ILLINOIS POLLUTION CONTROL

BOARD

August 24,

1978

EXXON CHEMICAL CORPORP~TION,

)

Petitioner,

)

v.

)

PCB 77—329

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by Mr. Goodman):

Exxon Chemical Corporation

(Exxon)

submitted a Petition for

Variance before the Board on December

9,

1977,

and submitted

amendments to its petition on February

2 and April

18,

1978.

The

Environmental Protection Agency

(Agency) submitted its Recommend-

ation on March 10,

1978,

and submitted amendments on May 22 and

July 19,

1978.

No hearing has been held in this matter.

Exxon

waived its right

to a 90-day decision ~inthis matter to and in-

cluding September

7,

1978.

On February 16,

1978, Respondent sub-

mitted a motion to dismiss, which the Board ordered would be taken

with the case.

That motion

is denied.

In its petition, Exxon requests a variance from the suspended

solids limitation in Rule 408(a) of the Board’s Water Pollution

Regulations, Chapter

3 of the Board’s Rules and Regulations.

The

variance

is sought for two plants operated by Exxon in Lake Zurich,

Illinois, engaged in the processing and distribution of polyeth-

lene and polypropylene products.

The process effluent from the

facility consists of cooling tower blowdown,

compressor blowdown,

boiler blowdown, softener backwash and contact cooling water.

Exxon’s facility discharges approximately 12,000 gallons per day

into an on—site pond which discharges to a storm sewer thereafter

flowing to a privately-owned pond.

Exxon’s NPDES permit contains a 15 mg/i daily maximum con-

centration limit for total suspended solids,

as does Rule 408(a).

Grab samples taken by the Agency revealed discharge levels within

the allowable limit.

However, Exxon requests

a variance because

samples taken during periods of heavy rainfall indicate that

suspended solids concentrations may exceed 15 mg/i due to storm

water run-off.

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Exxon requests that the variance be granted for one year

and proposes to achieve compliance by segregation of storm and

process flow followed by either discharge of process flows to

the municipal Sanitary sewerage system or discharge of process

flows to a treatment system capable of meeting applicable regu-

lations.

Exxon’s existing sanitary sewers are tributary to the

Village of Lake Zurich Northwest Sewage Treatment Plant.

The Agency indicates in its Recommendation that there are

no federal Best Practical Control Technology Currently Available

(BPCTCA)

effluent guidelines applicable to Exxon.

For purposes

of this proceeding,

the Agency contends

that Exxon’s current

controls constitute BPCTCA.

Granting of the requested variance

would, therefore, be consistent with federal law.

Furthermore, the Agency’s investigation has revealed that

Exxon’s discharge contains

a high concentration of total dis-

solved solids which could potentially cause or contribute to vio-

lations of the general use water quality standard for total dis-

solved solids and chlorides since Exxon discharges to an inter-

mittent water course which discharges to

3 quiescent ponds and the

Hawthorne Ditch.

Therefore,

the Agency suggests that during the

term of the variance Exxon also needs a variance from Rule 203(f)

of the Water Regulations.

The Board finds that an arbitrary and unreasonable hardship

would result from denial of the requested variance and that Exxon’s

compliance program is acceptable.

The Board will, therefore,

grant Exxon

a one-year variance from Rules

203(f)

and 408(a).

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.

Exxon Chemical Corporation be and is hereby granted

a variance from the total dissolved solids and

chloride standards of Rules

203(f)

and the total

suspended solids standard of 408(a)

of Chapter

3

for one year from the date of this Order, subject

to the following conditions:

A.

Within

60 days,

Exxon shall submit a program

and schedule to the Agency for segregation of

storm and process flow;

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—3--

B.

Within 120 days, Exxon shall file a construction

permit application with the Agency involving

either connection to the Lake Zurich Nortwest

Sewage Treatment Plant or construction of a

sewage treatment system capable of meeting

applicable standards; and

C.

Within 45 days the Exxon Chemical Corporation

shall execute and forward to the Illinois

Environmental Protection Agency, 2200 Churchill

Road,

Springfield, Illinois 62706

a Certifi-

cation o~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 77—329 hereby accept said Order and agree

to

be bound by all of the terms and conditions thereof.

SIGNED____________________________

TITLE____________________________

DATE_______________________________

2.

Respondent’s February 16,

1978, Motion to Dismiss

is

hereby denied.

I, Christan L. Moffett, Clerk

of the Illinois Pollution

Control Board, hereby certify the ab ye Opinion and Order were

ado~tedonthe~-~~4day ~

1978 by a vote of

Christan L. Moffet ,&~rk

Illinois Pollution Control Board

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