ILLINOIS POLLUTION CONTROL BOARD
    November
    2,
    1978
    NORGE COMPANY, a division of
    Fedders Corporation,
    Petitioner,
    V.
    )
    PCB 78—196
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER
    OF
    THE BOARD
    (by Mr. Dumelie):
    Petitioner has requested
    a variance from the requirements
    of Rule 404(f)
    of Chapter
    3: Water Pollution of the Board’s Rules
    and Regulations.
    The Agency recommended that a variance be
    qranted for six months.
    No hearing was held.
    Petitioner manufactures washers and dryers
    in Herrin,
    Illinois.
    As
    a part of its operations, Petitioner discharges
    approximately 0.44 million gallons of wastewater per
    day
    to
    an
    unnamed stream which
    flows
    3 miles into Pond Creek which
    joins
    the Big Muddy River.
    Petitioner’s NPDES permit requires that
    BUD and suspended solids be limited to
    4 mg/i and 5 mg/i
    respec-
    tively
    (4/5).
    The record does not indicate whether an exemption
    was sought pursuant to Rule 404(f)(ii).
    Petitioner has engaged
    in a program of flow reduction and improvement in effluent quality
    which has shown significant progress.
    Petitioner has diverted
    much of
    its process wastewater to the Herrin sewer system.
    The
    most recent available monthly average data on Petitioner’s dis-
    charge shows the following levels for June,
    1978.
    Outfails
    001
    002
    003
    & 004
    BUD (mg/i)
    4.9
    3.5
    17.7
    Suspended Solids
    (mg/i)
    5.9
    6.7
    10.7
    Presently Petitioner is conducting a six part program
    of improvements consisting of characterization of wastewaters,
    engineering studies,
    isolation of waste streams, review of pro-
    duction processes,
    education of plant personnel,
    and negotiations
    with
    the
    City
    of
    Herrin
    for
    further
    diversion.
    Petitioner
    con-
    tends
    that
    this
    program
    should
    result
    in
    compliance
    by
    July,
    1979.
    32—4
    3
    —
    The only alternative presented
    is construction
    of a treatment.
    facility which would involve $250,000 capital
    cost, not inciudinc;
    land acquisition,
    and additional operation and maintenance expenses.
    The Board
    finds that denial of this variance would
    constitute arbitrary and unreasonable hardship.
    Construction of
    a treatment facility cannot be justified when Petitioner’s
    less
    expensive current program may result in compliance.
    It
    would
    not be appropriate to require Petitioner
    to initiate construction
    to meet the 4/5 standard when that standard may be deleted as a
    result of R77-12,
    Docket C which •is pending before the Board.
    A
    variance shall be granted until August
    1,
    1979
    to allow Petitioner
    to continue the
    12 month program outlined in its July
    27, 1978
    Petition.
    The Agency shall be required to modify Petitioner’s
    NPDES permit to conform with the Board’s Order
    in this matter.
    This Opinion constitutes the Board’s finding of fact and
    conclusions of law
    in this matter.
    ORDER
    It is the Order of the Pollution Control Board that
    Petitioner be granted a variance from Rule 404(f)
    of Chapter
    3: Water Pollution of the Board’s Rules and Regulations
    until
    August
    1,
    1979 subject to the following conditions:
    1)
    Petitioner shall continue its six part program
    of flow
    reduction and improvement in effluent quality which
    is
    described in its Petition;
    and
    2)
    Within 45 days of the date of this Order, Petitioner
    shall execute and forward to the Illinois Environmental
    Protection Agency,
    Variance Section,
    2200 Churchill
    Road, Springfield,
    Illinois 62706,
    a Certificate of
    Acceptance and Agreement
    to be bound to all terms and
    conditions
    of this variance.
    This
    45 day period shall
    be held in abeyance for any period this matter
    is
    being appealed.
    The form of the Certificate shall
    be as follows:
    32—44
    —3—
    CERTIFICATION
    I,
    (We),
    having read
    and fully understanding the Order in PCB 78—196, hereby accept
    that Order and agree to be bound by all of its terms and
    conditions.
    SIGNED ____________________________
    TITLE
    ____________________________
    DATE
    ____________________________
    The Agency pursuant to Rule
    914 of Chapter
    3 shall
    modify Petitioner’s NPDES permit consistent with the conditions
    set forth
    in this Order including such interim effluent limita-
    tions as may reasonably be achieved through application of best
    practicable operation and maintenance practices
    in the existing
    facilities.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    here
    certify the above Opinion and Order were
    adopted on t1~e
    Q
    day of’?)~J
    JJ4....t~
    ,
    1978 by
    avoteof4-Q
    Christan
    L. Mo
    ,
    Clerk
    Illinois Pollut o
    Control Board
    32—45

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