ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    June
    10,
    1982
    BEKER
    INDUSTRIES
    RPRA,
    )
    Petitioner,
    v.
    PCB
    80—224
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    )
    AGENCY,
    )
    Respondent.
    DISSENTING OPINION
    (by D. Anderson):
    On September 20, 1979, the Board entered an Order in
    PCB 79-6 granting Beker Industries Corporation
    (Beker)
    a
    variance subject to conditions which included a program for
    neutralization of its cooling pond within 120 days.
    Rather
    than comply with these conditions, Beker filed this petition
    for a variance from them some
    14 months after the Order was
    entered.
    Beker failed to file a motion for reconsideration
    objecting to any provisions of the September 20 Order.
    According to analyses attached to the Agency Recommenda-
    tion of May 21, 1981, water in the cooling pond has
    a pH as
    low as
    2.7.
    The water contains fluoride and heavy metals,
    as well as many other pollutants.
    Beker has incomplete information on the design of the
    lagoon.
    Agency data indicates that soils in the area are
    permeable
    with
    high
    water
    tables
    and are not suitable for
    this
    type of lagoon
    (Amended Recommendation of February 8,
    1982).
    It is quite possible that the lagoon contents are
    percolating into the ground water.
    Accordingly the Board,
    in its April 29, 1982 Order, required Beker to install moni-
    toring wells prior to starting its new heated discharge to
    the pond.
    Beker has now come before the Board to request modifica-
    tion of the monitoring condition, informing the Board for the
    first time that it had started its new discharge
    in. February,
    1980.
    This fact was not revealed in the December 9,
    1980
    petition
    or
    in
    any subsequent
    pleadings.
    The
    Board was thus
    not given a full description of the process
    as required by
    Procedural Rule 401(a) (3).
    ~
    Donald B. ~Anderson,Board Member
    47-237
    —2—
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, do hereby cer~ifythat the above Dissenting
    Opinion
    was
    filed
    on
    the
    7
    day of
    ~
    ,
    1982.
    Christan
    L.
    MofféW
    Clerk
    Illinois Pollution Control Board
    47-238

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