ILLINOIS POLLUTION CONTROL BOARD
June
7,
1979
ENV!RUNMtNTAL
PROTECTION
AGENCY,
Complainant,
PCB 78—219
MARATHON
OIL COMPANY,
an Ohio
Corporation,
Rosiondent.
Mr.
John Van Vranken, Assistant Attorney General, appeared for
the Complainant;
Mr. Delvin
C. Menge, Marathon Oil Company, appeared for the
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
This matter comes before the Board on a Complaint filed
by the Environmental Protection Agency on August 14,
1978,
alleging that the Marathon Oil Company failed to comply with
numerous daily average and maximum discharge requirements
of
its NPDES permit from November,
1977,
through June
30,
1978,
in violation of Section 12(f)
of the Environmental Protection
Act and Rules
401(a)
and 901 of Chapter
3:
Water Pollution
Regulations.
Specifically, the six-count Complaint charged
that
Respondent exceeded its NPDES permit discharge limitations
at its Outfall
001 as follows:
Period of
Alleged
Constituent
Alleged Violation
Permit Violation
HOD5
Nov.
1,
1977
-
June
31,
1978
Daily Average
(sic)
Discharge
HOD5
Nov.
1,
1977
-
May 31, 1978
Daily Maximum
Discharge
Total Suspended
Nov.
1,
1977
—
June
30,
1978
Daily Average
Solids
Discharge
Total Suspended
Nov.
1,
1977
-
June
30, 1978
Daily Maximum
Solids
Discharge
Chemical Oxygen
Jan.
1,
1978
-
Feb.
28, 1978
Daily Maximum
Demand
Discharge
34—3
—2—
Period of
Alleged
Constituent
Alleged Violation
Permit Violation
Oil and Grease
May 1, 1978
-
May 31,
1978
Daily Average
Discharge
Hexavalent
Nov.
1,
1977
-
May 31,
1978
Daily Average
Chromium
Discharge
Hexavalent
Nov.
1,
1977
-
May 31,
1978
Daily Maximum
Chromium
Discharge
Zinc
Dec.
1,
1977
—
March 31, 1978
Daily Maximum
Discharge
Hearing was held on April
26, 1979.
At that time,
a
Settlement Agreement,
Compliance Plan and Stipulation to Dismiss
executed by the parties was submitted
for Board approval
pursuant to Procedural Rule
331.
Attached to the settlement
agreement were exhibits detailing the compliance plan and
interim effluent limitations which were submitted by Marathon
Oil in variance proceeding PCB 78-176 and approved by the Board
on February 15,
1979.
(Exhibits
Ia,
Ib,
II and lIa).
Marathon Oil owns and operates a petroleum refinery for
processing crude oil near the City of Robinson in Crawford
County,jllinOiS.
The petroleum refinery
is authorized to
discharge an average daily flow of
2.5 MGD to an unnamed,
intermittent tributary of Sugar Creek, approximately nine
miles upstream from the Wabash River.
(5.
2)
On April
23, 1976, Marathon Oil was issued NPDES Permit
IL0004073 by the USEPA.
The Respondent claimed that due
to
the varying properties of crude oil, climatic conditions and
refinery upsets and turnarounds,
the refinery~swastewater
treatment plant camnot consistently meet its permitted
limitations.
Respondent admitted that its treatment facility
has not controlled
ti-c constituents of BOD5,
total suspended
solids,
chemical oxygen demand, oils
and greases, hexavalent
chromium and zinc
to consistently meet the applicable require-
ments of its NPDES permit.
(S.
4,
5).
The parties
to this settlement have agreed that the
compliance program and the interim effluent limitations
approved by the Board
in PCB 78-176, on February 15,
1979,
are an adequate remedy to violations alleged in this enforce-
ment action.
According to the Board~sOpinion and Order in
PCB 78-176, Marathon Oil was granted relief from the ammonia
nitrogen water quality standards of Rules
203(f)
and 402
and effluent limitations for BOD5 and total suspended solids
in Rule 404(f) of Chapter
3, provided that Respondent remove
these constituents
to specific levels listed in the Board Order.
34—4
—3—
The variance requires that Respondent’s discharge must not
cause the water in the unnamed tributary to exceed an
ammonia nitrogen standard of
2.5 mg/l from April through
October or 6.0 mg/l from November through March.
Marathon
Oil must also not exceed BODE levels of 17 mg/l as a 30-day
average and
20 mg/l as a daily maximum.
Furthermore,
total
suspended solids must not exceed 18 mg/l
as
a 30—day
average and
25 mg/l as a daily maximum.
The Board has
granted this variance until September
30, 1980,
the
expiration date of Respondent’s NPDES permit.
Marathon Oil has also agreed to implement programs
including short and long term measures to identify sources
of contaminants and improve treatment quality in its
compliance plan.
(See Exhibit #lb)
As part of the settlement, Marathon has stipulated
to
a penalty
of $7,000.00 for all violations alleged
in the
Complaint and such others which have occurred to and in-
cluding the filing of the settlement agreement.
The parties
agree that the penalty reflects the nature and extent of
the violations found herein,
Respondent’s prior efforts and
achievements
to control
its discharge,
the impact on the
public and the benefits realized as
a result of the compliance
plan.
(S.
5).
The Board will accept
the Settlement Agreement, Compliance
Plan and Stipulation
to Dismiss and the exhibits entered into
the record on April
26,
1979.
Marathon Oil Company
is hereby
found in violation of Section 12(f)
of the Act and Rules
401(a)
and 901 of Chapter
3 for failing to comply with numerous daily
average and maximum discharge requirements of its NPDES permit.
The Board has considered the application of the require-
ments of Section
33(c)
of the Act to the facts and circumstances
contained in this matter and finds that the settlement
to be
acceptable under Procedural Rule
331.
The Board also finds
that $7,000.00 is a sufficient penalty for the violations
found herein and will assess that amount as necessary to the
enforcement of the Act.
This Opinion constitutes the Board’s findings of fact
and conclusions
of law in this matter.
ORDER
1.
Respondent, Marathon Oil Company,
is found
to have
violated Section
12(f)
of the Environmental Protection Act
and Rules
401(a)
and 901 of Chapter
3:
Water Pollution
Regulations for failing on numerous occasions
to comply
with the daily average and maximum discharge requirements
of its NPDES permit.
3/4-5
—4—
2.
Respondent, Marathon Oil Company, shall adhere to
all provisions
of the Settlement Agreement and the exhibits
which are hereby incorporated by reference as
if fully set
forth herein,
3.
Respondent, Marathon Oil Company,
shall pay a penalty
of $7,000.00 withi:i 35 days of this Order.
Payment shall be
by certified check or money order payable to:
State of Illinois
Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
IT IS SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order
were adopted on the
~‘7’~.
day
of
~
,
1979,
by a vote of
~
L
Christan L. Moffett, Clerk
Illinois Pollution Control Board
34-6