ILLINOIS POLLUTION CONTROL BOARD
October 7, 1999
ENVIROFIL OF ILLINOIS, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
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PCB 00-64
(Provisional Variance - Water)
ORDER OF THE BOARD (by C.A. Manning):
On
October 5
, 1999, the Illinois Environmental Protection Agency (Agency) filed a request for a
provisional variance and notification of recommendation. The Agency recommends that the Board grant a 45-day
provisional variance. The provisional variance would allow this McDonough County petitioner to discharge
groundwater associated with a landfill into a unnamed tributary of the LaMoine River, pending approval of
petitioner’s National Pollutant Discharge Elimination System Permit for the landfill’s corrective action system, at
petitioner’s facility located near Macomb, Illinois. In making its recommendation, the Agency states that failure to
grant the requested provisional variance for
45
days will result in an arbitrary or unreasonable hardship on the
petitioner.
The Board grants the petitioner a provisional variance extension from the effluent discharge limits set
forth in 35 Ill. Adm. Code 304.141(b). The Board is required, in a provisional variance, to adopt a formal order,
assure formal maintenance of the record, assure the enforceability of the variance, and provide notification of the
action by press release. Pursuant to Section 35(b) of the Environmental Protection Act (Act) (415 ILCS 5/35(b)
(1998)), the Board must issue the provisional variance within two days of the filing.
The provisional variance is granted, subject to the following conditions:
1.
The variance shall begin during 1999, on a date when groundwater from the groundwater
corrective action system begins to be discharged from Stage #1 biofilter, and continue for 45
days.
2.
Doing the provisional variance period, petitioner shall operate its treatment collection system in
such a manner so as to produce the best effluent practicable. Petitioner shall meet the following
limits from the discharge of Stage #1 biofilter, prior to discharge into biofilter #2:
Effluent Limitations and Monitoring
Concentration Limits mg/l
30 day
Daily
Sample
Sample
Average
Maximum
Frequency
Type
Measure when monitoring
BOD
5
10
20
3/week
grab
Total Suspended Solids
12
24
3/week
grab
2
Barium
2.0
4.0
1/week
grab
Iron (dissolved)
1.0
1/week
grab
Manganese
1.0
1/week
grab
Chromium
0.347
2.0
1/week
grab
Chloroethane
1
13
1/week
grab
1,1 Dichloroethylane
2
20
1/week
grab
1,2 Dichloroethylene
1.1
14
1/week
grab
Trichloroethylene
0.94
12
1/week
grab
Vinyl Chloride
4
40
1/week
grab
Methylene Chloride
1.4
17
1/week
grab
Ammonia (as N):
April-October
1.5
8.3
1/week
grab
November-March
2.8
9.8
1/week
grab
In addition to the above limits, pH shall be sampled 1/week and shall be in the range of 6.0 to
9.0. The volatile organic compounds (VOCs) identified above shall be sampled prior to the
discharge. If VOCs are detected in the groundwater above the limits identified above, the
petitioner shall not discharge as agreed to by the petitioner in its provisional variance request
letter.
3.
Petitioner shall notify Lyle Ray of the Agency’s Peoria Regional Office by telephone at 309/693-
5463 when the groundwater is discharged from Stage #1 biofilter and when the discharge is
completed. Written confirmation of each notice shall be sent within five days to the following
address:
Illinois Environmental Protection Agency
Bureau of Water, Compliance Assurance Section
Attention: Mark T. Books
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Petitioner shall sign a certificate of acceptance of this provisional variance and forward that
certificate to Mark T. Books at the address indicated above within ten days of the date of this
order. The certification should take the following form:
CERTIFICATION
I (We), _________________________________, hereby accept and agree to be
bound by all terms and conditions of the order of the Pollution Control Board in PCB
00-64 dated October 7, 1999.
______________________________________
Petitioner
3
______________________________________
Authorized Agent
______________________________________
Title
______________________________________
Date
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the appeal of final
Board orders to the Illinois Appellate Court within 35 days of service of this order. Illinois Supreme Court Rule
335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for
Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
adopted on the 7th day of October 1999 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board