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