T

‘IP UTION CONTROL BOARD

~

~ry

20,

1977

)

PCB 76—268

P

~T-L~

IPARD

(by Mr.

Zeitlin):

~re

tie

Board on a Petition for Variance

~r~c~l Company

(Stepan)

on October

27, 1976,

~

~ischarge

limitation for biological oxygen

~uri~d

solids

(SS)

in Rule 404(b)

of Chapter

3:

~s

Baard~s

Rules and Regulations.

A Recom—

-~

nd

ny

Lo Environmental Protection Agency

(Agency)

~o

~earing

was held

in this matter.

~

by

S~epan

is an extension of previously

~

L

~

s~n±ro its

Millsdale chemical plant located

cr

~

Will

County,

at which phthalic anhydride,

I

~

rr~ed:ates,

dry

cleaning emulsifiers,

polyure—

1~

r

I

v~

~

tigd

purity

specialities for the cosmetic

Stepu:~s

previous Variances were granted

:

mop

history

of litigation before this Board

u~Le Plant,

EPA

v,

Stepan and Stepan

v. EPA

~

I2~~489,

73—184,

11 PCB

7

(Jan,

24,

1974);

i

r

B~c~

r

Environment

v.

Stepan and Stepan v. EPA

~c~ciao~

P~B

1—201,

74-~270,

74—317,

15 PCB 445,

15 PCB 467

I

,

~‘~J~Juq,

l~

PCB

469

(Dr. Odell dissentinq as

to

0’~

5)

Id.

,

(SU)pl

‘mc’rit

fl

I

Op

liii

Ofl

dfld

Order

~.

~rirc

103

Reconsideration)

,

16

PCB

539

(May

8,

1975)

‘p

n

and

Order

on

Remand

from

Appellate

Court

~

‘~s~

Tb

I~st

,

in

Stepan

Chemical

Co.

v.

PCB,

No.

75-187,

~u

3d Past,

Ill,,

June

16,

1976))

(August

5,

1976);

7±

~CB 71 -503

(August

5,

1976)

v~i~oui

Oponions

and Orders,

cited above, fully

‘-ne

~pernt~ons

of

Stepan~s

Millsdale Plant,

and the history

:1 ~xulLes

ith

its

water discharges, originally

to

P

o~

to

the

Des

Plaines River.

We shall only repeat

~ic

~

S~nan s

most

recent Variance, PCB 75—503, was

or

n

r

~

c~e c~ns~nition

of

major additions

to its waste—

Lr

n~

I~p1~,

i~nc1uding

(principally) construction of

7

a

ti

‘abed

sludge tank for equalization and

~dJ~

o~al

PP)

~c

~

~1

arid

the

installation of the pressure

r

~

7~

t

eating

secondary clarifier

overflow,

at

a

I_a

7~

24

—

625

---

—2—

Stepan now seeks an extension of the Variance granted in PCB

75-503, alleging that the extension is necessary by virtue of a

long, and violent,

strike at the Milisdale Plant which precluded

completion of the wastewater treatment facility additions.

Stepan

alleges, and the Agency agrees

in its Recommendation, that this

strike was unforeseeable.

The parties agree that despite concerted

legal efforts by Stepan

(including injunctive orders from both state

and federal courts),

it was not possible for Stepan’s contractors

to cross the picket lines.

As a result, Stepan’s Petition asks that

the Variance granted

in PCB 75-503 be extended through January 18,

1977,

or such further time as may be necessary for the establishment

of an operational activated sludge system.

The Agency’s Recommendation notes that the strike at the Mills-

dale Plant was formally resolved on November

1,

1976 and,

although

construction should be completed by the end of December,

1976

(Rec.,

¶8), an activated sludge system cannot be operational at the Millsdale

Plant until Spring,

1977,

The Agency therefore recommends

that

Stepan be granted a Variance until April

1,

1977.

We agree with the Recommendation.

All of the factors which

led

to our grant of a Variance

in PCB 75-503 remain true,

with this

Variance extension required only as a result of factors beyond

Stepan’s control,

We have previously held that a delay in compliance

caused by

a strike beyond Petitioner’s control justifies

the grant

of a Variance.

City of St. Charles

v.

EPA, PCB 74-176,

13 PCB 269

(1974)

.

Balancing the hardship to Stepan if this Variance were

denied,

against the likelihood of environmental damage,

in light

of Stepan’s good faith and imminent compliance,

we find that

a

Variance

is warranted.

This Variance shall be conditioned upon compliance with all

conditions in the Board’s Order in PCB 74-201,

74-270 and 74-317

(consolidated),

supra, as was the Variance grant

in PCB 75-503.

We shall also require that Stepan continue its good faith efforts

to minimize its effluent contaminant concentration,

and submit a

standard Certification of Acceptance.

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that Petitioner

Stepan Chemical Company be granted

a Variance from Rule 404(b)

of

Chapter

3:

Water Pollution,

for discharges from its Millsdale Plant

to the Des Plaines River,

from July 31, 1976 until April

1,

1977,

subject

to the following conditions:

24

—

626

---

7

-di conditions

in the Board’s

7

a

d

74—317

(consolidated)

thr

Board on May

8,

1975 and

It

all

times operate its waste-

-~

to

ainimize effluent contaminant

oractical

under construction

~rjdhin

thirty

(30)

days of

o~te

and

forward

to

the

~ency

Control

Program

Coordi—

-~‘i. Soringfield,

Illinois 62706,

otarcc

in

th

following form:

______

havjng read

a

Poll

ition Control Board in case

L~

I

and

accept said Order, realizing

odes

all terms and conditions

3

I~foreeabIe

SIGNED

TITLE

DATE

att

~derk

of

the Illinois Pollution

~e

ra:

Lie above Opinion and Order were

f

~

1977,

by

a

vote of

4~.

~

/\

Christan

L.

Clerk

Illinois Pollution Control Board

24

—

627