ILLINOIS POLLUTION CONTROL
BOARD
November 29,
1979
TRAVENOL LABORATORIES, INC.,
Petitioner,
V.
)
PCB
79—47
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Dr.
Satchell):
This
matter comes before the Board upon a petition for
variance filed by Travenol Laboratories,
Inc.
on March 8,
1979.
An amended variance petition was filed on July 27,
1979.
The
Environmental Protection Agency
(Agency)
filed a recommendation
on April 19,
1979.
Amended recoituttendations were filed on August
30,
1979 and September 6,
1979.
Petitioner is seeking a variance
from the .0005 mg/l
standard for mercury discharges into a sewer
system of Rule 702(a)
of Chapter
3:
Water Pollution for a period
of one year.
Petitioner waived its right
to a hearing.
Two
public objections were received but withdrawn after confusion
about the identity of the facility was clarified.
Petitioner,
a supplier of pharmaceuticals and medical devices,
operates
a pharmaceutical research and development facility lo-
cated at 6301 Lincoln Avenue in Morton Grove, Cook County, Illinois.
Petitioner has conducted operations at this location since 1947.
The facility employs
743
persons, has an annual payroll of over
$11,700,000 and,
for 1977 paid over $315,000 in local property
taxes.
Petitioner uses mercury compounds and instruments containing
elemental mercury on
a regular basis in various laboratories
at
the Morton Grove facility in carrying out routine experimental and
test procedures.
The wastewaters generated by Petitioner are dis-
charged to four separate sewers,
1A,
2A,
3A, and 4A, all of which
are connected to Metropolitan Sanitary District
(MSD)
sewers.
These sewers flow into the MSD Northside Treatment Plant which
discharges to the North Shore Channel,
a tributary of the Chicago
River.
Discharges from sewers 2A and 3A, which service laboratory
areas, have been cited by the MSD for violation of the mercury
limitation established in Rule 702(a).
In addition, Petitioner’s
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—2—
own sampling indicates that it intermittently exceeds the same
mercury limitation in sewer 1A and 4A.
The MSD’s North Side
Treatment Plant is not in violation.
Petitioner states that during the last twenty-two months
continuous efforts have been made to reduce mercury concentration
levels
in its discharges into sewers
1A, 2A,
3A and 4A.
These
efforts include:
replacement of mercury—containing compounds
with alternatives where possible; elimination of mercury and
mercury-containing compounds in the sanitary system by institution
of a disposal system whereby these substances are collected in
special containers, sealed in drums and disposed of in
a licensed
landfill; cleaning of 176 laboratory sink traps; replacement of
282 sink traps and employee training sessions for the handling of
mercury-containing compounds.
Petitioner believes that its mercury concentrations are the
result of accumulation from past years
as mercury has been plated
onto or absorbed in the plumbing and is slowly released into the
effluent.
Petitioner’s preliminary study indicates that there is no
feasible technology for controlling the minute concentrations of
mercury in the effluent at its Morton Grove facility and that re-
piping would cost over half a million dollars, not including
business interruption.
Petitioner believes this cost is unreason-
able in view of the minute concentration and total quantity of
mercury in the discharge.
Currently before the Pollution Control Board is R76-2l,
an
amendment to the Water Pollution Control Regulations which would,
if
adopted,
change the
mercury
standard to .003 mg/i.
The Agency
points out that at the present time there is no federally defined
BPT standard for PetitionerEs discharges.
Petitioner requests
a one year variance.
During that period
Petitioner will continue monitoring discharges and continue em-
ployee training and other programs to minimize spillage and
encourage proper handling.
In addition Petitioner proposes to
keep abreast of current research, to consult an outside expert
and to report to the Agency within ten months the results of the
consultation and research.
The Agency recommends the grant of the variance.
The Agency
states that it appears
any
harmful effects to the environment
caused by the granting of the variance would be minimal and that
there is no feasible technology available to Petitioner to reduce
the mercury concentrations in its discharge.
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—3—
The Board agrees with the Agency and finds that it would
cause Petitioner arbitrary and unreasonable hardship if denied
this variance.
The variance will be granted for one year sub-
ject to the Agency’s conditions.
Tnis Opinion constitutes the Board’s
findings of fact and
conclusions of law in this matter.
ORDER
it
is the Order of the Pollution Control Board that Travenol
Laboratories, Inc.
is granted a variance from Rule 702(a)
of
Chapter
3:
Water Pollution for a period of one year subject to
the following conditions:
1.
Petitioner’s discharge of mercury from sewers
1A,
3A
and 4A shall not exceed an annual average concentration
of 0.003 mg/i from each sewer.
The discharge from
sewer 2A shall not exceed an annual average mass loading
of 2.35 grams per day.
2.
Petitioner shall monitor discharges from sewers
lA,
3A
and 4A on a monthly basis and shall monitor discharges
from sewer 2A on
a twice monthly basis.
3.
Petitioner shall enforce standard operating procedures
designed to prevent spillage and/or disposal of mercury
and mercury—containing compounds into the sanitary
system.
4.
Petitioner shall continue employee training programs for
the proper handling and disposal of mercury and mercury-
containing compounds.
5.
Petitioner shall keep abreast of released research and
development in the area of mercury control and evaluate
their suitability for its Morton Grove facility.
6.
Petitioner shall consult with an outside expert in the
field of mercury control for the purpose of soliciting
ideas for improvements to Petitioner’s programs of
mercury control.
7.
Petitioner shall report to the Agency within ten months
of the date of this Order information developed in sub-
paragraphs
5 and
6.
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8.
Within forty-five days of the date of this Order,
Petitioner shall execute and forward to the Illinois
Environmental Protection Agency, Variance Section,
2200 Churchill Road, Springfield, Illinois 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 this matter is being appealed.
The form
of the certificate shall be as follows:
CERTIFICATION
I,
(We), ________________________________, having
read and fully understanding the Order in PCB 79-47,
hereby accept that Order and agree to be bound by all
of its terms and conditions.
SIGNED
________________________
TITLE
_________________________
DATE
___________________________
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereb~~
certify the above Opi ion and Order were
adopted on the
~
~
day of
,P)~J4~*..3.4t~
,
1979 by
a
vote of
~
Christan L. Moff&~1 Clerk
Illinois Pollutioh’ ontrol Board
36—166