ILLINOIS POLLUTION CONTROL BOARD
    October 4,
    1979
    UNION CHEMICAL DIVISION,
    )
    UNION OIL COMPANY OF CALIFORNIA,
    )
    Petitioner,
    v.
    )
    PCB 79—156
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Dumelle):
    Petitioner has requested a variance from Rules
    203(d),
    402 as
    it pertains to dissolved oxygen,
    962(a),
    902(i)(1)
    and 404(f) of Chapter 3:
    Water Pollution.
    The Agency has
    recommended that a variance be granted.
    No hearing was
    held.
    Petitioner operates
    a polymer manufacturing plant near
    Lemont which discharges storm water and treated sanitary and
    industrial wastewater
    into the Illinois and Michigan Canal.
    Petitioner would not have needed this relief
    if it had not
    been inadvertently omitted from the list of affected dischargers
    in Village of Bloomingdale v.
    EPA,
    PCB 78—124,
    31 PCB 125,
    October 19, 1978.
    Petitioner has asked and the Board agrees
    that the record from the Bloomingdale proceeding be incorporated
    into this matter.
    Petitioner has indicated that it can meet the 10 mg/l
    BOD and 12 mg/i suspended solids effluent limitations which
    were applied to the majority of dischargers in Bloomingdale.
    Without a variance Petitioner’s only alternative
    is
    termination of its discharge or construction of additional
    treatment facilities to eliminate
    all deoxygenating wastes.
    Petitioner contends that the hardship and expense associated
    with this alternative far outweighs any environmental improvement
    which would result.
    Petitioner has not
    Shown
    any need for relief to obtain
    a permit under Subpart B of Part IX of Chapter
    3.
    Consequently
    the Agency has recommended and the Board agrees that relief
    from Rule 962(a)
    is unwarranted.
    The Board concludes that denial
    of
    a variance from the
    remaining rules would constitute arbitrary or unreasonable
    hardship.
    35—483
    —2—
    The reasoning in
    Bloomingdale
    must be employed in this
    matter to avoid inequitable results.
    Relief will also be
    granted from Rules 910(a)(4)
    and 910(b)
    so that the Agency
    may issue a NPDES permit to Petitioner.
    Rather than grant
    relief for five years
    as Petitioner has requested,
    the Board
    will limit
    this
    variance to the same term as Bioomingdaie
    for consistency.
    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 Rules
    203(d),
    402
    (as it pertains
    to dissolved oxygen),
    902(i)(1),
    910(a)(4) and 910(b)
    of Chapter
    3: Water
    Pollution, until October 19, 1983.
    2)
    Petitioner is hereby granted a variance from Rule
    404(f)
    of Chapter
    3: Water Pollution until October 19,
    1983 or until the Board takes
    final action in R77—12,
    Docket
    C, whichever occurs first.
    3)
    During the term of
    this variance the discharge of
    treated sewage from Petitioner’s facilities shall be
    limited to 10 mg/l BOD and 12 mg/i suspended solids
    as
    30 day averages.
    4)
    The Agency is hereby authorized to issue a NPDES permit
    to Petitioner in
    a manner consistent with the terms of
    this Order including terms and conditions consistent
    with best practicable treatment, operation and maintenance
    of Petitioner’s facilities.
    5)
    Within 45 days of the date of this Order,
    Petitioner
    shall execute a Certification of acceptance and agreement
    to be bound by all the terms and conditions of this
    variance.
    The Certification shall be forwarded to the
    Illinois Environmental Protection Agency, Division of
    Water Pollution Control, Variance Section, 2200 Churchill
    Road,
    Springfield,
    Illinois
    62706.
    This
    45 day period
    shall he held in abeyance if this matter is appealed.
    The form of the Certification shall read as follows:
    35—484
    —3—
    CERTIFICATION
    I
    (We),
    ____
    ______________________,
    having read
    and fully understanding the Order in 79—156 hereby accept
    that Order and agree to be bound by all of
    its terms and
    conditions.
    SIGNED
    ___________________________
    TITLE
    ____________________________
    DATE
    _____________________________
    IT
    IS SO ORDERED.
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby
    ertify the above Opinion a
    rder
    was adopted on the
    _________________
    day of
    ________________
    1979 by a vote of
    44~.i~O
    ~W~L
    Christan L. Moffett,
    k
    Illinois Pollution Cont ol Board
    35—485

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