ILLINOIS

POLLUTION

CONTROL

BOARD

July 6, 1978

SANITARY DISTRICT OF De KALB

)

and De

KALB

PLATING,

INCORPORATED,

)

Petitioners,

)

)

v.

)

PCB 78-5

ENVIRONMENTAL

PROTECTION

AGENCY,

)

Respondent.

JAMES

D.

LEE, OF CLIFFE

AND

ENGEL,

APPEARED

FOR THE

PETITIONERS;

MS. CAROL PEARCE, ASSISTANT ATTORNEY GENERAL,

APPEARED

FOR

THE

RESPONDENT.

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Goodman):

This case is before the Board upon a petition for variance

filed by the Sanitary District of De Kaib

(District)

and De Kaib

Plating, Incorporated (Company)

on January

4,

1978.

In an

earlier proceeding, Petitioners were granted a variance from the

Board’s cyanide regulations of Chapter

3, Rules

408(a)

and 703

(a), respectively, until January 31,

1978, or until the final

decision in R74—15,

—16, whichever occurred first.

Petitioners

are now requesting an extension of this variance pursuant to

Rule 402(a)

of the Board’s Procedural Rules.

Petitioners have

waived their right toa hearing in this matter.

The District provides sewage disposal services in the County

of De Kalb for an area of approximately 4,500 acres and a popu-

lation of 35,000.

The District treats an average of

3.5 million

gallons per day of raw sewage, containing an average of 1.95

pounds per day of cyanide in both free and complex forms.

This

cyanide comes primarily from the De Kaib Plating Company and

Northern Illinois University.

The Company discharges an average

of 20,000 gallons of effluent per day, and the University dis-

charged 18

of the total flow to the plant in 1976.

The flow

from the University fluctuates from very low during the summer

to around 1,000,000 gallons per day during the school year.

31.29

---

—2—

The District discharges the treated sewage into the South

Branch of the Kishwaukee River at a point in the stream with a

minimum one—in—ten years, seven day average flow of 0.1 CFS.

The average dry weather dilution ratio for 1976 was zero.

The District is requesting a variance from the 0.025 mg/i

standard established in Rule 408(a)

to allow discharges of cyanide

riot

to exceed the following levels:

0.1 mg/i for a 30 day average;

0.2 mg/l for

a 24 hour composite sample; and 0.5 mg/i for any

instantaneous sample.

The Agency recommends granting the variance.

In support of its position,

the Agency notes that there is no

environmental harm expected as a result of granting this vari~nce

and that the imminence of final decision in R74-15, -16 also

justifies this action.

The Company is in the metal finishing business, providing

plating and other metal

finishing services on various metal

materials.

The Company serves local industries in the De Kaib-

Sycamore area and provides services to customers within a 50

mile radius of De

Icaib.

The Company

is requesting that the Board’s Order of October

13,

1977

(PCB 77-169)

be extended for

90 days,

in which time the

Plating Company can comply with Sanitary District Ordinance No.

199.

This Ordinance requires the Plating Company to limit its

sewer discharges to 1.16 mg/i of cyanide.

The Agency recomrriends

that this request be denied, citing a failure on the part of

the Company to provide data and

to explain its program for com-

pliance.

The Agency notes that the District will only be able

to comply with its 0.1 mg/i effluent standard

if the Company

meets a 1.16 mg/i cyanide standard.

The Board finds that the granting of the District’s request

is warranted.

The Board agrees with the Agency that no environ-

mental

harm

should be expected as a result of granting this

request.

In light of the pendency of R74-l5, -16, and in order

to eliminate the need to refile for yet another extension,

the

Board grants this variance for one year from the date of this

Opinion, or until final decision in R74-15,

16, whichever occurs

first.

However, the Board agrees with the Agency that the Company’s

request should be denied.

As the Agency noted, compliance with

Ordinance No.

199 must occur irrespective of when final decision

occurs in R74-15, -16.

Since the Company has failed to provide

pertinent information,

its request must be denied.

31-30

---

—3—

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1.

De Kaib Plating, Incorporated’s request for an

extension of Board Order, PCB 77—169, be denied.

2.

The Sanitary District of De Kaib’s request for

a variance from Rule 408(a) of the Board’s

Water Pollution regulations be granted, subject

to the following conditions:

A.

Said variance shall extend no longer than

one year from the date of this Order, or

until the final decision in R74—15, —16,

whichever shall occur first.

B.

The District’s total cyanide effluent dis-

charge to the South Branch of the Kishwaukee

River shall not exceed 0.1 mg/i for any 30

day average,

0.2 mg/i for any

24 hour com-

posite sample and 0.5 mg/i for any instant-

aneous sample.

C.

Within

45 days of the adoption of this Order,

the Sanitary District of

IDe Kaib and De Kaib

Plating, Incorporated shall execute and forward

to the Illinois Environmental Protection Agency,

2200 Churchill Road,

Springfield, Illinois 62706

a Certification of Acceptance and Agreement to

be bound to all terms and conditions of this

Order.

The 45 day period shall

be held in

abeyance during any period this matter is being

appealed.

The form of said certification shall

be as follows:

CERTIFICATION

I

(We),

having read and

fully understanding the Order of the Illinois Pollution

Control Board in PCB 78-5 hereby accept said Order

and

agree to be bound by all of the terms and conditions

thereof.

31-31

---

—4—

SI

GNED

TITLE

DATE

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby. certify the above Opinion and Order

were adopted on the

~

day of

,

1978 by a vote

of

~/-~

.

Christan L. Moffet4~-Clerk

Illinois Pollution Control Board