ILLINOIS POLLUTION CONTROL BOARD
    November 29,
    1979
    CATERPILLAR TRACTOR COMPANY,
    )
    Petitioner,
    V.
    )
    PCB 79—99
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Petitioner requested a variance from Rule 404(a) of
    Chapter
    3: Water Pollution as
    it pertains to suspended
    solids and Rule 408(a)
    as
    it pertains to
    oils,
    fats and
    greases until May
    1,
    1980.
    The Agency recommended that a
    variance be granted.
    A stipulation was filed.
    Petitioner manufactures engines and hydraulic hoses at
    a plant in Mossville in Peoria County.
    Wastewater is passed
    through separators which remove free floating oil and suspended
    solids then through equalization tanks to balance variations
    in loadings and flows. Next the wastewater is acidified and
    sulfur dioxide
    is added to reduce hexavalent chromium to the
    trivalent state
    for precipitation.
    After lime addition,
    gravity settling occurs in two clarifiers.
    Effluent from
    these clarifiers is treated with polymer and alum,
    subjected
    to dissolved air flotation,
    combined with treated sanitary
    wastewater
    in another equalization tank, passed through dual
    media filters,
    and
    finally discharged to the Illinois River.
    Petitioner
    is presently constructing additions to this
    system to enhance treatment efficiency and hydraulic capacity.
    The additions include flow reorientation, expansions and
    improvements to existing facilities,
    relocation of certain
    units, and added storage capacity for treatment chemicals.
    Petitioner expects these improvements will provide for
    consistent compliance with the suspended solids
    (25 mg/l)
    ,
    and oils,
    fats and greases
    (15 mg/l) effluent standards.
    Petitioner has requested interim effluent limitations
    during the variance as
    follows:
    Daily Maximum
    Monthly Average
    Oils,
    Fats and Greases
    40 mg/i
    30
    rng/l
    Suspended Solids
    150 mg/l
    30 mg/l
    36—171
    —2—
    Petitioner feels that these limitations are necessary
    to provide for excursions which are expected during construction
    of the above noted improvements.
    The
    record does not discuss
    conditions at the edge of the mixing
    zone in the Illinois
    River but it would appear that environmental harm will be
    minimal.
    By executing the stipulation, the Agency has agreed
    with Petitioner’s allegations and requested interim effluent
    limitations.
    The Board concludes that denial of a variance would
    constitute arbitrary and unreasonable hardship.
    Petitioner
    has already made significant progress in wastewater treatment.
    The planned improvements appear to be appropriate steps to
    eliminate incidents of non—compliance.
    The proposed interim
    effluent limitations also appear to be reasonable.
    The stipulation
    is accepted as a statement of the facts
    which would have been established at a hearing.
    Insofar as
    the stipulation attempts to limit the Board’s authority to
    decide this matter or set conditions,
    it is totally without
    effect.
    No one can lay
    a variance decision before the Board
    on a “take it or leave it” basis.
    The Board’s decision in
    this matter is based on the Board’s own review of the record.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    1.
    Petitioner is hereby granted a variance from Rule
    404(a) of Chapter
    3: Water Pollution as it pertains to
    suspended solids and Rule 408(a) of Chapter
    3: Water
    Pollution as it pertains to oils,
    fats and greases
    until May 1,
    1980 subject to the following conditions:
    a)
    During the term of this variance Petitioner’s
    effluent shall not exceed the following limitations:
    Daily Maximum
    Monthly Average
    Oils,
    Fats and Greases
    40 mg/i
    30 mg/i
    Suspended Solids
    150 mg/i
    30 mg/i
    b)
    Within 45 days of the date of this Order Petitioner
    shall
    execute a certification of acceptance and
    agreement to be bound to the terms and conditions
    of this variance.
    This 45 day period shall be
    held in abeyance
    if this matter is appealed.
    The
    36—172
    —3—
    certification shall he forwarded to the Illinois
    Environmental Protection Agency,
    Variance Section,
    2200 Churchill Road, Springfield, Illinois 62706
    and shall read as follows:
    CERTIFICATION
    I
    (We),
    ____
    ___
    ______
    ____
    having read and fully understanding the Order
    in PCB 79—99
    hereby accept that Order and agree to be bound by all of its
    terms and conditions.
    SIGNED
    TITLE
    DATE
    2.
    The Agency
    is hereby authorized to modify NPDES
    Permit
    No.
    IL 001414 in a manner consistent with this Order.
    IT
    IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board
    hereby cer1tify the above Opinio
    and Order
    were adopted on the
    ~
    day of
    1)
    l979byavoteof
    ~./..p
    ____
    Illinois Pollution
    36—
    173

    Back to top