ILLINOIS POLLUTION CONTROL BOARD

March

 30, 1978

OLIN CORPORATION,

Petitioner,

v.

)

 PCB 78-6

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE THE BOARD

 (by Mr. Dumelle):

Petitioner

 seeks an extension of

 a variance from Rule 408(a)

of Chapter

3:

 Water Pollution granted by the Board

 in PCB 76—328.

The present variance for suspended solids expired on June

30,

 1977.

The petition seeks an extension until June

 30, 1978.

 The Agency

Recommendation filed on February 24,

 1978,

 supports the grant of

a variance.

Beginning

 in 1971, the Petitioner adopted a water pollution

abatement program for its phosphate manufacturing facility in

Joliet.

 The history of this effort has been chronicled in detail

in the variance cases of PCB 72—253, 73-82,

 74—492,

 76—45 and

76-328.

 Briefly,

 the Petitioner originally discharged into the

Des Plaines River

from

 two sources

—

 the main plant sewer which

carried process and sanitary wastewater and a gypsum pond which

occasionally overflowed

 into the river.

 Past variances dealt

with the main plant sewer system.

In PCB 74-492,

 it was

 found that clarifier equipment in-

stalled previously could not reach 408(a) standards since the

system depended on an even flow rate.

 The Petitioner was ordered

to submit a compliance plan investigating the use of filtration

and other equipment.

 Although not part of the original proposal,

the Petitioner began installation of a total recycle system in an

effort to meet 408(a)

 standards.

 The recycle system, and diffi—

culties in installation, formed the rationale for the variances

granted in PCB 76—45

 (granted until January 1,

 1977)

 and PCB 76—328.

Additionally in PCB 76-328,

 the Board ordered the Petitioner to

29

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445

—2—

submit a compliance plan for all wastewater sources tributary to

Petitioner’s storm drainage system.

 Olin has ideptified approxi-

mately 40 projects involving cleanup of the plant

 storm sewer

system.

 All but three are completed and the remainin~three were

scheduled

 for completion by January

31,

 1978.

The Petitioner does not seek additional time

 in regard to

the total recycle system as the requirement for completion and

operation was achieved by June

30,

 1977.

 Nor does

 it appear

from the variance petition that the extension is related to the

completion of the three remaining storm drainage projects.

 Rather

 the Petitioner proposes to use the period until June

30,

 1978 to

identify additional sources of spills and contamination into the

storm sewer system and implement control programs,

 Possible con-

tamination

 is believed to be resulting from spills from the process

storage tanks.

The Agency, however,

 indicated that such a program would not

result in appreciable

 improvements

 in contaminant levels.

The

Board recognizes the efforts of Petitioner

 to ameliorate the

sources of contamination to the Des Plaines River~. The time has

come,

 however,

 to investigate and implement only those solutions

likely to achieve compliance.

 “Investigation” must mean more

than merely buying time.

 The Agency recommends,

 and the Board

agrees, that further investigation should be directed to a compli-

ance program that includes possible diversion of extraneous storm

water and treatment or recycle of discharges

 to the Des Plaines

River.

In granting a variance beyond July

1,

 1977, the Board questions

compliance with federal effluent limitation deadlines established

in the Clean Water Act at 33 USC §1311.

 This issue was raised by

neither

 side in the instant case.

 The Board finds that

it

 is the

responsibility of the Petitioner

 to show compliance.

The Opinion constitutes the Board~sfindings of fact and

 conclusions of law in this matter.

ORDER

It is the Order of the Pollution Control Board

 that:

1.

 Petitioner

 is granted a variance until September

30, 1978

 from Rule 408(a)

 (suspended solids)

in

29

—

446

—3—

Chapter

3:

 Water Pollution subject to the follow-

ing ~onditions,

a~

 Petitioner shall apply for and

obtain all necessary permits as

may be required for eliminating

contaminated storm flows.

b,

 Petitioner

 shall submit to the

Agency for approval by June

30,

1978 an amended compliance plan

indicating:

 all wastewater sources

including spills which are tribu-

tary to Petitioner’s storm drainage

systems, methods to eliminate or

treat these contaminated wastewater

sources in order

 to comply with Chapter

3 effluent standards, and a compliance

timetable to be approved by the Agency.

c.

 Petitioner shall furnish to the

Board and the Agency withIn

 30 days

of the date of this Order infor-

mation indicating compliance with

federal guidelines or qualification

for a wai~erunder the Clean Water

Act of 1977 amendments.

d,

 Petitioner

 shall submit monthly

compliance reports on the last day

of each month to the Agency.

e,

 Within

 45 days of the date of this

Order, the Petitioner shall execute

and forward to the Illinois Environ-

mental Protection Aqency, Variance

Section, Manager,

 2200 Churchill

 Road,

Springfield, Illinois 62706, a Certifi-

cation of Acceptance and Agreement to

be bound by all terms and conditions

of the variance.

 This 45 day period

shall be held in abeyance for any

period during which this matter is

being appealed.

 The form of said

certification shall be as follows:

29

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447

—

IFIC

I (We),____________

______

 having read and

fully understanding the Order of the Illinois Pollution Control

Board in PCB 78-6 hereby accepts that Order and agree

 to be bound

by all of the terms and conditions thereofi

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

Board, hereby certify th~above Opinion and Order were adopted on

the

 day ~

 1978 by

 a vote ~

Christan L. Mof

 Clerk

Illinois Po11uti~Control Board

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448