division, 2200 Churchill Road,

Springfield, Illinois 62706.

Within forty—five days of the date of this Order, Petitioner

shall execute and forward to the Illinois Environmental

Protection Agency, Compliance Assurance Unit, Water Pollution

Control Division, 2200 Churchill Road, Springfield, IL 62706, a

Certificate of Acceptance and Agreement to be bound to all terms

and conditions of this variance. This forty—five day period

shall be held in abeyance for any

period

during which this matter

is being appealed. The form of this certificate shall be as

follows:

I, (We)

having read the September 20, 1985 Order of the Illinois

Pollution Control Board as modified by the November 21, 1985

Order in PCB 84—62, understand and accept the said Orders,

realizing that such acceptance renders all terms and conditions

Title

Board Member 7. D. Dumelle concurred.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that th above Order was adopted on

the

___________

day of

,

of

Dorothy M.fGunn,

77,.

Clerk

AL1