ILLINOIS POLLUTION CONTROL
    BOARD
    August
    24, 1978
    CATERPILLAR
    TRACTOR CO.,
    )
    )
    Petitioner,
    v.
    )
    PCB 78-67
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Dumelle):
    This matter is before the Board on a Petition for Extension
    of Variance filed by Caterpillar Tractor Co.
    (Caterpillar)
    on
    March
    13,
    1978.
    The Agency filed its Recommendation favoring the
    granting of the Petition on April 25,
    1978.
    The right to a hear-
    ing
    has
    been
    waived,
    and
    the parties filed a Stipulation of Fact
    on July 25,
    1978.
    The subject of this Petition is Caterpillar’s Joliet plant
    which employs approximately 6,000 people engaged in the manufacture
    of earthmoving machinery.
    This Petition is the latest in a series
    of petitions requesting a variance from Board Rules
    404(b) (ii),
    962(a)
    and 1002 of Chapter
    3:
    Water Pollution Regulations.
    See,
    PCB 74—233,
    75—54,
    75—467,and 76—195.
    In PCB 76—195,
    the Board
    granted Caterpillar a variance from these rules until April 1,
    1978,
    thereby relieving Caterpillar of compliance with the Board’s BOD
    effluent standards until completion of an activated sludge plant.
    In that proceeding, Caterpillar projected that the plant ~ou1d be
    completed on December 1,
    1977 and would be operational by April
    1,
    1978.
    However, completion of the plant fell behind schedule due
    to several unforeseen problems:
    1)
    a delay in the installation of
    a total organic carbon unit
    (TOC)
    due to a delay in ordering by
    a subcontractor;
    2)
    a delay in the completion of the laboratory
    system because of a contract dispute; and,
    3) a redesign of the
    instrumentation control system to help assure the adequate per-
    formance of the activated sludge system.
    Because of the delays,
    the plant was not completed until February 28,
    1978 and could
    not become operational until July
    1,
    1978.
    Therefore Caterpillar
    is requesting an extension of the variance granted in PCB 76-195
    from April
    1,
    1978 to July 1,
    1978.
    3L..261
    —2—
    As noted in the Board’s Opinion in PCB 76—195, Caterpillar’s
    good faith and hardship in this matter have been well-established.
    Caterpillar has encountered numerous obstacles in the construction
    of this activated sludge plant,
    but it has continually operated its
    Joliet plant in compliance with the Board’s orders.
    As noted in
    the Agency’s Recommendation,
    Caterpillar has not exceeded the
    interim effluent limit of 130 mg/.
    BOD set by the Board in PCB 76-195.
    Caterpillar’s discharge of BOD into the DesPlaines River has had
    little or no environmental impact on the degradation of the River
    due
    to the 1000:1 dilution ratio.
    Under the circumstances, a denial
    of this petition would not only impose an arbitrary and unreasonable
    hardship, but also would be inconsistent with the Board’s prior
    actions
    in
    this
    matter.
    Mt.
    Cannel
    Public
    Utility
    v.
    EPA,
    PCB 73—300;
    10 PCB 325,
    328.
    This opinion constitutes the finding of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It
    is the Order
    of
    the
    Pollution
    Control Board that Caterpillar
    Tractor Company
    be
    granted
    a
    variance
    until
    July
    1,
    1978
    from
    Rules
    404(b)
    (ii),
    962(a)
    and
    1002
    of
    Chapter
    3:
    Water Pollution
    Regulations
    subject
    to
    the
    following
    conditions:
    (1)
    That Petitioner limit its discharge of BOD to 130
    mg/i
    as a monthly average during the duration of this variance;
    (2)
    That Petitioner agree to start up its wastewater treatment
    facilities on or before July 1,
    1978,
    even if the
    operational control equipment described in its Petition
    (including the total organic carbon unit,
    laboratory
    system, and instrumentation control system)
    is not yet
    on line;
    (3)
    Within 45 days of the adoption of this Order,
    the
    Caterpillar Tractor Company shall execute and forward
    to
    the
    Illinois Environmental Protection Agency,
    2200
    Churchill Road, Springfield, Illinois
    62706
    a Certi-
    fication 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:
    31—262
    —3—
    CERTIFICATION
    I
    (We), __________________________________ having read and fully
    understanding
    the
    Order
    of
    the
    Illinois
    Pollution
    Control
    Board
    in
    PCB
    78-67
    hereby
    accept
    said
    Order
    and
    agree
    to
    be
    bound
    by
    all of the
    terms
    and conditions thereof.
    SIGNED
    ______________________________
    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
    ,
    191~’
    by a vote of
    (J
    Chr~stanL. Moff~y, Clerk
    Illinois Po11uti~fr’Contro1Board
    31—263

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