ILLINOIS POLLUTION CONTROL BOARD
October 24, 1974
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CATERPILLAR TRACTOR COMPANY
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(Joliet Plant)
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)
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v.
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PCB 74-233
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ENVIRONMENTAL PROTECTION AGENCY
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OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
Petition for variance from the Water Pollution Regulations
(Chapter 3) was filed on June 19, 1974. Variance was requested
from Rules 203, 205, 401, 402, 404(a), 404(b) (ii), 902, 903, and
1002. On June 27, 1974 the Board entered an order for additional
information asking the reasons for the delay in meeting the
biochemical oxygen demand standard (BOD5).
Caterpillar filed an amended petition on July 26. The Agency
filed its recommendation on August 29. No public hearing was held.
The Caterpillar plant, on Route 6 in Joliet, manufactures
earthmoving and construction machinery and equipment and employs
approximately 6,000 persons. Industrial wastewater amounting
to 770,000 gpd is generated by plant utilities, metal removal,
and cleaning and coating operations. The plant processes about
16,400 tons of raw materials (castings, forgings, unformed steel,
etc.) per month. Discharge is to the Des Plaines River.
Caterpillar alleges that the discharge was recently found to
contain levels of BUD5 from 30-100 mg/l compared to the Rule
404(a) standard of 30 mg/i. Using a 7-day, once-in-lU-year, low
flow of 1000 MGD the petitioner alleges a contribution of only
0.3~o additional BOD5 to the Des Plaines River over that normally
present.
The petitioner states that a consulting firm, Clark, Dietz
and Associates, was retained on April 25, 1974 and their final
report is due November 1, 1974. The amended petition also states
that Caterpillar’s regular sampling “until very recently indicated
compliance with existing standards”. An independent comparative
analysis was made and the higher strength discharges were then
discovered. No dates are given for these events.
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The Agency presents Caterpillar’s own Operation Reports giving
monthly averages of 24-hour composite samples:
MONTHOctober,AND
1973YEAR
BUD345mg/i
November, 1973
46 mg/i
December, 1973
27 mg/i
January, 1974
23 mg/.l
February, 1974
25 mg/i
March, 1974
30 mg/i
Aprii, i974
35 mg/i
May, 1974
June, 1974
116 mg/i
The Agency points out that the October and November, 1973 values
are above the 30 mg/i level set by Rule 404(a). It also points out
that Rule 404(b) tightens the BODç effiuent limit to 20 ing/l after
December 31, 1974 and that Caterpfliar should have filed a Project
Completion Schedule prior to December 31, 1972 to tell how this
tighter limit was to be met (Rule i002(b)(iii)). In fact, states
the Agency, the Project Compietion Schedule filed on February 5,
1973 was silent on BUD5 improvement.
The history of the Sanitary Water Board (a predecessor board
to the Pollution Controi Board) with this plant is given by the
Agency. A permit was issued March 14, 1967 limiting BUD5 to 40 mg/i
but the petitioner is quoted as indicating its treatment works
would meet 30 mg/i.
We
do not feei that variance is necessary from Rule 203 because
this rule deals with General Standards and the Des Plaines River
is a “Secondary Contact” classification in the reach of the dis-
charge. A variance from Rule 205 is unnecessary. Rule 401 is
not applicable since it is in the nature of general philosophy
and guidance. Rule 402 does not apply because no water quality
standards violati.ons are shown.
We are thus left withRules 404(a), 404(b)(ii), 902, 903 and
1002. We grant the variance with respect to these Rules. Counsel
for Caterpillar has pointed out that given the low apparent BUD
values, a “tuning-up” or process improvement could have been con-
templated by management without the necessity for new waste
treatment plant construction and for a Project Completion Schedule
which would mention BUD improvement.
Management perhaps saw the December, 1973
-
April, 1974 BUD
values as indicative that operational changes were possible.
Later the true values of the BUD levels were discovered and are
much higher than thought.
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By this opinion we do not mean to excuse the failure of
Caterpillar’s laboratory to adequately measure BUD levels.
Caterpillar maintains responsibility for the actions of its
agent; in this case, the laboratory. Other dischargers are
well advised to periodically have independent checks run on
their analyses to make certain that correct values are being
determined.
Caterpillar has shown good faith by engaging a consultant
on April 25, 1974. A report is due November 1, 1974. However,
Caterpillar might have discovered the incorrect levels of BOD
much earlier had some laboratory quality control procedures
been in effect.
Rules 902 and 903 were replaced by Rules 952 and 953
effective October 11, 1974. Both of the Operating Permit
requirements have been suspended, from October 11, 1974 until
the earlier of January 31, 1975 or the date the Administrator
of the U.S. Environmental Protection Agency rejects the Illinois
NPDES Permit Program submittal, for dischargers who have to
obtain an NPDES permit.
This Opinion constitutes the Board’s findings of fact
and conclusions of law.
ORDER
1. Variance from Rules 203, 401 and 402 is dismissed.
2. Variance from Rules 205, 404(a), 404(b) (ii), 902, 903
and 1002 is granted from June 19, 1974 to January 1, 1975.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order we e
adopted on the
~
day of October, 1974 by a vote of
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Illinois Pollution Control Board
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