ILLINOIS POLLUTION CONTROL BOARD

March 2, 1972

DEARBORN CHEMICAL DIVISION OF

CHEMED CORPORATION

v.

)

PCB 71—387

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order of the Board (by Mr. Duinelle)

A variance from certain water pollution regulations was

granted for

120

days to,Dearborn Chemical Division of Cheined Cor-

poration (Dearborn) on October 14, 1971 (PCB 71-205) to allow the

company to make arrangements to connect to the Lake Zurich treatment

plant or to make alternative plans to treat the company’s effluent.

The instant petition, filed on December 28, 1971, seeks to extend

the exemption period an additional 139 days.

The Environmental Protection Agency (EPA) has recommended that

the relief be granted without a hearing. We grant the request for

an extension subject to the condition that the company continue

in force the Bond it had posted during the previous period of variance.

The company stated in its petition that it had obtained the

approval on November 8, 1971 of the Village of Lake Zurich to tie

into the municipal treatment plant and that it had subsequently

made a presentation of its plans to the EPA. The EPA in its

Recommendation stated the company’s submission was a preliminary

proposal to which assent was given. Final plans and specifications,

which the EPA must approve before Dearborn can proceed, had not

been submitted as of the date of the filing of the petition. We are

informed by letter from the EPA that Dearborn submitted final plans

and applied for a permit on February 10, 1972. Since the EPA must

act within 90 days of the company’s submission, Dearborn by the

middle of May at the latest, will know how it must proceed. Grant

of this variance of 139 days of additional time will be ample

time for the company to award contract and complete construction

by the July date on which this variance will terminate.

3— 717

---

Dearborn’s bond in the face amount of $20,000 securing the

company’s performance to the EPA of the obligation of not discharging

an effluent in violation of SWB-l4 must be extended to cover this

extended period of variance.

The above constitutes the Board’s findings of fact and con-

clusions of law.

ORDER

The Board having considered the petition and recommendation in

this proceeding hereby extends the variance granted in proceeding

PCB 71-205 for 139 days subject to the condition that Dearborn

continue its posted bond in fOrce with the operative date of the

obligation being extended for 139 days.

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

Board, her~by certify the Board adopted the

abov~

Opinion and Order

on the.~4Mdayof March, 1972, by a vote of

‘Y—Q

Christan L. Moffett,,4)~x~k

74zih~

Illinois Pollution C~f~ro1Board