ILLINOIS POLLUTION CONTROL BOARD

October 28,

1976

INDUSTRIAL WATER SUPPLY COMPANY,

Petitioner,

V.

)

PCB 76—207

ENVIRONMENTAL PROTECTION AGENCY,

OPINION AND ORDER OF

THE

BOARD

(by Mr. Goodman):

This matter comes i~fore the Board upon Petition for Variance

by Industrial Water Supply Company

(IWS)

for a variance

from the

requirements of the definition of “dilution ratio” appearing in

Rule 104 of the Pollution Control Board Rules, Chapter

3, Part

I as

applied to Rule 404 for IWS’

treatment plant at Fick~iin, Illinois.

The Illinois Environmental Protection Agency

(Agency) submitted

its recommendation herein on September 14,

1976.

No hearing was

held, and no citizen complaints have been received.

This is the second time IWS has come before the Board requesting

a variance from a definition appearing in the Board’s Rules.

The

petition

in this case

is almost:

identiciil

to the

pOt:i

t:lOfl

in the

previous

case,

PC3

76—39

,

which

t:hc’

Board

(Ii

Sin

I ssed w

I.

tliout

proj

udice

as

insufficient: in

its

Order

of

May

6,

1976.

The Board

hereby

incorporates

that Opinion and Order herein by reference.

The problem

of insufficiency as outlined in the May

6,

1976 Order of the Board

remains

in this petition and,

therefore, the Board must again dismiss

the petition as inadequate.

Upon further consideration of the two variance petitions,

it

appears to the Board that IWS may not need a variance for its

operation.

The Agency in PCB

76-39 found the IWS proposal feasible

24

—

163

---

—2—

from

an

engineering

standpoint.

If

indeed

the

proposed

treatment

system

and discharge is feasible from an engineering standpoint and

This

can

meet

the

Board’s

standards

for

its

discharge,

the

Board

fails

to see wherein there is a problem.

The Agency on the other hand

indicates

that

This

may

not

be

able

to

meet

the

limits

imposed

by

Regulation

not

withstanding

the

management of

its

discharge

volume.

The Agency further suggests that

ThiS

has

stated

a

cause

for

a

possible

Regulation change instead of a variance.

Under the facts presented

in this Petition, it appears that

This

does not comtemplate dilution

as a method of treatment .of its waste, but rather it proposes to take

advantage of the Board’s recognition that as the ratio of stream flow

to discharge flow becomes smaller, it becomes necessary to decrease

the pollutant loading of the

discharge

stream.

This

opinion constitutes the findings of fact and conclusions

of

law

of

the

Board

in

this

ORDER

It is the Order of the Pollution Control Board that the Petition

for Variance of Industrial Water supply Company be and is hereby

dismissed with&ut prejudice.

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

Board

hereby certify th

above

Opinion and Order were adopted on the

At4”

dayof

,l976byavoteof

Illinois Pollution

ntrol Board