ILLINOIS POLLUTION CONTROL BOARD

July 20,

1978

BIRD

& SON, INC.,

)

Petitioner,

vs.

)

PCB 78—117

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Dr.

Satchell):

Bird & Son,

Inc.

filed on April

24,

1978 a petition for

an extension of a previous variance.

The Board in PCB 76—116,

23 PCB

57

(1976), had granted Petitioner a variance from the

restrictions on the discharge of mercury into a sewer system

contained in Rule 702(a)

of Chapter

3:

Water Pollution

Regulations.

Now Petitioner

is requesting that an additional

variance be granted for a five year period.

The Environmental

Protection Agency

(Agency)

filed a recommendation in this

matter on June 9,

1978.

Petitioner owns and operates a felt mill

plant

located

on a 16—acre site in Chicago.

The facility

is engaged in the

manufacture of absorbent felt paper for use in the roofing

industry.

The felt

is made entirely from wood and paper

products.

These materials are broken down into their con-

stituent fibers and reformed into felt paper

in a process. which

utilizes

a continuous flow of recycled water.

Approximately

110 tons of roof felt per day are produced,

using an average

of 115,000 gallons of water per day.

About 25,000 gallons of

this water are evaporated as steam and the remaining 90,000

gallons are discharged to the Metropolitan Sanitary District

of Greater Chicago

(MSD)

and treated at the Calumet Sewage

Treatment Plant.

Prior to discharge to the MSD, wastewater

is

processed through a screening tank in order to reduce fiber

content.

Petitioner does not employ a direct discharge to

waters of the State.

Petitioner’s wastewater discharge includes quantities of

mercury in excess of the 0.0005 mg/i limitation contained in

Rule 702(a)

of Chapter

3.

Under the conditions of Petitioner’s

last variance Petitioner’s discharge to the MSD was not to

exceed a concentration of 0.0038 mg/l or a total annual dis-

charge of 1.2 pounds.

Petitioner has generally met. these

conditions.

MSD notified Petitioner that on February

1 and

2,

1978 the mercury discharge was in excess of the limit.

On

February 1, 1978 it was

0.054 mg/i and February

2,

1978 it

31-105

---

—2—

was 0.0272 mg/i.

MSD has indicated to the Agency that it is

in favor of Petitioner’s present variance request.

The Agency

has record of one other violation of the variance condition.

Petitioner has investigated technology for mercury

removal and has found no proven methods of treating effluent

containing low-level concentrations of mercury to within the

levels required by Rule 702(a).

Progress reports have been

filed with the Agency.

The Agency states

that the Calumet Treatment Plant is not

exceeding the mercury requirements of Rule 408 of Chapter

3.

Currently there is

a regulation, R76-2l, pending before the

Board which would change the 0.0005 mg/i mercury standard to

0.003 mg/i.

If this standard is adopted Petitioner would no

longer need a variance.

The Agency recommends the grant of

a

variance with conditions.

The Board finds that

a variance should be granted to

Petitioner.

Testimony in R76-2l indicates that technology does

not exist to efficiently and consistently bring low-level

concentrations of mercury into compliance with Rule 702(a).

This

is reiterated by Petitioner.

Petitioner would suffer

arbitrary and unreasonable hardship if required to comply with

Rule 702(a)

at this time.

The variance will be granted with

the Agency’s recommended conditions.

This opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

It is the order of the Pollution Control Board that Bird

& Son,

Inc.

is granted a variance from April 24,

1978 to

April

24,

1983 unless prior to April

24,

1983 the Board adopts

the mercury standard in R76—2l, in which case,

the variance

shall expire on the effective date of the new standard.

During the variance period the following conditions shall be

met:

(1)

Petitioner’s discharge of mercury to MSD shall not

exceed a concentration of greater than 0.0038 mg/i

at any time,

or a total annual discharge of greater

than 1.2 pounds.

(2)

Within 45 days after the date of this Board Order

herein the Petitioner shall execute and forward to

the Illinois Environmental Protection Agency, Vari-

ance Section,~2200 Churchill Road, Springfield,

IL

a Certification

•of Acceptance and Agreement to be

bound

to all terms and conditions of the variance.

This

45 day period shall be held in abeyance for

31-106

---

—3—

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 78-117 hereby accept said Order and

agree

to be bound by all terms and conditions thereof.

SIGNED

TITLE

DATE

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

Control Board,

hereby certify the above Opinon and Order

were adopted qn the

~

day of

____________,

1978

by

a vote of

_______

Christan L. Moffet~,

erk

Illinois Pollution

trol Board