ILLINOIS POLLUTION CONTROL BOARD

December 11,

1975

ALLIED

CHEMICAL CORPORATION,

)

Petitioner,

v.

)

 PCB 75—111

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

 (by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

 upon Allied Chemical Corporation’s

 (Allied) petition

for a variance from Rules 404(f),

 408(a),

 203(a)

 and 203(f)

for water quality standards and a variance from Rule 921 of

Chapter

 3 and Rule 201 of Chapter 4 of the Regulations for

its mining and milling operations at

 7 locations in Hardin

and Pope counties.

The mining and milling operations for which variance is

requested were acquired by Allied from the Mirierva Oil

Company in March,

 1975.

 Allied and

its

 predecessor at the

subject locations is one of two fluorspar producers conduct-

ing operations in Hardin and Pope counties in Illinois.

These locations produce,

 in the aggregate,

80

 of the domes-

tic production of fluorspar in the United States.

 Allied is

a major domestic producer of fluorspar and zinc ore from its

mining operations.

 The ore is processed at its mill loca-

tions

 to produce zinc,

 fluorspar,

 lead,

 and barite concentrates.

The mining operations in question are all conducted

underground in the shaft mines,

 utilizing drilling, blasting,

and hauling methods of recovery.

 The milling operations

also utilize floatation and heavy media separation pro-

cedures, including grinding mills operating in closed cir-

cuit with wet classifiers.

 This finely ground ore slurry is

then conditioned with chemical agents which promote the

floatation of valuable minerals and the settling~of waste

minerals such as limestone and silica.

The Illinois Environmental Protection Agency

 (Agency)

in its recommendation of April

10,

 1975,

 notes that Hardin

and Pope counties are economically depressed and that Allied

is a principal employer in those counties and that inter-

ruption of Allied’s mining operation would impose a signi-

ficant hardship on both Allied and the surrounding community.

A citizen complaint dated November

8,

 1974, concerning the

turbidity and toxicity of Rock Creek below the discharge

from the pond of one of the subject mills was investigated

428

—2—

by the Agency.

 Although the citizen has not responded to

attempts by the Agency to contact him,

 a biological survey

conducted by the Agency in November,

 1974, showed that the

effluent had little adverse effect on the stream in that

aquatic populations above and below the point of discharge

were comparable.

 Agency investigations of the other installations

resulted in the conclusion that little immediate environmental

harm is being caused by their respective effluents.

The Board, in an Interim Opinion and Order dated May

15,

 1975, ordered Allied to provide a final corporate-

approved compliance plan to the Board by September 1,

 1975.

Subsequent Board orders extended that date until November

1,

1975.

 On November 20,

 1975, Allied notified the Board of

corporate approval and commitment of funds for the execution

of the final proposed compliance plan which had been sub-

mitted August 15,

 1975.

 The Board accepts this as perform-

ance of the May

 15, 1975, Board Order as amended.

Allied’s proposed schedule of compliance entitled

“Design Report on Mining Wastewater Collection and Treatment

Facilities”

 (Compliance Plan)

 was reviewed by the Agency in

accordance with the Board Order of May

 15, 1975,

 as amended.

On September 23,

 1975, the Agency filed a brief in support

of design report indicating their approval of the Compliance

Plan and finding the treatment facilities proposed by Allied

as providing a cost effective and reasonably thorough means

of treatment.

 The Agency, however, warns that the facil-

 ities planned represent the state of the art and the possi-

bility exists that some effluent and water quality viola-

tions may occur.

 The Board agrees with the Agency’s estima-

tion of Allied’s proposed Compliance Plan.

 Allied has, as

of November 18,

 1975, committed $1,300,000 for the implemen-

tation,

 construction, and completion of the pollution abate-

ment program as outlined in their Compliance Plan.

The

schedule of compliance as noted in the Compliance Plan on

page 22

 is as follows:

October

 1, 1975

 January

30,

1976

 Engineering Mobilization, De-

sign Drawings

 & Specifications

February

1,

1976

 April

30,

1976

 Purchasing of Equipment

&

Vendor Drawings

May

1,

1976

 July

30,

1976

 Detailed Drawings

 & Construc-

tion Bid Documents

August 1,

1976

 September

30,

1976

 Bidding Period

 & Evaluation

October 1,

1976

—

 June 30,

1977

 Mobilization

 & Construction

July

1,

1977

 July

30,

1977

 Start—Up

427

—3—

The foregoing compliance schedule is a part of the

proposed compliance plan as provided by Procon, Inc., Des

Plaines, Illinois for Allied, Procon Reference #W-204l,

which is hereby incorporated by reference as though fully

set forth herein.

With regard to the relief required by Allied,

 the Board

finds the following variances to be appropriate:

1.

 Minerva Mine #1 discharging into Running Bear

Branch of Rock Creek which is a tributary of the Saline

River which is tributary of the Ohio River:

 Variance from

Rule 203(f)

 of Chapter

 3 for copper, mercury,

 silver, sul—

fate, and dissolved solids.

2.

 The Gaskins Mine, discharging into the Big Grand

Pier Creek, which is tributary of the Ohio River:

 Variance

from Rule 203(f)

 of Chapter

 3 for mercury and sulfur.

3.

 The Spivey Mine discharging into Goose Creek which

is tributary to Rock Creek which is tributary to the Ohio

River:

 Variance from Rule 203(f) of Chapter

 3 for mercury,

silver,

 sulfate, and dissolved solids.

4.

 Minerva Mill No.

 1, discharging into Rock Creek

which is tributary to the Saline River, which

 is tributary

to the Ohio River:

 Variance from Rule 203(f)

 of Chapter

3

for barium,

 copper, cyanide,

 fluoride, iron, silver, mer-

cury, and zinc;

 variance from Rule 408(a)

 of Chapter 3 for

barium,

 cyanide, iron,

 silver, suspended solids, BOD, and

zinc; variance from Rule 203(a)

 403 and 408(b)

 of Chapter

3

for dissolved solids; variance from Rule 953(a) of Chapter

3, operating permit.

5.

 The Crystal Mill, discharging into a 400-acre

private lake known as the Big Sink:

 Variance from Rule

203(f) of Chapter

 3 for fluoride and Rule 408(a)

 of Chapter

3 for suspended solids.

Allied appears to be in full compliance with Chapter

4

permit requirements, therefore a variance from Rule 201 of

Chapter 4,

 as requested,

 is not needed and is not granted.

Variance from Rule 962 of Chapter

3

 (Previously Rule

 921)

is

also unnecessary and not granted.

 In its Order of May 15,

1975,

 the Board stated “if said compliance plan meets the

approval of the Board,

 a retroactive variance may be granted

the Petitioner.”

 The Board approves the compliance plan as

tendered by Allied and grants variance as indicated above

from March

10,

 1975,

 until

 July 30,

 1977.

This Opinion constitutes the findings of fact and

conclusions of law of the Board in this matter.

428

—4—

ORDER

It is the Order of the Pollution Control Board that

Allied Chemical Corporation be granted variance from Rules

203(a),

 203(f),

 403, 408(a),

 408(b)

 and 953(a)

 of Chapter

3

of the Water Regulations for their facilities at Minerva

Mine

 #1, Gaskins Mine, Spivey Mine, Minerva Mill #1, and the

Crystal Mill,

 as previously stated herein from March 10,

1975, until July 30,

 1977, subject to the following condi-

tions:

(A)

 Allied shall adhere to the compliance schedule as

indicated herein and on page 22 of the compliance plan.

(B)

 Allied shall report their progress toward final

compliance to the Agency by means of quarterly reports

starting on December 31,

 1975.

(C)

 Allied shall at no time during the term of this

variance exceed the current levels of contaminants being

discharged.

(D)

 Within

 30 days of the adoption of this Order,

the

Petitioner shall execute and forward to both the Illinois

Environmental Protection Agency,

 2200 Churchill Road, Spring-

field, Illinois

62706

 and the Pollution Control Board a

Certification of Acceptance and agreement to be bound to all

terms and conditions of this Order.

 The form of said cer-

tification shall be as follows:

CERTIFICATION

I

 (We), ________________________ having read and fully

understanding the Order of the Illinois Pollution Control

Board in PCB 75-ill hereby accept said Order and agree to be

bound by all of the terms and conditions thereof.

Signed

Title

Date

____

Mr. Young abstained.

429

—5--

I, Christan L. Moffett, Clerk of the Illinois Pollution

0 der

 Control Board, hereby certify the above

were adopted on the

_____________

 day of

_____________

l9~5by a vote of

3..p

~

ard

Illinois Pollution

rol

430