ILLINOIS POLLUTION CONTROL BOARD
    April
    5,
    1973
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    VELSICOL CHEMICAL CORPORATION,
    Respondent,
    )
    PCB 72—326)
    )
    Consolidated
    VELSICOL CHEMICAL CORPORATION,
    )
    PCB 72-351)
    Petitioner,
    vs.
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Thomas A.
    Cengel, Assistant Attorney General for the EPA
    Neil
    R. Mitchell, Attorney for Velsicol Chemical Corporation
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss)
    Velsicol Chemical Corporation manufactures chemicals,
    including an insecticide called chlordane,
    near Marshall, Illinois.
    The manufacturing plant is located near
    a branch of East Mill
    Creek which has received the Velsicol effluent and runoff from
    the Velsicol land.
    Water from this branch eventually reaches
    the Wabash River.
    In August 1972 the EPA began a prosecution of
    Velsicol
    alleging that the Company had allowed the discharge of chlordane,
    boron and fluoride to the Creek on November 4,
    1971, January 12,
    1972 and July 12,
    1972 and that this had caused water pollution,
    a nuisance, and a toxic condition of the Creek.
    It was also
    alleged that Velsicol had operated a treatment facility which did
    not adequately provide for removal of color, odor or turbidity
    from the effluent.
    These discharges are alleged to have violated
    Section 12(a)
    of the Environmental Protection Act; Rules 1.03(c)
    and
    (d), 1.05(d), and 1.08—lO(b) (3)
    of SWB—l4; Rule 203(a),
    (f) and
    (h)
    and Rule 403 of Chapter
    3, Water Pollution Regulations of
    Illinois.
    7
    455

    —2—
    Velsicol filed an answer admitting that its discharge
    contained boron and fluoride in concentrations exceeding those
    allowed under Chapter
    3, Rule 203(f) Pollution Control Board
    Rules and Regulations.
    The other allegations were denied.
    The Company also requested
    a variance from those provisions
    of the Statute and the Regulations which had been cited by the
    Environmental Protection Agency,
    until the Companyt s plan could
    become operational for the filtration of
    the effluent and the
    injection of it to
    a deep disposal well.
    In the variance
    petition it was indicated that the deep well disposal system
    might become operatiànal around July 31,
    1973.
    The Agency recommended that the variance petition be denied.
    It was the EPA position that Velsicol had known for several years
    that it was in violation and that any hardship
    a’t this point in
    complying with the Regulations was self-imposed.
    The parties appeared for a hearing but submitted
    a
    Stipulation of Facts in lieu of testimony.
    No members of the
    public appeared.
    We accept the Stipulation and order the prose-
    cution and variance cases consolidated for the purpose of decision.
    From the Stipulation it appears that Velsicol has operated
    the manufacturing plant since 1936.
    The plant effluent averages
    402,000 gallons per day of which 72,000 gallons is alkaline
    brine—-hypochlorite wastes from the manufacture of chlordane.
    The remaining 330,000 gallons comes from surface drainage, power
    house and cooling
    towers, oil—water separator effluent, product
    storage
    tanks and wastes from processing units other than
    chlordane.
    In 1965 the Company obtained a permit from the
    Sanitary Water Board to operate
    a deep well for disposal of the
    contaminated brine.
    The deep well was used for that purpose
    until March 1972.
    All other process wastes have been treated
    in
    a series of lagoons and holding ponds.
    In March 1972 Velsicol
    received a permit from the EPA to install and operate
    a second
    deep disposal well.
    Since that time the alkaline brine, hypo-
    chlorite wastes have been injected into the second well and
    the first well has been reserved for backup purooses.
    The
    injection zone of the deep well
    is more than 2400 feet below
    ground level in an area which contains wat.er~of over 15,000
    mg/l total dissolved solids.
    In August 1972 soon after this Coi~plc~intwas filed by the
    EPA,
    the Company applied for a permit
    to
    install
    an’
    operate
    surface facilities for injection of all plant effluent to the
    second disposal well and for installation
    of
    a monitorinq well.
    The facilities were designed to recycle some of
    the waste water
    for reuse and to filter out some of the suspended solids and
    /
    456

    —3—
    hydrocarbons prior to injection.
    It
    was
    anticipated that the
    new facility would cost about $375,000 and be operational by
    April
    1,
    1973, with all effluent into the unnamed branch of
    the East Mill Creek being stopped by April
    15,
    1973.
    The EPA
    issued a permit for this installation on October 23, 1972.
    It was further stipulated that Agency investigators visited
    the site on the dates charged and observed the Velsicol effluent
    and the receiving stream, collecting samples at intervals up to
    4 miles downstream from the effluent discharge point.
    They also
    took a number of photographs which were incorporated into the
    record.
    The EPA investigators stated that the effluent had a
    strong chemical odor, appeared slightly milky in color and
    contained a noticeable surface oil.
    The oil was from an over-
    flow of
    a gasoline type product and the milky color was from an
    overflow of the lime settling lagoon due to heavy rainfall.
    On
    other occasions
    the effluent was observed to have a light
    turbidity,
    a dark bro~ncolor and a pungent odor.
    On all three
    dates levels of chiordane and chloride in
    the receiving stream
    were in concentrations or combinations toxic or harmful to aquatic
    life.
    On November
    4,
    1971 and July 12,
    1972 there was also an
    excessive level of boron in the receiving stream.
    On July
    12,
    1972 the level of boron in the stream was 37.5 mg/i, whereas
    Rule
    203(f)
    provides for a maximum level of 1.0 mg/i.
    It was
    aoroed that some or all of the boron, chiordane and fluoride
    in
    the receiving stream had come from the Velsicol plant effluent.
    On January 12,
    1972
    a biologist employed by the EPA performed
    a biological survey of the receiving creek to determine the
    stream environments downstream from the Velsicol discharge.
    He
    determined that aquatic life criteria for pH, dissolved oxygen
    and temperature were adequate to support life at all stations sampled
    by the biologist.
    however,
    no aquatic
    life was actually observed in
    these areas of the stream.
    Velsicol Chemical Corporation has operated its facilities
    under the assumption that the effluent and Water Quality Standards
    of SWB-14 were not applicable until July 1972.
    The Environmental
    Protection Apency contends that the Water Quality Standards of
    SWB-l4 have been applicable since the adoption of SWB-l4 in 1967.
    We do not believe that the Sanitary Water Board intended to create
    a five year vacuum in water quality standards.
    SWB—l4 was
    effective April
    1,
    1968.
    See:
    Beardstown Sanitary District
    vs.
    EPA
    (PCB 72-232).
    ~‘7efind that Velsicol did violate each of the
    Statuatory or Regulatory provisions
    as charged by the Environmental
    Protection Ag~ncy.
    As
    part of the Stipulation
    the
    parties have suggested that
    this Board order Velsicol Chemical Corporation to cease and desist
    7
    457

    —4—
    from further violations
    of the Environmental Protection Act
    and the Rules and Regulations of the Pollution Control Board
    by taking all steps necessary to promulgate its proposed
    program including:
    the installation and operation of all
    surface facilities for deep well injection by April
    1,
    1973;
    the deep well injection of all effluent and land runoff from
    the Velsicol Chemical Corporation’s Marshall, Illinois plant
    by April
    1,
    1973 and the posting of a performance bond in the
    amount of $150,000 to guarantee performance of the foregoing
    conditions.
    The parties state that the determination of the
    amount of monetary penalty should be left to the Board’s
    discretion.
    We note that the deep, well method of disposal of wastes
    continues
    to arouse some controversy.
    Serious study of this
    method of waste disposal does continue.
    However,
    the Institute
    for Environmental Quality in R7l—6 indicated that our current
    regulations adequately cover
    this subject.
    Information currently
    available to us leads us to believe that the Velsicol program
    is
    a good one and is
    a reasonable means of protecting another
    endangered Illinois stream and the interstate Wabash River.
    We, therefore,
    approve of the deep well project as stipulated
    in this case.
    Velsicol’s past attempts at some form of control, cooperative
    attitude and current expenditures of $375,000 for pollution
    control all mitigate against the imposition of
    a large monetary
    penalty.
    Based on the facts of this case a monetary penalty in
    the amount of $5,000
    is appropriate.
    ORDER
    It is ordered that:
    1.
    Velsicol Chemical Corporation is hereby granted
    variance from the statutes and regulations enumerated
    in paragraph
    2 of this Opinion until April
    15,
    1973.
    2.
    After April 15, 1973 Velsicol Chemical Corporation
    shall cease and desist from the violations found
    herein by taking all steps necessary to promulgate
    its proposed program including:
    a)
    The installation and operation of all surface
    facilities for deep well injection by April
    15,
    1973,
    b)
    The deep well injection of all effluent and
    land runoff from the Velsicol Chemical Corporation’s
    Marshall, Illinois plant by April
    15,
    1973.
    7
    458

    —5—
    c)
    The posting of
    a performance bond in the
    amount of $150,000 for a period~of one
    year in a form satisfactory to the Agency
    to guarantee performance of this cease and
    desist Order.
    The performance bond shall
    be posted within 35 days of the date of
    this Order.
    3.
    Velsicol Chemical Corporation shall pay to the
    State of Illinois the sum of $5,000 for violations
    found herein.
    Penalty payment by certified check
    or money order payable to the State of Illinois
    within 35 days shall be made to:
    Fiscal Services
    Division, Illinois Environmental Protection Agency,
    2200 Churchill Road,
    Springfield, Illinois 62706.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order was adopted this
    5th
    day of April,
    1973 by a vote of
    41
    to
    ~
    7
    459

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