ILLINOIS POLLUTION CONTROL BOARL~

September 1, 1977

PEOPLE OF THE STATE OE~ILLINOIS and

THE ENVIRONMENTAL PROTECTIO~NAGENCY1

)

Complainants,

v.

)

PCB 76—289

TRAVENOL LABORATORIES, INC.~,

a Delaware corporation,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)

MS. ANNE MARKEY appeared~on behalf of Complainants,

MR. JOHN G. CAMERON, JR. ~ppearedon behalf of Respondent.

This matter comes before ~he Bo~rdon an Amended Complaint for

violation of Rules 404(f) (~uspendedsolids) and 407 (phosphorus)

of Chapter 3 Water Pollution of thc~ Board’s Rules and Regulations

A hearing was held on Ju1y~25,:1977 mnd a stipulation was proposed

at that time as a settlement of the case,

The stipulation recites the

hizt~ry

of this problem and shows that

the Respondent has attempted~tcrectify tin~ situation. Violations

of the Board’s effluent standards 1~ave coit~ued because the Respondent’s

wastewater treatment sys~ern~hasnot perfGrmed as expected. Respondent

has already spent $605,500.00 on its sys~ce~r~and expects to pay

$359,000.00 more before the effluent standards are met consistently.

Specifically the stipulation p~oposesthe following actions

by the parties. First, Travenol wil1~commission a consultant to

design modifications to its primary treatment facilities, including

installation of preliminary wastewater screening and installation

of a pond level indicating device. Physical-chemical process modivi—

cations will also be designed, inc2u~ingupgrading of alum and polymer

feed systems and installation of polishing filtration equipment. In

addition, the consultant will investigate and make recommendations

for upgrading the aeration system and the sl&~dgedisposal and removal

operation, Travenol Agrees to cooperate

with

the Agency to expedite

any needed improvements. Second, interim standards for phosphrus

and suspended solids are provided for warm weather months and for the

period from November through April. Third, Travenol agrees to sub-

mit monthly progress reports to the Attorney General and the

Agency and to permit inspection of its premises by representatives

---

—4—

of the Attorney

Genoral,

Fourth, the Agency agrees

to withdraw

its denial of

a permit

to construct and operate a

breakpoint

chlorination/dechlorination system for controlling Ammonia-

Nitrogen

effluent and to

approve the application for this

permit. Finally,

Travenol

agrees to pay a penalty of $1000.00.

The parties

agree that

this Proposal for Settlement

is expressly

conditioned

upon, and

effective only with approval

of the Board

of all its

provisions.

The stipulation and in particular the pro-

vision for

interim

standards are acceptable to the

Board as long

as it is clearly understood that Respondent will be expected

to consistently

comply

with all. o~the Board’s effluent standards

at the end of

the 18

month (540 day) compliance schedule. The

amount of the

proposed

penalty appears to be low but it is

reasonable when

it is

coupled with Respondent’s good faith

efforts to comply.

This Opinion constitutes the Board’s findings

of fact and

conclusions of

law in

ORDER

It is the

Order of

the Pollution Control Board that:

1) Within

20

days of the date of this Order, Respondent

shall

commission

its consultant to design treatment plant

modifications, These modifications shall include installa-

tion of

preliminary

wastewater screening equipment, a pond

level

indicating

device, and physical-chemical process modi-

fications

such as

upgrading the alum and polymer feed

systems and providing polishing filtration.

2) The

above

listed modifications shall be implemented

in accordance

with

Time (days)

Complete

Detailed

Engineering

Plans

and

Specifications

120

Review

by Respondent

15

Revisions

if

necessary and appli-

cation

for an

Agency Permit

15

Agency

permit

approval

30

Advertise

for bids

30

Award

contract

Commence construction

30

~28-=~422~ ~ 7

---

Complete construction, start-up

240

Achieve full operation levels

30

Total time of implementatIon

540

3)

WithIn 20 days of the date of this order, Respondent

shall commission its consultant to study its treatment

plant operations to determine whether and to what extent

the Respondent’s aeration and sludge removel and disposal

systems should be upqraded.

4) Within 30 days after Respondent has received the

results of the above mentioned study, it

shall submit its

plan to implement the study’s

recommendations to the

Attorney General and the Agency for approval.

5) Until the Respondent has completed the modifications

outlined above the following daily average interim effluent

standards shall be met:

DOD

Suspended Solids Phosphorus

May I thru October 31 65 mg/i

65 mg/i

3.0 mg/i

November 1 thru

20 mg/i

25 mg/i

2.0 mg/i

April 30

6) When the schedule of compliance outlined in Paragraph 2

above has been completed. Respondent shall consistently

comply with the requirements of Rule 404 and 407 of Chapter 3:

Water Pollution, Respondent shall submit monthly

progress

reports to the Attorney General. Such reports shall include

permit applications, permits and permit denials, and a

description of the work of any delays encountered, the

steps taken to overcome suáh delays, and the effects of

these delays on the scheduled completion dates. These

reports shaii be addressed to:

Howard 0. Chinn, Chief Engineer

Office of the Attorney General

188 West R~ndolohStreet

Chicago, Illinois 60601

and

Manager, Region II Division of

Water Pollution Control

Illinois Environmental Protection Agency

1701 South First Avenue

Maywood, Illinois 60153

26~23-

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—4—

This reporting

requirement shall cease in the month

following completion of the modifications, However, Respondent

will submit its monthly discharge monitoring reports to the

Attorney General for six months following completion of all

modifications.

7) Respondent will allow any duly authorized representa-

tive of the Attorney General’s Office to inspect the

facility and the work in progress.

8)

Immediately following the date

of this Order the Agency

will withdraw its April 14, 1977, denial of Respondent’s

March 30, 1977, application for authority to construct and

operate additional facilities and equipment for the purpose

of controlling Ammonia-Nitrogen effluent concentrations by

means of breakpoint chlorination/dechlorination and approve

said appliciation. Respondent hereby agrees to waive its

right to challenge said denial in any administrative or

judicial proceeding.

9) Within 35 days of the

date

of this Order, Respondent

shall pay a penalty of $1,000.00. Payment shall be made

by certified check or money

order

Fiscal Service Division

Environmental Protection Agency

Springfield, Illinois 62706

I,

Christan L. Moffett, Clerk of the Illinois Pollution Control

Board,~ereby certify the bove Opinion and Order were ad~optedon the

_____________day ~

1977 by a vote of

~