ILLINOIS POLLUTION CONTROL BOARD
March 17,
1977
OLIN
CORPORATION
(Joliet),
)
Petitioner,
)
v.
)
PCB 76—328
)
ENVIRONMENTAL
PROTECTION
AGENCY,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr.
Duinelle):
This matter comes before the Board on a Petition for Variance
filed by Olin Corporation
(Olin) on December
30,
1976 for its
Joliet,
Illinois phosphate plant.
Olin seeks an extension of
a previous variance granted by the Board in PCB 76-45
(May 6,
1976), which allowed Olin until January
1,
1977 to complete
construction of its total recycle system to achieve compliance
with Water Pollution Regulation 408(a) governing suspended solids.
Olin has incorporated by reference into this case its petitions
previously filed in PCB 72-253,
PCB 74—482, and PCB 76-45.
The
Agency filed its Recommendation on February 23,
1977.
The essence of Olin’s petition is that an extension of the
PCB 76-45 Variance is needed due to a strike at its plant which
lasted from October 31,
1976 until December 9,
1976.
However,
the strike period further caused the loss of the remainder of the
1976 construction season.
Olin therefore seeks the extension of
the January
1,
1977 compliance date to June
30,
1977.
The Board
finds that based upon the record in this case a failure to grant
the requested variance would place an arbitrary or unreasonable
hardship upon Olin.
However,
the Agency, in its Recommendation,
suggests that not all wastewater sources at Olin’s plant are
currently in compliance or on compliance plans.
The Board’s
Order of May
6,
1976 required Olin to identify all wastewater
sources and submit compliance plans to the Agency.
The Board will condition the grant of this Variance on the
submission of an amended compliance plan to include the questioned
wastewater sources tributary to Olin’s storm drainage systems.
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This Opinion constitutes
the Board’s findings of fact and
conclusions of law.
ORDER
The Board hereby grants Olin Corporation a Variance from
Water Pollution Regulation 408(a) (suspended solids)
from January
2,
1977 to and including June
30, 1977 to allow the construction of a
total recycle system at its Joliet, Illinois phosphate plant subject
to the following conditions:
A.
Petitioner shall apply for and obtain all necessary
permits.
(eg: permits which may be required in
eliminating Petitioner’s contaminated storm flows)
B.
Petitioner shall submit to the Agency for approval
by March 30,
1977, an amended compliance plan in-
dicating:
all wastewater sources which are tribu-
tary to Petitioner’s storm drainage systems;
methods for eliminating these contaminated waste-
water sources or for providing sufficient treat-
ment to comply with Chapter
3 effluent standards;
and a compliance timetable to be approved by the
Agency.
C.
Petitioner shall submit monthly compliance reports
on the last day of each month to the Agency.
D.
That Petitioner shall, within 28 days after the
date of the Board order herein, execute and forward
to the Illinois Environmental Protection Agency,
2200 Churchill Road, Springfield,
Ii., 62706,
and
to the Illinois Pollution Control Board,
309 West
Washington Street, Chicago, Il.,
60606,
a Certifi-
cate of Acceptance and agreement to be bound to
all terms and conditions of the variance.
CERT1I” ICATION
The Olin Corporation, having read and fully
understanding the Order of the Illinois Pollu-
tion Control Board in PCB 76-328, hereby ac-
cepts said Order and agrees to be bound by all
of
the terms and conditions thereof.
SIGNED
TITLE____
DATE_____
IT
IS SO ORDERED.
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130
—3—
I, Christan
L.
Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Opinion and Order were adopted on the
/~‘‘
day of March,
1977 by a vote of
___________________
cJ~d
Christan
L.
Moffe’t AClerk
Illinois
Pollutio
~ntrol
Board
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