ILLINOIS POLLUTION CONTROL BOARD

July

20,

1978

ARMAK COMPANY,

Petitioner,

)

v.

)

PCB 77—180

)

ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by Mr.

Dumelle):

On July 13,

1978 the parties asked the Board to decide this

matter without a hearing.

The motion is hereby granted.

Petitioner is hereby granted a variance from Rule 404(f) (ii)

of Chapter

3 of the Board’s Rules and Regulations until December

31,

1978 subject to the following conditions:

1.

The BOD and Total Suspended Solids discharged

shall be limited to the amounts set forth in

Exhibit L which is attached to the Second Amended

Petition for Variance and is incorporated into this

Order as if fully set forth herein.

2.

Petitioner shall comply with the standards for

maintaining dissolved oxygen in Aux Sable Creek and

with the monitoring and reporting conditions set

Out

in paragraph 14 of the Second Amended Petition for

Variance and is incorporated into this Order as

if

fully set forth herein.

Petitioner is herby granted a variance from Rule 962 of

Chapter

3 of the Board’s Rules and Regulations so that it can

obtain a construction permit to complete the

program outlined

in Exhibit H which is attached to the Second Amended Petition

for Variance and is incorporated into this Order as

if fully

set forth herein.

If during the term of this variance Peti-

tioner discovers that its compliance program will not be

successful, Petitioner shall submit a modified permit appli-

cation to the Agency indicating an alternative compliance

program.

31-73

---

—2—

The Agency, pursuant to Rule 914 of Chapter

3 of the

Board’s Rules and Regulations, shall modify NPDES permit

No. 1L0026069 consistent with the condition set forth, in

this Order.

Within 45 days after the date of the Board’s Order herein

the Petitioner shall execute and forward to the Illinois

Environmental Protection Agency, Variance Section,

2200

Churchill Road, Springfield, Illinois,

62706,

a Certification

of Acceptance

and Agreement to be bound to all terms and condi-

tions of the variance.

This

45 day period shall be held in

abeyance for any period during which this matter is 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 77-180 hereby accept said

Order and agree to be bound to all terms and conditions

thereof.

SIGNED

____________________

TITLE

____________________

DATE

____________________

IT IS SO ORDERED.

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

Control Board, hereby certify the above Order was adopted

on the

~

day of

_________________,

1978 by vote

of

~

Christan L. Moff~

,

Clerk

Illinois Polluti

ontrol Board