ILLINOIS POLLUTION CONTROL BOARD
    March 29,
    1979
    CORA DOCK CORPORATION,
    Petitioner,
    v.
    )
    PCB 79—8
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    R~spondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Dr.
    Satchell)
    This matter comes before the Board upon a variance
    petition filed on January 16,
    1979 by Cora Dock Corporation.
    Petitioner requests variance from effluent standards in the
    Chapter
    3:
    Water Pollution Regulations, Rule 408(a), and asks
    that the effluent standards of Chanter 4~ Mine Related Pollu-
    tion be made applicable.
    The Environmental Protection Agency
    (Agency)
    filed
    a recommendation on February
    21,
    1979.
    Petitioner waived a hearing on this matter.
    Petitioner proposes to construct and operate a terminal
    for transferring coal from rail cars to river barges for
    delivery to electric power generating stations located on the
    lower Mississippi River and Gulf Coast.
    The facility will be
    located in Jackson County at Mississippi River mile 98.5.
    The
    property adjoining the proposed site
    is presently both developed
    and undeveloped agricultural land.
    Coal will be unloaded from
    rail cars, stored and loaded onto barges without processing.
    Anticipated start-up of the terminal is May,
    1980.
    The
    life of the facility is expected to be twenty-five years.
    At
    capacity,
    the terminal will operate 365 days per year,
    three
    shifts per day.
    A
    total of forty persons will be employed at
    the facility.
    As defined by Chapter
    3 Petitioner’s proposed facility
    constitutes
    a
    “wastewater source”.
    Coal transfer facilities are
    not encompassed by the provisions of Chapter
    4:
    Mine Related
    Pollution;
    as a result, Petitioner’s facility normally would be
    subject to the effluent limitations of Rule 408(a)
    of Chapter
    3.
    In R77-l0,
    a proposed rule change to Chapter
    4, provisions exist
    which would exempt Petitioner’s proposed coal transfer facility
    from the effluent limitations of Chapter 3.
    The facility would
    be subject to the limitations of Chapter
    4 under the proposal.
    R77-lO is currently pending before the Board.
    Petitioner alleges
    33—211

    —7—
    that to meet Chapter
    3 requirements would add construction
    costs
    of $260,040 and would increase annual operating and
    maintenance
    costs by $19,416,
    If the proposed Chapter
    4
    were applicable these additional costs would be unnecessary.
    Petitioner asserts that requiring Chapter
    3 effluent standards
    to be met during the pending regulation changes would impose
    an arbitrary and unreasonable hardship.
    The Agency does not
    dispute these statements.
    Petitioner’s
    facility also comes under federal restrictions
    and would be classified as a “new source coal mine”.
    Effluent
    limitations for Petitioner’s facility are based upon application
    of the best available demonstrated control technology.
    Section
    510 of the Federal Water Pollution Control Act
    (FWPCA)
    provides
    that a state may not enforce any effluent limitation which
    is
    less stringent than the limitation under the FWPCA.
    At this
    time Petitioner does not possess an NPDES permit for its
    proposed facility.
    The Agency recommends the grant of the variance subject to
    certain conditions.
    The Board finds that Petitioner
    would
    suffer
    an arbitrary and unreasonable hardship if required to comply with
    Rule 408(a)
    of Chapter
    3 during the pendency of the proposed
    revisions to Chapter 4.
    The quantities and qualities of effluent
    will have minimal impact on the Mississippi River.
    All rain
    falling on coal storage piles will be collected and treated prior
    to discharge.
    Water from the treatment pond will he pumped into
    the dust suppression/firewater system.
    During a year with normal
    rainfall, the expected water usage will balance the rainfall
    resulting in no 0r only minor discharges of effluent.
    In a dry
    year, no discharge
    is expected.
    Only in a wet year or a year with
    small throughputs will effluent be discharged.
    Dust suppression
    water will essentially remain in the coal and be shipped out with
    it or evaporated.
    The Board will grant Petitioner a variance
    from Rule 408(a)
    of Chapter
    3
    for
    three
    years or until final
    resolution of R77—lO, whichever shall occur first, subject
    to
    the Agency’s suggested conditions.
    This 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 Cora
    Dock
    Corporation
    is
    granted a variance for its coal transfer
    facility from Rule
    408(a)
    of
    Chapter
    3:
    Water
    Pollution
    Regu-
    lations for three years or until final resolution of R77-l0,
    whichever shall occur first,
    subject to the following conditions:
    1.
    Petitioner shall be required to meet the following
    effluent limitations:
    33—212

    —3—
    Effluent
    Characteristics
    Effluent Limitations
    Maximum
    for
    Average
    of
    Daily
    Any
    1
    Day
    Values
    for
    30
    Consecutive Days
    Shall
    Not
    Exceed:
    Milligrams
    Per
    Liter
    TSS1~
    50.0
    35.0
    Iron,
    total
    6.0
    3.0
    Manganese,
    total
    4.0
    2.0
    pH2”
    Within
    the
    range
    of
    6
    to
    9
    Acid
    (Total
    acidity
    shall
    not
    exceed total alkalinity)
    l/
    Applicable at all times except during a rainfall which is
    demonstrated
    to
    have
    caused
    violation
    of
    the
    standard;
    in
    which
    event
    150
    mg/l
    is
    applicable.
    2/
    Not subject to averaging.
    2.
    Petitioner,
    within
    forty-five
    days
    of
    the
    Board
    Order
    herein,
    shall execute and forward to the Illinois
    Environmental Protection Agency, Mine Pollution Control
    Program,
    2200 Churchill Road,
    Springfield, Illinois
    62706,
    a Certification 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 during which this matter
    is appealed.
    The form of said Certification shall be as follows:
    CERTIFICATION
    I
    (We),
    ______
    ________________,
    having read and fully
    understanding the Pollution Control Board in
    PC1B 79-8,
    hereby
    accept said Order and agree to be bound by all terms and con-
    ditions thereof.
    TITLE
    DATE
    33—2 13

    —4—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    ~
    day of
    ___________,
    1979 by a vote
    of
    ______
    .
    Christan
    L. Môffe~
    Clerk
    Illinois Pollutithr’
    ontrol Board
    33-214

    Back to top