ILLINOIS POLLUTION CONTROL BOARD
July 1,
1982
TEXACO, INC.,
Petitioner,
v.
)
PCB 82—45
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J,D. Dumelle):
This matter comes before the Board upon an April
20,
1982
petition for variance filed by Texaco,
Inc. requesting variance
from Rules 203(d) and 402 of Chapter
3:
Water Pollution as they
relate to dissolved oxygen discharges from Texaco’s petroleum
sales terminal facility located on New Avenue in Lockport.
On
June
18, 1982 the Illinois Environmental Protection Agency (Agency)
filed a recommendation that the variance be granted,
subject to
certain conditions.
Hearing was properly waived, and none was
held.
Texaco owns and operates
a petroleum sales terminal
facility
which is located east of its refinery.
Currently, domestic waste-
water from the facility is treated at its refinery’s wastewater
treatment plant
(WWTP)
and discharged under NPDES Permit No.
1L002305.
However, Texaco has now closed the refinery and
is
phasing out operation of the
WWTP.
Consequently,
a new WWTP is
needed to treat the 1,225 gpd wastewater flow which is generated
from the sales terminal.
Texaco proposes to install
a Cavitte system which will pro-
vide aeration,
settling, filtration and chlorination.
Texaco
alleges, and the Agency does not disagree, that the Cavitte
system will be capable of treating the sales terminal’s waste—
load in such a manner that all applicable effluent standards will
be met.
Discharge is proposed to be into Little Run Creek which
is tributary to Big Run Creek which flows into the Illinois and
Michigan Canal.
Pursuant to Section 208 of the Federal Water Pollution Control
Act, NIPC (Northeastern Illinois Planning Commission) developed
an areawide waste treatment management plan for the north-
eastern portion of Illinois, including Cook, DuPage, Kane,
McHenry,
Will and Lake Counties.
The study upon which this plan is based
indicates that the dissolved oxygen water quality standard of
47-323
—2—
Rule 203(d)
is being violated at numerous points throughout the
northeastern Illinois area.
Thus, any direct discharges containing
deoxygenating wastes are in probable violation of Rule 402 through
the discharge of effluents which cause or contribute to water
quality violations.
On October 19, 1978 the Board granted a five-year variance
to 280 individual dischargers within the six-county NIPC area
from the dissolved oxygen standards of Rules
203(d) and 402 in
order to allow the continued operation of wastewater treatment
facilities within that area (Bloomingdale v.
IEPA, PCB 78—174,
31 PCB 675).
Since that time the Board has granted additional
variances to those facilities which were either unintentionally
excluded from the Bloomingdale proceeding or which are new
facilities which would have been included in that proceeding
had they been in existence at the time.
Texaco alleges, and it is not ~ebutted, that there are no
other treatment facilities which are economically accessible to
the sales terminal and that, due to the shallowness of the bed-
rock in the area,
it is unable to utilize a septic field system.
Further,
due
to
the
very
small
quantity
of
the
discharge
and
the
good
quality
of
the
proposed
effluent,
any
adverse
environmental
impact
should
be
minimal.
While Texaco probably could have
obtained
and
presented
some
data
regarding
the
dissolved
oxygen
concentrations in the stream reaches which may be impacted by
its discharge and, thereby, presented a less speculative assess-
ment of the environmental impact,
based upon the evidence pre-
sented,
the Board finds that granting of the requested variance
will result
in minimal
adverse environmental impact and that
denial of the variance would result in an arbitrary and unrea-
sonable hardship.
Texaco has not requested variance for any specific length
of time.
Therefore,
the Board will follow the Agency’s recom-
mendation that variance be granted until October 19,
1983, the
termination date of the Bloomingdale variance.
The Board recog-
nizes that this is a fairly short variance period.
However,
the Board finds that the administrative convenience in keeping all
Bloomingdale—type variances on the same time schedule outweighs
any expense that Texaco may incur in petitioning for a variance
extension and that any such expense may well be lessened by its
being considered along with other such petitioners.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Texaco,
Inc.
is hereby granted a variance from Rules 203(d)
and 402 of Chapter
3 as they relate to dissolved oxygen until
October 19,
1983 subject to the following conditions:
47-324
—3—
1.
Texaco shall seek amendment of the 208 Water Quality
Management Plan.
2.
Texaco
shall cooperate in the implementation of the
208 Water Quality Management Plan;
3.
Texaco shall obtain the necessary construction and
operating permits from the Agency;
4.
Texaco shall operate the proposed WWTP under the best
practicable operation and maintenance practices.
5.
Within 45 days of the date of this Order Texaco shall
execute and forward to the Board and to the Illinois
Environmental Protection Agency, Compliance Assurance
Unit, Water Pollution Control Division,
2200 Churchill
Road, Springfield,
Illinois 62706,
a Certification of
Acceptance and Agreement to be bound to all terms and
conditions set forth in the Order.
The 45 day period
shall
he held in abeyance during any period in which
this matter is being appealed.
The form shall be shown
as follows:
CERTIFICATION
I
(we),
,
hereby accepts and agrees
to be bound by all terms and conditions of the order of the Pol-
lution Control Board in PCB #82-45, dated
-.
Petitioner
By
Title
Date
authorized
IT IS SO ORDERED.
I,
Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Order
was adopted on the
,/~t
day of
__________________,
1982
by a vote of
____________.
Christan L.
Moffett,
C~(frtk
Illinois Pollution Control Board
47-325