S97001A.PDF

ILLINOIS POLLUTION CONTROL BOARD

February 6, 1997

AMERICAN RIVER

)

TRANSPORTATION COMPANY,

)

Petitioner,

)

AS 97-1

)

(Adjusted Standard-

ILLINOIS ENVIRONMENTAL

)

Land)

PROTECTION AGENCY,

)

Respondent.

)

OPINION AND ORDER OF THE BOARD (by G. T. Girard) :

On August 5, 1996, American River Transportation Company (ARTCO) filed a

request for an adjusted standard from the Board’s regulations which require that special

waste haulers obtain a permit and that special waste be manifested prior to

transportation and disposal. (35 Ill. Adm. Code 809.201, 809.301, 809.302,

809.501.) ARTCO seeks an adjusted standard for its facility in LaSalle, located in

LaSalle County, Illinois. ARTCO wishes to haul special waste generated by barge

washing at its facility to a disposal point without first obtaining a permit and preparing

a manifest. This request for an adjusted standard seeks relief similar to that granted in

a prior variance. (American River Transportation Company v. IEPA (August 24,

1995), PCB 95-147.)

On September 6, 1996, the Illinois Environmental Protection Agency (Agency)

filed its recommendation advocating that the adjusted standard be granted with limited

conditions. ARTCO filed a response to the Agency recommendation on September 10,

1996, indicating that ARTCO is willing to accept the conditions recommended by the

Agency. ARTCO waived hearing and no hearing on this matter was held.

Based upon the record before it and upon review of the factors involved in the

consideration of adjusted standards, the Board finds that the petitioner has demonstrated

that grant of an adjusted standard is warranted. Accordingly, for reasons more fully set

forth below, the Board hereby grants ARTCO an adjusted standard from Sections

809.201, 809.301, 809.302, and 809.501.

BACKGROUND

ARTCO is a wholly-owned subsidiary of Archer Daniels Midland Company

(ADM), an international agri-processing company with its corporate headquarters

located in Decatur, Illinois. (Pet. at 1.) ADM was incorporated in 1923, and

originated as a processor of linseed oil. (Pet. at 1.) It has grown to be one of the

world’s largest food companies. (Pet. at 1.)

ARTCO’s facility is located on the Illinois & Michigan (I & M) canal, a short

distance upstream of its confluence with the Illinois River. (Pet. at 5.) Its facility lies

at the center of what is informally known as the LaSalle Harbor, which extends for

approximately 2.9 miles on the I & M Canal and the Illinois River and which

encompasses 7 docks. (Pet. at 5.) Surrounding land uses are predominantly industrial

and commercial. The nearest residential areas are several blocks to the north of

ARTCO’s facility and approximately three or four blocks from the Illinois River.

(Pet. at 5-6.) A limited amount of recreational boating and fishing occurs in this area;

however, there are no recreational boat access points to the river in that area, nor are

there any swimming areas. (Pet at 6.)

In 1971, ADM incorporated a wholly-owned subsidiary, ARTCO, to own and

acquire inland water transportation businesses, principally to transport agricultural

commodities and products. (Pet. at 1

) Today, ARTCO is a major force in the inland

water carrier business, owning 26 boats and 1,800 barges, including the largest covered

barge fleet in the United States. (Pet. at 1.) ARTCO employs over 800 people, many

of whom are located in the State of Illinois. (Pet. at 1.) It has 12 locations across the

United States and operates 6 facilities on rivers within or bordering Illinois. (Pet. at

1.) ARTCO’s principal administrative offices are located in Decatur, Illinois. (Pet. at

1.) The business’ principal activities include moving barges up and down the

Mississippi and Ohio Rivers for ADM as well as others, and providing the following

services: fleeting (parking of barges on the river), switching (moving barges in and out

of the fleet and dock areas), building tows (preparing barges to be moved by a line boat

down the river) and barge cleaning and maintenance. (Pet. at 5.)

ARTCO acquired the marine operations in LaSalle, Illinois, in December 1991

from Tabor Grain Company (Tabor), a grain company acquired by ADM in 1975.

(Pet. at 4.) Tabor owned and operated a grain elevator and dry bulk storage facility in

LaSalle, and in connection with that business, also operated a large switching and

fleeting business. (Pet. at 4.) Upon acquiring the Tabor facility in 1991, ARTCO

determined that it could operate on the Illinois River more efficiently by taking its line

boats no farther north than LaSalle. (Pet. at 4.) This change in operations required the

acquisition of fleeting spaces in the LaSalle area. (Pet. at 4.) As a result of the

acquisition in December, 1991, ARTCO took control of the LaSalle marine operations,

which included fleeting space and two boats for moving barges in and out of the fleet.

(Pet. at 4-5.) The services provided by ARTCO at the LaSalle facility include fleeting,

switching, building tows and barge cleaning and maintenance. (Pet. at 5.) Except for

cleaning and maintenance, these services are essentially the same services offered by

Tabor when it controlled the operations. (Pet. at 5.) Tabor loads Illinois grain for

shipment to ports down river, typically on the Gulf of Mexico, in preparation for

export, and receives shipments of fertilizers, coal and salt for storage for independent

entities. (Pet. at 5.)

Since 1991, ARTCO has moved the loaded barges out of the fleet to the Tabor

dock for unloading. (Pet. at 5.) The empty barges are cleaned by ARTCO if the

particular barge lessor or owner so requests. (Pet. at 5.) ARTCO then moves empty

barges from the fleet to the Tabor dock to be loaded with grain for outbound shipment.

(Pet. at 5.) These barges are typically cleaned prior to arrival at the LaSalle facility,

although on occasion, grain barges will require cleaning prior to loading. (Pet. at 5.)

ARTCO previously cleaned barges on the Illinois River by sweeping them

clean, pumping river water into them to remove the residual materials, and discharging

the rinse water back into the river. (Pet. at 6.) The employees swept out the barge to

empty it all of recoverable product, and then sprayed the barge with river water to

remove any residual product which remained after sweeping. (Pet. at 6.) The spraying

operation would take up to one hour and used approximately 5,000 gallons of water.

On April 29, 1994, ARTCO changed its practices such that the barge cleaning

now takes place adjacent to a barge positioned to receive the rinse water near the

loading/unloading area. (Pet. at 5.) The rinse water is no longer discharged into the

Illinois River. (Pet. at 5.) With greater reliance upon sweeping and the use of a

vacuuming system, both the amount of rinse water and commodity residuals have been

significantly reduced. (Pet. at 5.) Periodically, the receiving barge takes the

accumulated rinse water one-half mile downstream and discharges it to a sewer

tributary to the Peru Sanitary District’s (District) wastewater treatment plant. (Pet. at

5.) The District’s discharge is on the Illinois River at approximately River Mile 222.4.

(Pet. at 5.

)

Up to 800 barges carrying grain, coal, salt or fertilizer are loaded or unloaded

at the LaSalle facility each year. (Pet. at 6.) Approximately 200 of those barges are

cleaned each year, including approximately 90 that carried salt, 70 that carried

fertilizer, 20 that carried coal, and 20 that carried grain. (Pet. at 6.) ADM tested the

barge rinse waters produced from the cleaning of barges. (Pet. at 7.) Rinse waters

from grain loads produce elevated levels of suspended solids and BOD. (Pet. at 7.)

Coal loads produce elevated levels of suspended solids. (Pet. at 7.) Salt loads have

elevated levels of TDS and chlorides. (Pet. at 7.) Fertilizer loads result in elevated

levels of ammonia. (Pet. at 7.)

STATUTORY AND REGULATORY FRAMEWORK

The Board’s responsibility in this matter arises from the Environmental

Protection Act (Act). (415 ILCS 5/1 et seq. (1994).) In determining whether an

adjusted standard is to be granted, Section 28.1 of the Act requires the Board to

determine whether the petitioner has presented adequate proof of the following: that

factors relating to the petitioner are substantially and significantly different from the

factors relied upon by the Board in adopting the general regulation applicable to that

petition; the existence of those factors justifies an adjusted standard; the requested

standard will not result in environmental or health effects substantially and significantly

more adverse than the effects considered by the Board in adopting the rule of general

applicability; and the adjusted standard is consistent with any applicable federal law.

(415 ILCS 5/28.1( c).) In granting an adjusted standard, the Board may impose such

conditions as may be necessary to accomplish the purposes of the Act. (415 ILCS 5/28

.1(a).)

ARTCO is requesting an adjusted standard from the Board’s special waste

hauling regulations as those regulations relate to manifesting of special waste for

transport and disposal. Specifically, ARTCO seeks an adjusted standard to allow it to

transport stored barge rinse water from its LaSalle facility to a manhole controlled by

the District for treatment at the District’s wastewater treatment plant without the need

to manifest those rinse waters, and without the need for ARTCO to obtain a special

waste hauling permit. The particular provisions from which relief is sought are

outlined below.

The barge rinse waters are “equipment cleanings” as listed in the definition of

“industrial process waste” of the Act at Section 3.17. (415 ILCS 5/3.17; 35 Ill. Adm.

Code 809.103.) Therefore, by definition, rinse waters are a special waste. Special

wastes consist of hazardous wastes, industrial process wastes and pollution control

wastes which have not been declassified. (415 ILCS 5/3.45; 35 Ill. Adm. Code

808.110.)

Section 809.201 entitled “Special Waste Hauling Permits - General” provides:

No person shall haul or otherwise transport any special waste generated within

Illinois or any special waste to be disposed of, stored or treated within Illinois

without a current, valid waste hauling permit issued by the Agency in

accordance with the requirements of this Subpart unless the hauler is exempt

from the special waste hauling permit requirements under this Subpart.

(35 Ill. Adm. Code 809.201.)

Section 809.301 entitled “Requirements for Delivery of Special Waste to

Haulers” provides:

No person shall deliver any special waste generated within Illinois or for

disposal, storage or treatment within Illinois unless that person concurrently

delivers a manifest completed in accordance with Subpart E of this Part to a

special waste hauler who holds a current, valid special waste hauling permit

issued by the Agency under Subpart B of this Part.

(35 Ill. Adm. Code 809.301.)

Section 809.302 entitled “Requirements for Acceptance of Special Waste from

Haulers” provides:

No person shall accept any special waste for disposal, storage or treatment

within Illinois from a special waste hauler unless the special waste hauler

has a valid special waste hauling permit issued by the Agency under Subpart

B of this Part and concurrently presents to the receiver of the special waste,

or his agent, a completed, signed manifest as required by Subpart E of this

Part, which manifest designates the receiver’s facility as the destination for

the special waste.

No person shall deliver special waste in Illinois for disposal, storage or

treatment unless the person who accepts the waste has a current, valid

operating permit issued by the Agency and the necessary supplemental

permits required by 35 Ill. Adm. Code 807, as well as all other applicable

permits as required by the Act and Board regulations.

(35 Ill. Adm. Code 809.302.)

Section 809.501 entitled “Manifests, Records, Access to Records, Reporting

Requirements and Forms” provides in pertinent part:

Any person who delivers special waste to a permitted special waste hauler

shall complete a manifest to accompany the special waste from delivery to

the destination of the special waste. The manifest which shall be provided

or prescribed by the Agency shall, as a minimum, contain the name of the

generator of the special waste; when and where generated; name of the

person from whom delivery is accepted and the name of the site from which

delivered; the name of the special waste hauler; the date of delivery; the

final disposal, storage or treatment site; and the name, classification and

quantity of the special waste delivered to the hauler. The Agency may

provide or prescribe a different form of manifest for Class A special wastes

than for Class B special wastes.

(35 Ill. Adm. Code 809.501(a).)

ARTCO’S PROPOSED ADJUSTED STANDARD

As is required by its variance in PCB 95-147, ARTCO has investigated

compliance options ever since it ceased discharging rinse waters into the Illinois River.

ARTCO determined that there were a number of potential compliance options

available, including: ceasing the generation of rinse waters; constructing an on-site

treatment facility; arranging for the rinse waters to be picked up by truck and taken to

an appropriate treatment facility; transporting the rinse waters by barge to an

appropriate treatment facility; and constructing a sewer line for a direct discharge to a

wastewater treatment facility.

ARTCO maintains that its preferred and most cost effective alternative is to

continue its current practice of barging the wastewaters to the Distict’s wastewater

treatment facility. ARTCO argues that its current practices have not caused any

adverse environmental impact, and that both ARTCO and the District have been

satisfied with those practices.

ARTCO proposes the adoption of the following adjusted language:

The American River Transportation Company (ARTCO) is hereby granted an

adjusted standard from the special waste hauling regulations as set forth at 35

Ill. Adm. Code 809.201, 809.301, 809.302, and 809.501. Pursuant to this

grant, 35 Ill. Adm. Code 809.201, 809.301, 809.302, and 809.501 shall not

apply to the handling of barge rinse water at ARTCO’s LaSalle, Illinois facility.

This adjusted standard is subject to the following conditions:

The rinse water is transported and discharged only to the Peru Sanitary

District so long as the Peru Sanitary District shall possess and maintain all

necessary permits, except as authorized by the terms of this adjusted

standard, in order to accept this waste;

The Petitioner shall maintain logs of the transportation and discharge of the

rinse waters documenting the dates and amounts discharged to the Peru

Sanitary District. Petitioner shall submit on an annual basis reports to the

Agency showing the quantity of rinse waters discharged. Such reports shall

be addressed to Planning and Reporting Section, Division of Land Pollution

Control, Illinois Environmental Protection Agency, P.O. Box 19276, 2200

Churchill Road, Springfield, IL 63794 (This address is subject to change by

the Agency);

Petitioner shall maintain its permit to connect and discharge the rinse water

to the Peru Sanitary District pursuant to 35 Ill. Adm. Code Part 309 and all

other necessary permits, except as authorized by the terms of the adjusted

standard;

Petitioner shall comply with all terms and conditions of its connection and

discharge permits for the rinse waters; and

Petitioner shall allow representatives of the Agency upon presentation of

credentials access to its operations at reasonable times for the purposes of

conducting inspections of its facility and examination of records required

under the conditions of this adjusted standard.

In short, the adjusted standard will allow ARTCO to continue to discharge barge

rinse waters to the District without the requirement of following special waste hauling

regulations. ARTCO estimates that the cost of disposing its rinse waters to the District

will average $510 per year. The proposed conditions reflect the conditions of

ARTCO’s variance (PCB 95-147) to the extent that they are applicable to the adjusted

standard.

JUSTIFICATION AND AGENCY RESPONSE

In support of its petition for an adjusted standard, ARTCO argues that it

successfully meets the aforementioned criteria set forth in 35 Ill. Adm. Code

106.705(h). First, ARTCO contends that substantially different factors at its LaSalle

facility do warrant an adjusted standard. (Pet. at 13-14.) ARTCO argues that the

purposes of the special waste hauling rules are not furthered through their application to

its LaSalle facility. (Pet. at 13-14.) ARTCO asserts that the primary tenet of the

special waste hauling rules is to ensure that, once the generator of the waste delivers it

to a hauler, the hauler will deliver it to the intended disposal site. (Pet. at 14.)

ARTCO maintains that conforming to these procedures is unnecessary, because it will

use its own barges to transport the barge cleaning waters, thereby assuring that the

barge cleaning waters will be taken to the appropriate disposal site. (Pet. at 14.)

Further, ARTCO states that it operates its barge fleet in accordance with Coast Guard

rules, thus confirming that the rinse waters are properly treated. (Pet. at 14.) Because

ARTCO is both the generator and hauler, it believes that the manifest procedures

enacted to ensure improper disposals do not occur are unnecessary given these

circumstances. (Pet. at 14.) ARTCO suggests that the recordkeeping and reporting

procedures proposed in its petition for an adjusted standard will provide the information

that would otherwise be available from the manifests. (Pet. at 14.) The Agency agrees

with ARTCO’s contentions and supports granting it an adjusted standard in this

circumstance. (Agency Resp. at 3-4.) Specifically, the Agency opined that the

recordkeeping requirements proposed by ARTCO should adequately ensure that the

wastewaters are properly accounted for and disposed. (Agency Resp. at 4.)

Second, ARTCO maintains there is adequate justification for the adjusted

standard in this instance. ARTCO explored several compliance options, including the

following: ceasing the generation of rinse waters; constructing an on-site treatment

facility; arranging for the wastewaters to be picked up by truck and taken to a treatment

facility; transporting the rinsewaters by barge to a facility; and constructing a sewer

line for direct discharge to a wastewater treatment facility. (Pet. at 8.) ARTCO

concluded that these proposed compliance alternatives were costly and did not

necessarily offer greater environmental benefits than its existing scheme with the

District. (Pet. at 8-11.) The Agency agrees with ARTCO and believes that the level of

justification has been met under the narrow circumstances in this case. (Agency Resp.

at 3-4.) Further, the Agency feels that the other alternatives could only be

accomplished at substantially higher cost with only marginal environmental benefits.

(Agency Resp. at 4.)

Third, ARTCO argues that its current disposal practices (in accordance with its

variance) have not caused any adverse environmental impact, and would not cause any

impact if the requested adjusted standard were granted. (Pet. at 15.) In support of its

variance order, ARTCO notes that the Board on page 11 concluded that:

The granting of the requested relief should have no adverse impact upon the

environment. … The Agency states that “because this variance only addresses

the Petitioner’s activities since it ceased discharging the rinse waters to the

Illinois River,” there is no environmental impact. (American River

Transportation Company v. IEPA (August 24, 1995), PCB 95-147.)

(Pet. at 15.)

The Agency believes that granting ARTCO an adjusted standard in this circumstance

should not have any substantial impact on the environment. (Agency Resp. at 3.) The

conditions contained within the adjusted standard proposed by ARTCO should ensure

proper delivery of the wastewaters to the District. (Agency Resp. at 4.)

Fourth, ARTCO argues that the requested adjusted standard is consistent with

federal law. It asserts that the adjusted standard would not violate any provisions of the

Solid Waste Disposal Act, 42 U.S.C. Sections 6901 to 6992(k), or its implementing

regulations or any other federal law, including the Clean Air Act, 33 U.S.C. Sections

1251 to 1387, since there is no federal regulation governing special waste hauling.

(Pet. at 15.) Similarly, the Agency is not aware of any federal law which would be

breached by the grant of the relief requested by ARTCO. (Agency Resp. at 4.) Thus,

the Agency believes that the relief requested is consistent with federal law. (Agency

Resp. at 4.)

CONCLUSION

The Board finds that ARTCO has demonstrated that an adjusted standard from

35 Ill. Adm. Code 809.201, 809.301, 809.302, and 809.501, the rules of general

applicability, is appropriate in order for ARTCO to discharge its wastewaters that result

from its barge cleaning operations. As is required by the Act, ARTCO has met the

conditions necessary for grant of an adjusted standard. ARTCO has successfully

established that its circumstances are significantly different than those circumstances

considered by the Board upon adoption of the general standard. As was proven during

the course of the PCB 95-147 variance, since ARTCO is the generator and hauler of

these wastes generated by its own activity, ARTCO’s existing arrangement for delivery

of its barge wastewaters to the District for treatment will not have an adverse

environmental impact. Moreover, the requested adjusted standard is consistent with all

applicable federal regulations. In addition, the Agency’s response affirms that an

adjusted standard is warranted. Therefore, the Board grants ARTCO the requested

adjusted standard from 35 Ill. Adm. Code 809.201, 809.301, 809.302 and 809.501

with the conditions similar to those recommended by the Agency.

This opinion constitutes the Board’s findings of fact and conclusions of law in

this matter.

ORDER

1. Pursuant to Section 28.1(b) of the Act, the American River Transportation

Company (ARTCO) is hereby granted an adjusted standard from the special

waste hauling regulations as set forth at 35 Ill. Adm. Code 809.201, 809.301,

809.302, and 809.501. Pursuant to this grant, 35 Ill. Adm. Code 809.201,

809.301, 809.302, and 809.501 shall not apply to the handling of barge rinse

water at ARTCO’s LaSalle, Illinois facility.

2. This adjusted standard is subject to the following conditions:

A. ARTCO’s rinse water may be transported and discharged to the Peru

Sanitary District only so long as the District shall possess and maintain

all necessary permits to accept ARTCO’s waste;

B. ARTCO shall maintain logs of the transportation and discharge of the

rinse waters documenting the dates and amounts discharged to the

District. ARTCO shall submit annually, on or before February 15,

reports to the Agency showing the quantity of rinse waters discharged.

Such reports shall be addressed to Planning and Reporting Section,

Division of Land Pollution Control, Illinois Environmental Protection

Agency, P.O. Box 19276, 2200 Churchill Road, Springfield, IL 63794;

C. ARTCO shall maintain all permits pursuant to 35 Ill. Adm. Code Part

309 to connect and discharge the rinse water to the District, except as

otherwise authorized by the terms of this adjusted standard;

D. ARTCO shall comply with all terms and conditions of its connection and

discharge permits for the rinse waters; and

E. ARTCO shall allow access to its operations to representatives of the

Agency upon presentation of credentials at reasonable times for the

purposes of conducting inspections of its facility and examination of

records required under the conditions of this adjusted standard.

IT IS SO ORDERED.

Board Member K. Hennessey abstained.

Section 41 of the Environmental Protection Act (415 ILCS 5/41(1994)) provides

for the appeal of final Board orders to the Illinois Appellate Court within 35 days of the

date of service of this order. The Rules of the Supreme Court of Illinois establish

filing requirements. (See also 35 Ill. Adm. Code 101.246 “Motions for

Reconsideration.”)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby

certify that the above opinion and order was adopted on the day of ,

1997, by a vote of .

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board