ILLINOIS POLLUTION CONTROL BOARD
    October
    18,
    1979
    IN THE MATTER OF:
    )
    PROPOSED AMENDMENT TO RULE
    )
    R78-13
    203.1 OF THE WATER POLLUTION
    )
    CONTROL REGULATIONS
    )
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Board upon a petition to amend
    regulations
    filed October 20, 1978 by Petitioner Borden Chemical
    Company,
    a division of Borden, Incorporated (Borden).
    The
    petition sought to amend Rule 203.1 of Chapter
    3:
    Water Pollution
    to provide a site specific exemption to those parts of Rule 203(f)
    which set water quality standards of 500 mg/i for chloride and
    1000 mg/l for total dissolved solids
    (TDS).
    The proposal would
    allow Borden’s discharge from its plant in Illiopolis, Sangamon
    County,
    to cause chloride and TDS water quality violations
    in an
    unnamed ditch tributary to Long Point Slough and the Sangamon
    River.
    In a related proceeding the Board granted Borden a three
    year variance to allow operation of the plant and sampling of the
    ditch and effluent during the pendency of this matter (Borden
    v.
    EPA’), 34 PCB 71, Order entered June 22,
    1979.
    On August 23, 1979
    the Board entered an Order giving Petitioner thirty-five days to
    either agree to a hearing date or file
    a motion setting forth a
    sufficient reason for delaying this proceeding.
    On September 27,
    1979 Borden filed a motion to extend time for hearing.
    On
    October 10,
    1979 the Environmental Protection Agency
    (Agency)
    filed a response and motion to dismiss.
    Borden’s discharge consists in part of a brine which is pro-
    duced from scrubbing waste gasses from a vinyl chloride emission
    control incinerator.
    This system became operational on October
    21,
    1978.
    Samples were taken during the winter, but the plant
    was not in full production, the weather interfered with sampling
    and melting snow caused dilution.
    From Nay
    1 through June 18,
    1979 the plant was on strike and during a period in July the
    incinerator was out of service.
    In late July the plant achieved
    normal operating levels.
    Not until August,
    1979 did Borden employ
    an independent consultant to conduct field studies.
    For these
    reasons Borden has requested a six month delay in scheduling the
    merit hearings.
    35—557
    —2—
    In the petition Borden requests exemption from the chloride
    and TDS water quality standards.
    Borden must present evidence
    of the environmental impact of its discharge to justify exemption
    or to propose new standards for the ditch.
    At the very least
    Petitioner must sample during the fish reproduction stage and
    during low flow, high temperature conditions of late summer in
    order to establish the environmental impact.
    In addition,
    Petitioner must establish a suitable control, either by sampling
    the
    receiving stream prior to impact of the discharge, or by
    sampling similar, non-impacted systems.
    Sampling should include
    not only fish but also aquatic and riparian vegetation and phyto—
    plankton, zooplankton and macroinvertabrates, paying special
    attention to salt sensitive and tolerant species.
    Considering
    the necessary data,
    it is unlikely that Borden will be ready to
    proceed by April,
    1980.
    Procedural Rule 205(a)
    provides that:
    “The Hearing Officer,
    after appropriate consultation with the proponent, shall set a
    time and place for a hearing, which shall be within
    a reasonable
    time after the date the proposal was received by the clerk.”
    Borden did not have data to present when the petition was filed
    and it was therefore not ready for a hearing within a reasonable
    time.
    Since it will be at least six months before Borden is
    ready for a merit hearing, this proceeding is dismissed without
    prejudice.
    A literal reading of the Board’s Order of June 22,
    1979 indicates that the variance should expire upon this dismissal.
    However, in its motion the Agency argued that Borden would not be
    prejudiced by the dismissal because of the variance.
    The Board
    concurs in this interpretation and Borden should consider the
    variance
    as continuing in spite of this dismissal.
    In the event
    Borden files another regulatory proposal, the variance will
    expire upon final resolution of that proceeding.
    This matter, designated R78—13,
    is dismissed without prejudice.
    IT IS SO
    ORDERED.
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution çpntrol
    Board, hereby certify the above Order was adopted on the
    /(7~
    day
    of
    ~
    1979 by a vote of
    i/-p
    Christan
    L. Moff
    lerk
    Illinois Pollutio
    trol Board
    35—558

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