CLERK’S

OFF!C~E

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

M~L1Y 2

2

2003

IN THE MATTER OF:

SITE-SPECIFIC RULE FOR CITY

OF EFF1NGHAM TREATMENT

PLANT FLUORIDE DISCHARGE,

35

ILL. ADM. CODE 304.233

STATE OF IWNOIS

Pollution

Control Board

R03-1

1

(Site-Specific Rulemaking

-

Water)

NOTICE

OF

FILING

TO:

Ms. Dorothy M. Gunn

Clerk ofthe Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois

60601

(VIA FIRST CLASS MAIL)

(SEE

PERSONS ON ATTACHED LIST)

John C. Knittle, Esq.

Hearing Officer

Illinois Pollution Control Board

1717 Philo Road

Suite

25

Urbana, Illinois

61826

(VIA FIRST

CLASS MAIL)

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Illinois

Pollution Control Board an original and

nine copies ofthe

PETITIONERS’

POST-

HEARING

PUBLIC COMMENTS,

attached herewith, copies ofwhich are hereby

served upon you.

Dated:

May 19, 2003

N. LaDonna Driver

David M. Walter

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois

62705-5776

(217) 523-4900

Respectfully submitted,

CITY OF EFF1NGHAM,

BLUE BEACON INTERNATIONAL, INC.,

and TRUCKOMAT CORPORATION,

Petitioners,

By:

One oftheir Attorneys

)

)

)

)

)

)

TifiS FILING

SUBMITTED ON RECYCLED

PAPER

---

CERTIFICATE OF SERVICE

I, David M. Walter, theundersigned, hereby certify that Ihave served the attached

PETITIONERS’ POST-HEARING PUBLIC COMMENTS, upon:

Ms. Dorothy M. Gunn

Clerk ofthe Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois

60601

John C.

Knittle, Esq.

Hearing Officer

Illinois Pollution Control Board

1717 Philo Road

Suite 25

Deborah J. Williams, Esq.

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North GTand Avenue East

Post Office Box

19276

Matthew R. Hortenstine, Esq.

122 East Washington

Post Office Box 668

Effingham,

Illinois

62401

Urbana, Illinois

61826

Springfield, Illinois

62794-9276

by depositing said documents in the United States Mail, postage prepaid, in Springfield,

Illinois on May 19,

2003.

David M. Walter

BLT.JE:OO1/FilingsfNOF-COS

-

Public comments

---

CLERic’S

OFF7(~

BEFORE THE ILLINOIS POLLUTION

CONTROL

BOARD

IWMY

22

2003

IN

THE

MATTER OF:

)

STATE

OF IWNOJS

)

Pollution Control Board

SITE-SPECIFIC RULE

FOR CITY

)

R03-1 1

OF

EFFINGHAM TREATMENT

)

(Site-Specific Rulemaking

-

Water)

PLANr FLUORIDE

DISCHARGE,

)

35

ILL.

ADM.

CODE 304.233

)

NOW COME the CITY

INTERNATIONAL, INC. (“BBI”),

and TRUCKOMAT CORPORATION

(“Truckomat”) (collectively “Petitioners”),

by and through their attorneys, HODGE

DWYERZEMAN (“HDZ”),

and hereby provide the

Illinois Pollution Control Board

(“Board”) with post-hearing public comments, including responses to questions

and

requests for additional information by the Board’s technical staff at the hearing.

I.

SUMMARY OF

RELIEF REOUESTED

As explained more fully in the Petition and at the

April 11, 2003,

hearing

(“Hearing”), the Petitioners are seeking a

site-specific effluent limit for fluoride for

discharges from the City’s Publicly Owned Treatment Works (“POTW’),

including

wastewater from BBI and Truckomat’s Effingham facilities.

The Board’s effluent

regulations require, at Section 304.105, that effluent from the City not cause an applicable

water quality standard to be exceeded.

35 Ill. Admin.

Code

§

304.105.

The general

numeric water quality standard for fluoride, which is set forth in

Section 302.208(g), is

1.4

mg/L.

35

Ill.

Admin.

Code

§

302.208(g).

---

II.

WHAT ‘IJIE EVIDENCE HAS SHOWN

The City is a transportation hub located at the intersection ofInterstate 57 and

Interstate 70.

Pre-filed Testimony ofSteve Miller (“Miller”) at 2.

The City has numerous

industries, motels,

hotels andrestaurants.

Miller at 2.

The City has a population of

12,022.

Millerat2.

The City’s POTW utilizes an oxidation ditch treatment system with tertiary rapid

sand filtration.

Miller at 3.

This treatment system is designed to

address biological

oxygen demand, and to remove suspended solids and carbonaceous biological oxygen

demand.

Miller at 3.

Like most municipal treatment plants, however,

it is not designed to

remove soluble inorganic anions such as fluoride.

Miller at 3.

The City’s POTW discharges its wastewater to an unnamed tributary ofSalt

Creek, pursuant to

a National Pollutant Discharge Elimination System (“NPDES”) permit

issued by the Illinois Environmental Protection Agency (“IEPA” or “Agency”).

Miller at

3.

A modified NPDES

permit (No.

1L0028622) was issued to the

City on March 30,

2000.

Miller at

3.

The 2000 Permit established a daily maximum fluoride discharge limit for the

City’s POTW of8.6 mg/L “from the

effective date ofthe modified permit i.e.,

November 1,

1998

until the attainment of operational level ofthe new sewage treatment

plant.”

Miller at 3.

Once the City’s new sewage treatment plant became operational, the

permit specified that the daily maximum fluoride discharge limit would become

1.4 mg/L.

Miller at 3.

This

1.4 mgfL daily maximum fluoride discharge limit in the Permit is based

on the water quality

standards set

forth in Section 302.208(g) ofthe Board’s regulations.

2

---

Miller at 3-4.

This limitwas apparently established based on a 7-day,

10-year (“7Q1 0”)

low flow value ofzero for the unnamed tributary ofSalt Creek.

Miller at 4.

In other

words, for the case ofno flow in the receiving water (i.e., 7Q10 ofzero), the discharge

itselfwould be required to meet the water quality standard for fluoride.

Miller at 4.

In

June 2001, the City’s new sewage treatment plant became operational, and the

1.4 mg(L

daily maximum fluoride discharge limit went into effect.

Miller at 4.

The background concentration offluoride in the City’s wastewater is

1.0 mg/L,

since fluoride is added.to the City water supply for dental health purposes.

Miller at 4.

As

a result, only a small amount offluoride for industrial loading can be allowed, and the

industrial discharge limit must be extremely stringent, in order for the City to comply with

the general water quality standard of1.4 mg/L.

Mile at 4.

Following the issuance ofthe NPDES permit, with the fluoride discharge limit of

1.4 mgfL, the City attempted to determine the sources ofthe fluoride in its wastewater

and to develop local limits for fluoride for those sources.

Miller at 4.

Industry sampling

identified four Efflngham industries as the primary sources offluoride in the City’s POTW.

Miller at 4.

These four industries consist oftwo BBI truck washes, a Truckomat truck

wash, and another industry named Fedders.

Miller at 4.

Fedders has discontinued its

activities and is no longer a source offluoride.

Miller at

5.

BBI and Truckomat wash the exteriors ofover-the-road trucks, using chemicals

(soap and brightener) applied with high~pressurewands.

Prefiled Testimony ofMike Rose

(“Rose”) at 2-3.

The brightener used to wash the trucks contains hydrofluoric acid

(“HF”), which is the source ofthe fluoride in the wastewater from the subject facilities.

3

---

Rose at 2-3.

The HF chemically removesthe

aluminum oxide

coating, which forms on the

exposed aluminum surface of over-the-road trucks.

Rose at 3.

In addition,

HF removes

film from a truck’s paint by the simple process ofspraying on and washing off.

Rose at 3.

This allows trucks to be cleaned without the use ofa brush, which virtually eliminates the

possibility ofscratching a vehicle and decreases the waiting time for drivers.

Rose at 3.

In order to meet its new NPDES discharge limit of 1.4 mgfL, the City calculated a

preliminary pretreatment discharge limit of2.54

mg/L for each ofthe four industrial

sources offluoride in the City.

Miller at 4.

This preliminary pretreatment discharge limit

was never adopted by the City, because it did not appear to be obtainable by the industrial

sources.

Miller at 4.

The average and maximum fluoride concentrations from the City’s

sampling event were 44

mgIL and

120 mg/L, respeôtively, at one BBI truck wash and 87

mg/L and

130

mgLL,

respectively, at the other BBI truck wash.

Miller at

4-5.

The

average and maximum fluoride concentrations for the City’s sampling

event at Truckomat

were 39 mgfL and

100 mg/L,

respectively.

Miller at

5.

Wastewater pretreatment at the truck wash facilities is accomplished by providing

retention in a settling pit, which is designed to remove heavy solids by gravity settling.

Rose at 2.

Soluble parameters such as fluoride are not removed in the settling pit and are,

therefore, discharged to the City’s municipal sewer system.’

Rose at 2.

There is no

feasible treatment option forthe fluoride in the discharge from BBI and Truckomat.

As discussed in response to Board Question Nos.

23

and 24,

this

solubility prevents use offluoride re-

use or recycle systems.

4

---

Rose at 4.

BBI and its

consultants, Shepard Engineering, Incorporated, completed bench

tests using untreated truck wash wastewater samples.

Rose at 4.

During the bench tests,

27 jar tests were completed, which revealed that the lowest practicable fluoride removal

level for the truck wash facilities was in the range of 10 mgfL.

Rose at

4.

This is a

significantly greater level than the pretreatment discharge limit of2.54

mgfL proposed by

the City.

Rose at 4.

Accordingly, it is not technically feasible forBBI or Truckomat to

achieve the fluoride limit proposed by the

City.2

Rose at 4.

In turn, it will not be possible forthe City to

comply with the water quality

standard for fluoride.

Pre-filed Testimony ofMax Shepard (“Shepard”) at 7.

Pretreatment by the City is also not technically practicable, due to the same limitations

as

were found with treatment at the truckwashes.

Shepard at

7.

Despite the addition of

wastewater from other sources, at the City’s POTW, the lowest practicable fluoride

removal level that could be achieved by the

City still greatly exceeds the current fluoride

effluent limit.

Shepard at 7.

After determining the sources ofthe fluoride in its

discharge, and reviewing the

sampling data against the preliminary discharge limit, the City worked with BBI,

2

Though the bench tests did not achieve fluoride reduction that would be required to comply with the

discharge limits

at issue,

cost estimates

were developed forwastewater treatment systemsforthe

three

truck

wash operations in the City.

Rose at

4.

The estimated total capital

cost forthis equipment (i.e., for

separate

systems at each ofthe three locations) is

$1.5

million, based on a design wastewater flowrate of

30,000 gallons

per day at each location.

Rose at

4.

Moreover,

it is estimated that the chemicals,

operating labor, sludge disposal, maintenance and depreciation associated with

such awastewater

treatment system would cost $600,00O

annually.

Rose at

4-5.

If

an attempt were madeto recoup this

annual

operating costby

increasing prices, the

price

ofa wash would increase approximately

13 percent,

i.e., an additional

$5.00 every time atruck

is washed.

Rose at

5.

Such drastic increases would cripple the

truck wash operationsin the

City, particularly

since there

are a

number

oftruckwash competitors

within

driving

range

ofthe

trucks utilizing these services.

Rose at

5.

Thus, even

ilit

was

technically

feasible

using the available

technology

to achieve the fluoride standard currently imposed, which

it is not, the

costs ofsuchtechnology would be prohibitively expensive. Rose at

5.

5

---

1

Truckomat,

Shepard Engineering Incorporated and the Agency to determine an acceptable

fluoride discharge level,

which has been determined to be

4.5

mg/L.

Miller at

5;

Shepard

at 2.

This level is consistent with the historical discharge from the City.

Shepard at 5.

Indeed, the

effluent fluoride concentration in the City’s wastewater discharge ranged from

1.4 mg/L to 4.8 mg/L from January 1999 through December 2001.

Shepard at

5.

The

average discharge fluoride concentration during that time period was 2.73

mg/L for 45

sampling events.

Shepard at

3.

The proposed site-specific fluoride effluent standard of4.5

mgfL will be protective

ofthe waters ofthe State located downstream.

Shepard at 9.

Based on empirical data,

the fluoride levels in the City’s

discharge are not having an adverse impact on the City of

Flora water supply fluoride levels downstream.

Shepard at 3.

During the years

1999 and

2001, the

effluent discharged from the City’s POTW exhibited a fluoride concentration

ranging between 1.5 mgfL to 4.8 mg/L.

Shepard at

3.

Nevertheless, 0.51

mgfL

was the

highest concentration offluoride detected downstream on the Little Wabash River in the

City ofFlora’s raw water supply intake during those same years.

Shepard at

5.

Thus, the

historic levels offluoride discharged in the effluent from the City’s POTW have clearly not

affected downstream use ofthe water by the City ofFlora.

Shepard at

5.

During discussions with technical staff from the EPA prior to the submittal ofthe

Petition, the EPA requested a more comprehensive evaluation ofthe impact of

evaporation,on the expected fluoride levels in the affected streanisegments during low

flow periods.

Shepard at

5.

On behalfofthe Petitioners,

and at the request ofthe IEPA,

Shepard Engineering, Incorporated conducted water balance and fluoride balance

6

---

calculations on the stream segments in question.

Shepard at

5.

These calculations by

Petitioners demonstrate that using the standards proposed herein, the City ofFlora’s water

supply will not exceed 2.0 mgfL fluoride, even under 7Q10 low flow conditions and taking

evaporation into consideration.3

Shepard at

5-6.

Commonwealth Biomonitoring, Inc.

(“CBI”), Itidianapolis,

Indiana, conducted a

detailed scientific assessment ofthe effects of fluoride on the water downstream from the

City’s POTW.

Shepard at

10.

To determine a site-specific effluent limit for fluoride that

would be protective of aquatic life downstream from Efflngham, Illinois,

fluoride toxicity

data, as well as water quality and bioassessment data from the receiving stream, were

collected and

analyzed.

Shepard at

10.

Bioassessments from CBI and the EPA demonstrate that fluoride from the City’s

POTW discharge is not

causing any harm to aquatic life.4

Shepard at

10.

In addition,

studies published in the scientific literature demonstrate that sensitive aquatic.speciescan

exist in waters with higher fluoride concentrations than those proposed by Petitioners for

the site-specific water quality and effluent standards.

Shepard at

10.

Finally, because of

the hardness ofthe water for which

site-specific relief is sought, higher concentrations of

fluoride are acceptable

and will not be detrimental to the environment.5

Shepard at

10.

~

To further

insure

that fluoride levels at Flora never exceed

2.0

mg/L,

Petitioners will

conduct

sampling during times of low flow.

Tr. at

45, 53-69.

“

This includes, but is not

limited to, threatened

and

endangered species.

Tr. at 82.

~

As

set forth further below, evenusing the lower hardness values preferred by the IEPA, the proposed

effluent limit is

still protective of aquatic life.

7

---

Thus,

site-specificrelief requested can be granted without any harm to

either

aquatic life or the environment.

Shepard at

10.

As the testimony at hearing demonstrated, and

as stated in the response to the

Board’s questions prior to hearing, BBI has made extensive efforts to find an alternative

brightener, but has not found one that provides suitable results.

Tr.

at 95-103; Petitioners

Response to

Question 23.

The negative economic impact that would occur, ifthe truck

washes in the Citywere forced to

abandon the HF brightener and use an inferior product,

would be severe.

Rose at 5.

Specifically, BBI projects that the loss ofHF brightener

would result in annual revenue loss of$300,000 per double bay location.

Rose at 5.

This

correlates to a total economic loss of $900,000 in the City, based on the decrease oftruck

wash revenue alone.

These economic losses would be compounded by the lost revenue

for other associated businesses (e.g., restaurants, truck stops, motels,

etc.), as well as loss

ofemployment.

Rose at 5.

It is also projected that the loss ofHF brightener would result

in the loss ofseven to eight employees per truckwash location

—

a total of21

to 24 lost

jobs in the

City.

Rose at

5.

Given the industrial and transportation presence in the Efflngham area, truck

washes are an important industry in,

and

source ofincome for, the City.

Rose at

6.

Indeed, the Average Daily Traffic Report for 2001 indicates that 47 percent of the

approximately 33,100 vehicles travelling on Interstate 57 and Interstate 70 are semi-

trucks.

Rose at 6.

The drivers,of these 15,557 trucks make a substantial contributionto

the Efflngham community each day.

Rose at 6.

It is estimated that,

on a daily basis,

an

average of 1,000 truck drivers purchase fuel in the

City.

Rose at 6.

The drivers ofthese

8

---

trucks spend an average of$71.00 per person in the City, i.e.,

$71,000

contributed to the

local economy on

a daily basis.

Rose at 6.

Statistical research has shown that truck

drivers generally stop for a truck wash, fuel,

and food at the same time.

Rose at

6.

An

average of26 percent ofthe 1,000 truck drivers stopping daily for fuel in the City will also

obtain a truck wash, at an average cost of$37.50.

Rose at 6.

This does not eventake

into consideration the dollars spent by these truck drivers at local restaurants or hotels.

Rose at 6.

Ifthese truck drivers travel through or around the

City to obtain a truck wash

elsewhere, these restaurants and hotels will be impacted, as well as the truck washes

and

filling

stations.

Rose at 6.

Thus,

in order for the City to meet its fluoride limit, thesebusinesses would be

severely hampered, ifnot eliminated.

Miller at

5.

The continued operation ofindustries

like BBI and Truckomat is important to the City.

Miller at

5.

Indeed, the loss ofthese

industries could have a severe negative impact on the City, as well as the surrounding

areas.

Miller at

5.

Adoption ofthe proposed site-specific effluent

standard will allow

socially and economically valuable services located in Effingham, Illinois,

to continue.

Rose at 1.

In their pre-filed testimony and

at the Hearing, Petitioners

have demonstrated that

treatment to a generaifluoride water quality standard of 1.4 mgfL is neither technically

feasible nor economically reasonable for the unnamed tributary ofSalt Creek from the

point ofthe City’s

discharge to a point approximately 44 miles downstream.

Petitioners

also demonstrated that the elimination offluoride-based chemicals from BBI and

Truckomat’ s facilities would have a severe negative economic impact on the industries, as

9

---

well as the City.

Moreover, Petitioners

demonstrated that the fluoride effluent standard

requested will not harm the aquatic

life

in the waters downstream ofthe City’s

discharge

or have a negative impact on the current use ofsurface waters as a public water supply.

ifi.

ADDITIONAL

INFORMATION PROVIDED

TO THE BOARD

No members ofthe public

attended the hearing.

Hearing Transcript (“Tr.”) at 6,

115.

Moreover, the Agency indicated its support for the technical foundation ofthe relief

requested and recommended that regulatory relief in the form ofa site-specific rule

making be granted to the Petitioners.

.Tr.

at

17.

At the Hearing, the Board’s technical staff raised some further questions,

and

requested that Petitioners provide theBoard with some further specific information along

with Petitioners public comments.

In responseto these questions and in accordance with

these requests,

the following additional information is being provided for the Board’s

consideration.

1.

At the Hearing, in response to a question from Board Chairman Johnson,

Petitioners indicated that the Village ofLouisville has a forty-year contractto. receive its

water from B J Water Corporation.

Tr.

at 61.

Petitioners are providing the Board with a

copy ofthat forty-year contract between the Village ofLouisville and E J Water

Corporation, for the purchase and sale ofwater.

$~

Water Sales Contract attached as

Exhibit A, hereto.

2.

At the Hearing, Chairman Johnson also inquired as to whether the City of

Flora had been notified ofthis rule making, and whether there was any intent to notify the

City ofFlora other than through the notification by publication.

Tr.

at 59.

N. LaDonna

10

---

Driver, ofHDZ, contacted the City Administrator ofthe City ofFlora on May 31, 2002

and left a voicemail message notifying the City ofFlora ofPetitioner’s intent to file this

Petition with the Board.

~

Affidavit ofN. LaDonnaDriver,

attached as Exhibit B,

hereto.

3.

As requested by Board technical

staff member, Alisa Liu, during the

Hearing (Tr.

at 76), Mr. Greg Bright performed some recalculations ofthe final chronic

value for fluoride, utilizing the Agency’s preferred hardness values of13 0-143 mg/L for

the receiving stream.. These recalculations resulted in final chronic values for fluoride of

4.7 mgfL and 5.2 mg(L respectively.

Thus,

utilizing the Agency’s preferred hardness

values, Mr..

Bright, like the Agency,

still concluded that the proposed effluent limit for

fluoride would be protective of the freshwater aquatic life in the receiving stream.

$~

correspondence from Greg Bright regarding recalculations, attached as Exhibit C, hereto.

4.

The Board’s technical staff asked Petitioners to describe any worker or

user safety hazards associated with BBI’s current truck wash chemicals.

Tr.

at 113-114.

Accordingly, a Material Safety Data Sheet (“MSDS”) for the brightener used by BBI

is

attached as Exhibit D, hereto.

5.

As noted at Hearing, the relief requested by Petitioners will be protective

ofall

aquatic species, and not just those that are threatened or protected.

~

Tr.

at 82.

Nevertheless, in response to the Board technical staff’s request

(Tr.

at 81-83), the

Petitioners also specifically investigated with the Agency the issue ofthreatened and

endangered species.

On April 14, 2003, the Petitjoners were notified by the Agency that,

based upon the Agency’s discussions with the Illinois Department ofNatural Resources,

11

---

there are no threatened or endangered species in the receiving waters affected by the

proposed site-specific rule.

It is Petitioners’ understanding, based upon communications

with the Agency, that the Agency will be providing the Board with this

information, in the

Agency’s pubic comments.

6.

The Board’s technical staff asked BBI to

contact the Illinois Waste

Management and Research Center (“WIVIRC”) regarding possible alternatives to the HF

brightener that

is currently used by BBI.

Tr. at

111.

In addition, the Board’s technical

staff asked BBI to examine some information about alternate brighteners that the Board’s

technical staff had obtained from the internet.

Tr.

at 106-109.

As requested, BBI

contacted the WMRC and examined the information regarding alternate brighteners.

Nevertheless, neither effort produced a viable alternative to .the relief requested herein.

The results ofthis additional exploration by BBI are attached as Exhibit E hereto.

A

memorandum regarding other recent test results by BBI,

in its search for an alternative to

the HF brightener is attached as Exhibit F,

hereto.

1V.

WHY RELIEF

FROM SECTION

304.105 IS

PROPER

The testimony at the hearing demonstrated that the Petitioners

haveworked

closely with the Agency on this issue over the course ofthe last several months.

And,

on

page one ofits Pre-filed Testimony, the Agency notes that it is in substantial agreement

that the rulemaking change proposed by the Petitioners is necessary.

Nevertheless, in its

Pre-filed Testimony and again at hearing, the Agency suggests that the water quality

standard forthe receiving stream should be modified, instead ofthe Board simply granting

12

.

.

---

relief from

Section 304.105.

The relief sought, however,

is consistent with this Board’s

precedent.

A.

The ReliefSought By Petitioners Is Consistent With Board Precedent.

As the Agency recognizes on page

5

ofits pre-filed testimony, thePetitioners’

approach in not requesting a change in the water quality

standard is consistent with several

recent Board decisions.

As

noted at hearing, as recently as June 6, 2002,

the Board

denied a petitioner’s request for relief from the water quality standards ofSection 302.208

ofthe Board’s regulations and granted relief from Section 304.105 instead.

In the Matter

of:

Material Service Corp.

Petition for an Adjusted Standard, AS

02-1, 2002

Ill.

Env.

Lexis 335

at

*2 (IPCB, June 6, 2002).

The Board reasoned that granting relief from the

water quality standardwould be too

expansive and could have the

effect ofgiving other

dischargers located on the stream the same relief as the petitioners, even though the other

discharges had not made (and

may not have been ableto

make) the same demonstrations.

j~at *16_*19

Similarly, In the Matter of:

Petition ofRhodia. Inc., AS 01-9 (IPCB, January

10,

2002), the Board denied a petitioner’s request for relief from the water quality standards

ofSection

302.208, as unnecessary, and granted relief from Section 304.105

instead~The

Board stated that relief from Section 302.208 was unnecessary, since the petitioner would

be exempt from causing or contributing to water quality violations up to the concentration

limits the petitioners had proposed. j~.at 10.

The Board has explained that, by granting relief in such circumstances from

Section 304.105,

instead offrom the water quality standards, the relief is limited to the

13

---

petitioners seeking relief and other dischargers are still required to meet the generally

applicable water quality standards.

Inthe Matter of:

Petition ofthe Rhone-Poulenc Basin

Chemical Co., AS 94-7,

1994 WL 449082 at

1

(IPCB, August

11,

1994).

Moreover, in

such cases where the general water quality standard is not changed, the Board has

specifically directed the Agency to revise the petitioners’ NPDES permit consistent with

the relief granted by the Board from Section 304.105.

In the Matter of:

Petition ofthe

Rhone-Poulenc Basin Chemical Co., AS 94-7, 1994 WL 449082 at

*17 (IPCB, June 23,

1994).

Thus, there is ample precedent for the Board to grant the Petitioners the relief

from Section 304.105 that has been requested.

Moreover,

such relief is not inconsistent

with federal law.

B.

Contrary

To The A2ency’s Claims,

Consistent With Federal Law, The

Board

Can Grant Permanent Relief From Water Ouality Standards.

In its

Pre-filed Testimony, the Agency indicates that for the Board to grant

a

discharger indefinite or permanent permission to violate a water quality standard is

inconsistent with federal law.

Pre-filed Testimony at 8.

The Agency provides no citations

in support ofthis argument,

however.

Moreover, 40 C.F.R.

§

131.13

specifically grants

States the authorization to, in their discretion, include in their standards policies generally

affecting their application and implementation,

including as to how the standard applies

during low flows.

.

The Board has long

recognized that it has the authority to grant permanent relief in

the form of a site-specific rule, pursuant to Section

27 ofthe Act (415 LLCS

5/27).

$.~,

~

Midwest Rubber Reclaiming Div.

v. EPA, No 89-85, 1989

Ill. ENV LEXIS

627

at

14

---

*

1, (IPCB, May 25,

1989); Inthe Matter ofMarathon Oil Co.’s Petition for Site-Specific

Rule Change to

35 Ill.

Admin Code 303.323, No. R91-23,

1993 Ill. ENV LEXIS

1021

(IPCB Oct.

7,

1993).

In the past, the Agencyand the USEPA have also

recognized that

the Board may grant

specific facilities permanent relief from the general use water quality

standards.

LTV Steel Co.

v. EPA, No. 91-49, 1995 Ill. ENVLEXIS 593

at

*1

(IPCB,

June 1,

1995).

In its Pre-filed Testimony,

the Agency contends that Section 402 ofthe Clean

Water Act (“CWA”) (33 U.S.C.

§

1342) and Section 39 ofthe Illinois Environmental

Protection Act (“Act”) (42 ILCS

5/39)

prohibits the Agency from issuing an NPDES

permit that will violate the water quality standard.

Pre-Filed Testimony at 8.

Nevertheless, Section 402 ofthe CWA and Section 39 ofthe Act do

not prohibit issuance

ofan NPDES permit, here, because the site-specific relief prevents the City’s discharge

from violating the water quality standard.

Indeed, pursuant to 40 C.F.R.

§

131.13 the

Board has discretion regarding the application and implementation ofits water quality

standards, including how a standard applies during low flows.

In support of its Pre-filed Testimony, the Agency also relies on correspondence,

dated August 26,

1985, that it received from the USEPA’s Region V (Pre-filed Testimony

at 8, Exhibit A) regarding the site specific relief from Section 304.105 that was granted to

the JohnDeere Foundry and codified at 35 Ill. Admin.

Code

§

3 04.205,

stating as follows:

Historically, U.S.

EPA indicated to the Illinois EPA that by granting relief

solely from 35

Ill. Admin.

Code

§

304.105,

the Agency was attempting to

make an end run around its

requirement to gain U.S. EPA approval to

changes in water quality standards.

Pre-Filed Testimony at 8.

15

---

Nevertheless, contrary to the Agency suggestion, this rather dated letter from the

USEPA does not object to the form ofthe relief requested.

In its August 26,

1985 letter,

the USEPA’s Region V did express concern that, among other things, the site specific rule

for the John Deere Foundry would

not be protective ofthe designated general use ofthe

receiving stream.

See Pre-hearing Testimony, Exhibit A at

1.

Notably, however, the

letter also provides in pertinent part as follows:

We would

like to

avoid disapproval ofthe water quality standards

exemption for John Deere Foundry as currently adopted.

Id.

Rather than prohibit relief from

Section 304.105 ofthe Board’s regulations, this

letter from theUSEPA’ s Region V appears to simply indicate that such water quality

standard exemptions must be consistent with the use designation for the receiving stre~rn.

This conclusion is further reinforced by the fact that the exemption to the John Deere

Foundry is still set forth in Section

3 04.205

ofthe Board’s regulations.

Moreover,

an

internal Agency Memorandum obtained pursuant to the Freedom ofInformation Act

indicates that .the USEPA subsequently withdrew its

objection to the site-specific rule for

the Deere Foundry.

$~

Memorandum of Toby Frevert to Rick Pinneo,

dated July 23,

1986, attached as Exhibit G hereto.

The Memorandum of Toby Frevert indicates that the USEPA withdrew their

objection to the site-specific rule with the understanding that use attainability will be.

addressed.

And, in this case, ofcourse, use attainability was addressed.

Tr. at 45.

At the

Hearing,

Scott Twait ofthe Agency, testified in pertinent part, as follows:

16

.

---

The Agency does not believe that a use attainability analysis is necessary.

A UAAis

done to a general use water body when there is a downgrading

ofa use.

The uses:

Protection of wildlife, agriculture use, secondary contact,

industrial use, and the portion ofthe receiving stream that

is protected as

primary contact were eliminated from review in early consultations since

the fluoride levels do not affect the use.

The petition has demonstrated that the aquatic life use and the public and

food processing use will be protected.

Therefore,

all existing uses will be

maintained and protected.

Tr. at45.

Thus, relief may be granted from

Section 304.105

as requested pursuant to

both this Board’s precedent and the CWA.

C.

.

Contrary

To The Agency’s Claims, The Relief Sought Does Not Result

In Two Different Water Ouality Standards for the Receiving Stream.

The Agency provides no citations in support ofits argument that a new water

quality based effluent limit (“WQBEL”) requires there to havefirst been a change in the

water quality standard.

Moreover, the Board’s precedent

clearly demonstrates that,

when

relief is from Section 304.105 alone, the water quality standard forthe receiving stream

remains the same.

Inthe Matter of:

Petition ofthe Rhone-Poulenc Basin Chemical Co.,

AS

94-7, 1994 WL 449082 at

1

(IPCB, August

11,

1994).

All that the Board’s reliefwill do here is exempt the Petitioners from compliance

with the general water quality

standard forthe receiving streams during periods oflow

flow, so long as the site

specific effluent standard is met.

As the Board’s precedent makes

clear,

other dischargers must comply with the water quality standard forthe receiving

stream of 1.4 mg/L fluoride, which remains unchanged.

~,

kg.,,

I~L.

17

---

D.

Contra~To The Agency’s Claims, The Averaging Rule Applies to

Regulatory Effluent Limits; It Is

Not Limited to Effluents Established

Pursuant to

NPDES

Permits.

In its Pre-filed Testimony, the Agency also incorrectly suggests that “the averaging

rule in

Part 304 merely addresses how compliance with the effluent ultimately placed

in

an

NPDES

permit is determined.”

Pre-filed Testimony

at

13.

This

statement is simply

incorrect.

Section 304.104

sets forth

a method

for interpreting the numerical effluent

standards in Part 304.

35

Ill. Admin.

Code

§

304.104(c).

The

method for interpreting the

effluent standards provides,

in pertinent part, as follows:

Section 304.104

.

Averaging

a)

Except as otherwise specifically provided, proofofviolation ofthe

numerical standards ofthis Part shall be on the basis ofone or more

ofthe following averaging rules:

1)

No monthly average shall exceed the prescribed numerical standard.

2)

No daily composite shall exceed two times the prescribed numerical

standard.

3)

No grab sample shall exceed five times the prescribed numerical

standard.

35 Ill. Admin. Code

§

304.104(a) (emphasis added).

As a general rule, however,

proofof compliance with the effluent limits set forth in

Part 304

pursuant to the averaging rule, does not necessarily mean that the limits of an

NPDES permit have not been violated, if the permit

specifically provides other limitations,

d)

Proof ofviolation of effluent limitations contained in permits shall

be based on the language ofthe permit.

35

Ill.

Admin.

Code

§

304.104(d).

18

---

Thus, the averaging rule ofSection 304.104 is clearly not limited to

“how

compliance with the effluent ultimately placed in an

NPDES permit is determined.”

The

Agency’s arguments to the contrary are simply without merit.

ifi.

CONCLUSION

Based upon the applicable law, and the undisputed evidence in the Record, the

Board may grant Petitioners relief from Section 304.105

as requested.

Such relief is

supported by the evidence in the record, it is in accord with recent decisions ofthe Board,

it is consistent with federal law, and it maintains the generally applicable water quality

standard ofthe receiving stream while simply granting the Petitioners limited and specific

relief from that standard.

19

---

WHEREFORE, based upon

all ofthe evidencethat has been presentedto the

Illinois Pollution Control Board in this proceeding, the Petitioners, CITY OF

EFHNGHAM, BLUE BEACON iNTERNATIONAL, iNC., and TRUCKOMAT

CORPORATION,

respectfully request that the Illinois Pollution

Control Board

promulgate the site-specific effluent standard forfluoride requested, and/or grant such~

other relief as is appropriate and just.

Respectfully submitted:

CITY

OF

EFFINGHM4,

BLUE BEACON INTERNATIONAL,

INC.,

and TRUCKOMAT

CORPORATION,

Petitioners,

By:__________

One oftheir Attorneys

Dated:

May

19, 2003

N. LaDonna Driver

David M. Walter

HODGE

DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

.

Springfield,

Illinois

62705-5776

(217) 523-4900

BLUE:O01/FiliPetition

—

Public Conmients

20

---

.E.CONc

.~B1~.ITETM

General

Description:

208

is

a

liquid,

dual-purpose

product

formulated

.

for

the

truck

washing

industry.

This

formula

is

a

fast

acting

combination

cleaner

and

aluminum

brightener.

208

penetrates

quickly

to remove oxide film,

road

film

and

diesel

smoke

effectively

from

aluminum

trailer bodies.

It also brightens and

enhances the natural luster ofthe aluminum.

Application and

Use Concentrations:

Dilute

208

with

20

to

30

parts

water.

Spray

trailer

from

the

bottom

to

the

top.

Allow

product

to

penetrate

2-3 minutes.

Rinse

well

with water.

Customer Benefits:

Biodegradable.

Excellent wetting

ability.

Fast acting cleaner and aluminum brightener.

Highly efficient.

Quickly removes oxide

film,

road film and diesel smoke.

Types of Companies

Using the Product:

Farms

Food Service Companies

Mobile Washers

Attention:

Refer

to

our

Material

Safety

Data

Sheet

regarding

hazards,

personal

protection

and

disposal of

this product.

Revised

9/18/2000

1(0 MANUFACTURING, INC.

2720 E. DIVISION

SPRINGFIELD,

MO

65803

(417) 866-8000

FAX:

(417) 866-2662

Technical

Data

Sheet

---

KO

MFG

SPFG

MO

I~OO7

j~O6/2UO3

11:11

FAX

417

866

KO

MANUFACTURING,

MATERIAL

SAFETY

DATA

SHEET

KO MANUFACTURING, INC.

2720

E. DNISION

P.O. BOX 3574

SPRINGFIELD,

MO

65808-3574

(417) 866-8000

FAX:

(417) 866-2662

#208

SECTION 1:

GENERAL INFORMATION

PRODUCT NAME

CHEMICAL NAME ~

SYNONYMS

CHEMICAL FAMILY

FORMULA

EC0Nb

FF5

BLEND

ACID

PROPRIE’MRY BLEND

DATE PREPARED

SUPERSEDES

24

HOUR

EMERGENCY

ASSISTANCE

7-5-2000

2-15-99

CHEMTREC

1-800-4~4-93O0

SECTION II:

PHYSICAL

DATA

1.0-2.0

2 12F

AND ABOVE

80

SOLUBILITY

UI

WATER

COMPLETE

EVAPORATION RATE

IWATER -1)

THRESHOLD LIMITVALUE

(

UNITS)

1MG/CUBIC METER

3PPM

(VAPOR)

NOT ESTABLISHED

SECTION

IV:

FIRE ~ EXPLOSION HAZARD

DATA

FLASH POINT (TEST METHOD)

FLAMMABILITY LIMITS

EXTINGUISHINGMEDIA

SPECIAL FIRE FIGHTING PROCEDURES

FIRE AND EXPLOSION HAZARDS

DOES NOT FLASH

NA

NA

WATER SPRAY MAY BE USED TO COOL

CLOSED CONTAINERS.

MAY GENERATE HYDROGEN GAS IN CONTA

WITH

SOME

METALS,

VAPORS ARE VERY

CORROSiVE.

SECTION

Vz

HEALTH HAZARD

DATA

ACOIR THRESHOLD LIMIT VALUE

CARCINOGEN

-

NTP PROGRAM

CARCINOGEN

-

IARO PROGRAM

PRIMARY ROUTES

OF ENTRY

CHRONiC HEALTH HAZARDS

EMERGENCY FIRST AID

NOT ESTABLISHED FOR MIXTURE

NO

NO

CAUSES SEVERE EYE AND SKIN BURNS UPON CONTAOT.

VAPORS AND MISTS

ARE BETREMELY CORROSIVE TO NOSE, THROAT, AND

MUCOUS MEMBRANES.

INGESTION

MAY

CAUSE SEVERE

BURNS

TO MOUTH AND

THROAT.

LARGE

AMOUNTS MAY CAUSE DEATH.

NONE KNOWN

EYES:

FLUSH WiTH WATER FOR

15 MINUTES.

GET MEDICAL ATrENTION ii”

IRRITATION PERSISTS,

SKiN:

FLUSH WiTH COLD WATER FOR

15

MINUTES AND THEN SOAK IN

.13

ICED

ZEPHIRAN

CHLORIDE SOLUTION FOR

1 HOUR

INHALATION:

REMOVE TO FRESH AIR.

TREAT SYMI~OMATICALLY.

INGESTION:

DO

NOT INDUCE VOMITING.

GIVE MILK

OR

WATER.

GET

MEDICAL

ATFENTION IMMEDIATELY.

SEE NOTE TO PHYSICIAN ON

PAGE 3.

pH (1

SOLUTION)

BOflING RANGE

VOLATILE

DY

VOLUME

SPECIFIC GRAVITY

APPEARANCE &

ODOR

1.06

CLEAR,

COLORLESS LIQUiD WITH PENETRATING

ODOR

SECTION III~HAZARDOUS INGREDIENTS

PRINCIPALHAZARDOUS

COMPOUNDS

-

SULFURIC ACID

-

-

5

-

•

.

HYDROFLUORIC ACID

.

15

ALKYL ARYL

POLYETHOXY ALCOHOL

1

---

~05/06/2OO3 11:11

FAX

417

866

2662

KO MFG SPFG

1110

L~0o8

MATERIAL

SAFETY

DATA

SHEET

.

-

FORMULA

#208

SECTION V:

HEALTH HAZARD DATA (Cont’d)

SECTION

313

SUPPLIER NOTIFICATION

THIS

PRODUCT CONTAINS THE FOLLOWING TOXIC CHEMICALS SUBJECT TO THE REPORTING REQUIREMENTS

OF

SARA

TITLE ID, SECTION 313

OFTHE EMERGENCY PLANNINGAND COMMUNFLY

RIGHT-TO4CNOW ACF OF

1986 AND 40CFR372:

CARl

-

CHEMICAL NAME

PERCENT

BY

WEIGHT

7664-39-3

HYDROGEN FLUORIDE

12.6

7664-93-9

.

.

SULFURIC

ACID

4.9

SECTION VI:

REACTIVITY

DATA

STABILITY

STABLE

CONDITIONS TO

NA

AVOID

MATERIALS TO

AVOID

CORRODES

MOST

HAZARDOUS

WILL

NOT OCCUR

MATERIALS

POLYMERIZATION

HAZARDOUS

HYDROGEN

GAS

FROM

CONTACFWITh SOME METALS

DECOMPOSITION

PRODUCTS

•

SECTION VIIt

ENVIRONMENTAL

PROTECTION

SPILL RESPONSE

USE

PROTECTIVE EQUIPMENT AND AVOID CONTACT WiTh SKIN AND

EYES.

NEUTRALIZE SPILL WITH

SODA ASH.

FLUSH

WITH

PLENTY

OF

WATER APPLIED QUICKLY

TO

ENTIRE SPILL AREA.

WASTE

DISPOSAL

METHOD

FOLLOW

FEDERAL,

STATE AND

LOCAL REGULATIONS REGARDING

HEALTH AND POLLUTION.

SECTION VIII:

SPECIAL

PROTECTION

INFORMATION

EYE PROTECTION

FULL FACE SHIELD

SKIN PROTECTION

RUBBER, PVC,

OR

NEOPRENE

RESPIRATORY

APPROVED

VENTILATION

NEEDED TO

MAINTAIN BELOW

PROTECTION

RESPIRATOR FOR

ACID

RECOMMENDED

THRESHOLD.

VAPOR.

OTHER PROTECTION

ACID RESISTANT

APRON,

RUBBERIZED BOOTS AND HAT.

•

SECTION IX:

SPECIAL PRECAUTIONS

HANDLING & STORAGE

DANQERII

CORROSWEII

PRECAUTIONS

c~i~Jq~

HYDROFLUORIC AND SULFURIC

ACID.

AVOID

CONTACT

WITH BYES,

SKIN OR CLOTHING.

AVOID

BREAThING VAPORS.

MAY

CAUSE SEVERE BURNS WHICH

MAY NOT

BE

IMMEDIATELY VISIBLE.

IN CASE

OF CONTACT, FLUSH

WiTH LARGE QUANTITIES

OF

COOL WATER UP TO 3-4 HOURS

OR UNTIL MEDICAL

ATFENTIQN

IS MAINTAINED.

OTHER PRECAUTIONS

CONTAINERS SHOULD

BE

STORED IN COOL PLACE

WITh

CLOSURES.UP..

AVOID

PHYSICAL DAMAGES TO

CONTAINERS.

DO

NOT STORE FOR

PROLONGED PERIODS

OFTIME.

The Information provided In this Material Safety Data Sheet has becri

compiled frorn.our

experience

and

data presented In various

technical

publications.

It

is

the

users responsibility

to determine

the suitability of

this information for the information for the adoption of

safety precautions

as

may be neccssaiy.

We

reserve the rlRht to revise Material

Safety

Data Sheets

from time to time as new technical

Information

becomesavailable.

The Information contained

herein

iffurnished

without

warranty

of

any

kind.

---

2662

K0 MPG SPFG MO

-•

-

-

—•

~OO9

MATERIAL

SAFETY

DATA

SHEET

A

3

•

.

NAME:

~

E

NOTE

TO

PHYSICIAN:

THE

MEDiCAL

TREA~I’MENTPROCEDURES

FOR

HF

BURN

TBEA~MENTAS

OUT.

LINED

BElOW HAVE

BERN APPROVED

BY PHYSICIANS

FOR lIP

PRODUCTION

FACILITIES.

-

1

SKIN

BURNS:

BEFORE

PROCEEDING

WITH

THE

MEDICAL

TE

mENT

OUTLINED

BELOW,

IT

IS

SUGGESTED THA~P

m~ z~pxmw~

cutom~

~m~r~r

utw~m~

ABOVE ~‘ms’r sir’

PROCEDURE.

,~

REPEATED.

IT

HAS

BEEN

FOUND

IN

MOST

CASES

THAT’

oomw~

Fmsr

AID

TREATMENT

wIu.

-

OBVIATE

THE

CALCIUM

OLUCONATE

INJECTIONS

OUTLINED

BELOW.

TREAT’MENT

CONSISTS

OF

INJEC-

TION

IN

“J~HEBURNED

AREA

WITH

10

CALCIUM

OLUCONATE

SOLUTION

(STANDARD

AMPOULE

OF

10

U~1TRAVENOUSSOLUTION).

•

-

THE

CALCIUM

GLUCONA~L’ESOLUTION

SHOULD

BE

INJECTED

BY

A

PHYSICIAN

BY

INFILTR.A~rmlQTHE

SKIN

AND

SUBCUTANEOUS

TISSUE

IN

THE

SAME

MANNER

AS

USED

IN

THE

INJECTION

OF

A

LOCAL

ANESTHETIC.

ALL

THE

SKIN

wmcn

HAS

BEEN

EXPOSED

TO

THE

ACID

SHOULD

BE

INFILTRA~FED.

INCLUDING ~

~

1/4 ~

~g

AROUND

THE

~

~J’F.EME

CAUTION SHOULD

BE

USED

WHEN

INJECTING

CALCIUM

OLUCONATE

INTO

FINGERS

-

IT

COULD

PRODUCE

SUFFICIENT

PRESSURE

TO

EN-

DANGER

CIRCULIjflON

AND

CONTRiBUTE

TISSUE

NECROSIS.

APPLY

CALCIUM

GLUCONATE

DRESSING

CREAM

TO

AFFECTED

AREA

BEFORE

APPLYING

DRESSING.

USE

DRESSING

THAT

WILL

NOT

SOAK

UP

CREAM.

2.

EYE

BURNS:

EYE

EXPOSURE

SHOULD

BE

FOLLOWED

IMMEDIATELY

DY

PflOLONGED

GENTLY

IRRIQAD-

ING WiTH

COPIOUS

AMOUNTS

OF

COOL

TAP

WATER.

FURTHER

MENT To

TUE

EYE

CONSISTS

OF

AI’IAE&THETIZU4Q

WITH

DROFE

Qp

PONTOCAINE

-SOLtfL’ION~ ~.6.

THEN

IRRIGATE

WITH

DISTILLED

WATER.

PERSISTANT

PAIN

USUALLY

INDiCATES

ik

NEED

FOR ADDITIONAL

GENTLE

iRRIGATION.

FLUORES-

CEIN

SHOULD

BE

INSTILLED

IN

TUE

EYE

AND,

IF

STAINING

OCCURS,

INTERMITTENT

IRRiGATION

SHOULD

BE

PROMPTLY

SOUGHT BUT

IRRIGATION

MUST

NOT

BE

DELAYED.

3.

FINGER

NAILS:

FINGER

NAILS

AFFECTED

SHOULD

BE

CUT

BACK

OR

SPLIT /.J~) IT

MAY

BE

NECES-

SARY

TO

DRIL~L

THE

NAILS

OR

REMOVE

FOR

DRAINAGE.

WASH

M~

so~.K

IN

ZEPHIRAN

CHLORIDE

SOLUTION

AS DIRECTED

UNDER

FIRST

AID.

IT

MAY

BE

NECESSARY TO

INJECT

UNDER

THE

NAIL WITH

10

CALCIUM

GLUCONATE

SOLUTION.

DRESS

WITH

THE

10

CALCIUM

GLUCONATE

CREAM.

4.

INGESTIOt~: LAVAGE

WITH

LiME

WATER

SHOULD

BE

DONE

PROMPTLY

BY

A

PHYSICIAN

ONLY.

SOLtJBLE

CALCIUM

INACTIVATES

THE

FLUORIDE

ION.

IN

ADDITiON

TO

LAVAGE,

10CC OF

A

10

SOLUTION

•

OF

CALCIUM

GLIJCONATE

SHOULD

BE

INJECTED

INTRAVENOUSLY.

RESPIRATORY

DEPRESSION.

SHOULD

BE

COMBA’rFED

WITH

OXYGEN

AND

STIMUlANTS

IF

NECESSARY,

AND

A.RTIFZCLAL

RESPIRATION

SHOULD

BE

USED

IF

NEEDED.

-

---

-•

-

Brigbtene~F Precautions

Page

1

of2

PRECAUTIONS

Avoid contact with glass.

BRIGHTENER F

will

etch

glass surfaces

if

it comes

in

When

using,

do

not

allow

mist

or

spray

to

drift

onto

glass

surfaces

n

BRIGHTENER

F solutions. Do not use BRIGHTENER F on “mirror finished”

alu

DANGER: POISON

-

CORROSIVE

HARMFUL OR FATAL IF SWALLOWED, CAUSES BURNS, VAPOR

HAZARDOUS

LIQUID

AND VAPOR CAN

CAUSE

BURNS

WHICH

MAY NO

PAINFUL OR VISIBLE

C~ntains

fiydrofluoric

acid and

phosphoric acid

Avoid

contact.

Mist may

be irritating.

Use with adequate ventilation.

Keep container do

Wash

thoroughly

after

handling.

Safety

glasses

with

side

shields

and

recommended

when

handling.

Always

add

acid

compounds

to

water

and

splattering.

Eyewash fountains in the workplace

are strongly

recommended.

St

caustic compounds

and

metals, and away from direct heat.

IN

CASE OF CONT

OF CONTACT, PROMPT

MEDICAL ATTENTION

FIRST AID

EYE

CONTACT:

Immediately

flush

with

plenty

of

cool

water for at

least

15

mi

within

1

minute

is

essential

to

achieve

maximum

effectiveness.

SEEK

ME

IMMEDIATELY.

SKIN

CONTACT:

Immediately wash contaminated

areas with

soap

and large qu

while

removing

contaminated

clothing

and

shoes.

SEEK

MEDICAL

ATTENTI

Discard non-rubber

shoes

and

wash clothing

before

reuse.

INGESTION:

NEVER

GIVE

ANYTHING BY

MOUTH

TO

AN

UNCONSCIOUS

INDUCE VOMITING.

Give

large quantities

of water or milk.

If vomiting

occurs

airway clear.

SEEK MEDICAL ATTENTION IMMEDIATELY.

INHALATtON:

I~emove

to fresh air.

SEEK MEDICAL ATTENTION IMMEDIATE

Consult MSDS for

more detailed information

on the safe handling of th

KEEP

OUT OF THE REACH OF CHILDREN!

Warranty and Liabilty Disclaimer

---

Brightener F Precautions

Page 2 of 2

The above

information and recommendations

concerning this product are based

upon laboratory

tests

a

however, since conditions of actual use are

beyond our control, any recommendations

are made withou

implied. Manufacturers and sellefs sole obligation shall beto replacethe portion ofthe product shown to

b

liable for any

loss, damage or injury,

direct or consequential,

arising out of the use of this pr

Home Page!

Contact Us!

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---

,Brightener F

Page

1 of

1

Bri gh

t~h~ëi~F~

~

L~.I

DESCRIPTION

BRIGHTENER

F

is

a clear liquid with a slight solvent odor.

It is composed of

mo

agents, and a solvent for soil removal.

A

1

solution

has a pH of

PURPOSE

BRIGHTENER

F

is

designed

especially

as

an

aluminum

brightener

and

cle

effective

in removing

light

road

films and oxidation

from aluminum

surfaces.

It

coatings in a quick, easy operation.

DIRECTIONS FOR USE

BRIGHTENER

F

is

used

in

concentrations

ranging

from

undiluted

to

one

part

twenty

parts of water.

Spray,

brush

or

mop

applications

may

be

used.

Simply

apply

BRIGHTEN

concentration

(heavily

oxidized

areas

require a

higher concentration;

lightly oxi

lower

concentration).

Allow it

to

stand

and

penetrate.

Then,

rinse

with

plain

necessary

to agitate

areas where oxidation

is extremely

heavy.

BRIGHTENER

F

contains

a

powerful

cleaning

agent

in

concentrated

for

successfully for most brightening

applications when diluted one to ten with water.

BRIGHTENER F,

at a concentration

of one to five,

removes

dyed anodic coating

matter

of

minutes.

No heat

is necessary.

The resulting

finish

is a uniform reflectiv

For precautionary

information, click here.

Equipment!

Product

Li

Home

Page..i

Sales Opportunities!

---

MAY—a6—2003

11:29

PANTHER

INDUSTRIES

INC

817

831 0028

P.04/05

~__BRIGHTENER

F

DE&CRIP’flON;

BRIGHTENER

F Is a clear liquid

with

a slight solvent odor,

It is composed of inorganic acids, wetting agents,

and

a solvent f~r

soil removal, A 1

solution

has

a pH of 2.0,

PURPOSE:

BRIGHTENER

F is

designed especially

as an aluminum

brightener and

cleaner.

It

is

extremely

effective

in

removing light road

films

and

oxidation from aluminum surfaces. It also removes anodic coatings in

a quick,

easy operation.

DIRECTIONS FOR USE:

BRIGHTENER

F is used

in

concentrations

ranging from undiluted to

one

part

BRIGHTENER F to

twenty

parts of water.

.

.

.

Spray, brush or mop applications may be used, Simply apply BRIGHTENER

F in the desired concentration

(heavily oxidized areas require a higher concentration;

lightly oxidized

areas require, a lower concentration).

Allow it to stand and penetrate. Then, rinse

with plain tap water, It

may be necessary to

agitate areas where

oxidatIon is extremely heavy.

BRIGHTENER

F contains a powerful cleaning

agent in concentrated form.

Thus, it

is used

successfuUy for

most brightening applications when diluted

one to ten with water.

BRIGHTENER

F,

at a

concentration

of one to five,

removes

dyed anodic

coatings

from

aluminum

in

a

matter of minutes. No heat is necessary. The resulting finish

is a uniform reflective surface.

PRECAUTIONS;

Avoid contact with

glass. BRIGHTENER F will etch glass surfaces ii it comes

into contact with them.

When

using, do not allow mist or spray to drift onto glass surfaces nearby.

Do not heat BRIGHTENER

F solutions.

Do not use BRIGHTENER F on “mirror flnished~

aluminum.

DANGER: POISON

-

CORROSIVE

HARMFUL OR FATAL IF SWALLOWED,

CAUSES BURNS, VAPOR HARMFUL

HAZARDOUS LIQUID AND VAPOR CAN CAUSE BURNS WF-UCH MAY NOT BE IMMEDIATELY

PAINFUL

OR VISIBLE

Contains hydrofluonc acid and

phosphonc áôi~lAvoid skin, eye, or clothing contact

Mist may

be irntattrig. Use~with’adequateventh~tibn.

K8ep contaiñer closed

when not in use, Wash thoroughly after

handling, Safety glasses with side shields andrubber gloves are recommended when

handling. Always add

(continued on reverse)

8OQ4B3’7~64

-.

•

PRODUCT

DATA

SHEET

CHEMICAL

ACTION

I

INDUSTRIES,

ING.~

~.siablIsh~d 1922

CHEMICAL ENERGY To REMOVE SOILS, PROTECT SURFACEe. AND SAFEGUARa ThE ENVIRONMENT!

COO

N.

B~cH

S1REET,

FORT

WORTH,

TX 78111

---

MRY-06—~003 11:30

PANTHER INDUSTRIES INC

817 831 0028

P.05/05

Page

2

BRIGHTENER F

aoid compounds

to water

and

pour slowly to

avoid

splattering.

Eyewash

-fountains In the

workplace

ará

strvngly

recommended.

Store

away

from

strong

caustic

compounds and metals,

and away from direct heat.

IN

CASE OF

CONTACT OR

SUSPICION OI~CONTACT,

PROMPT MEDICAL ATTENTiON

IS

ABSO-

LUTELY NECESSARY.

FIRST AID

~

CONTACT: Immediately

flush

with

plenty

of

cool water for at

least 15 minutes. Washing

eyes within

1

minute is essential to achieve maximum effectiveness, SEEK MEDICAL ATTENTION

IMMEDIATELY.

SKIN CONTACT:

Immediately wash contaminated

areas with soap

and

large quantities of

cool water while

removing contaminated clothing

arid shoes.

SEEK

MEDICAL ATTENTION

IMMEDIATELY, Discard nonrub~

ber shoes and

wash clothing

before

reuse.

INGESTION:

NEVER GIVE ANYTHING BY MOUTHTO AN

UNCONSCIOUS PERSON, DO NOT INDUCE

VOMITING.

Give

large quantities

of water or

milk.

If vomiting

occurs

spontaneously,

keep

airway

clear.

SEEK

MEDICAL ATTENTION

IMMEDIATELY.

INI-IALA,TIQN: Remove to

fresh air, SEEK M~DlCAL

ATTENTION IMMEDIATELY.

Consult MSDS for more detailed information

on the safe handling of this product.

FOR COMMERCIAL OR INDUSTRIAL USE ONLY!

KEEP OUT OF THE

REACH OF CHILDREN!

-

dUUtvD~diafrflsr

The above iniorm~tlon

and

recommendation, concerning thie product are

based upon

tabomtoW

te~ta

and field

use expeilenca:

hOWever~OulOe çcnd1tl~n$

ci

actual

use are

beyond

cur

control,

any

recommendations

are

mode without warranty,

expressed

or

implied.

Manufacturer’s end setier’s soio

obligation

shall

be

to

replace

the portion

cithe

product

shown

to be

defective. Neither

shall be liable for any

ass.

damage or injwy. direct oi

consequential,

arising

out of the

use of

this

pr~duct,

03197

TOTAL

P.05

---

Welcome to Nu-Calgon Wholesaler, Inc.- Nu-Brite

-

4291

Page

1 of2

MATERIAL

SAFETY DATA

SHEET

Nu-Brite

4291

.pdf

PDF Version ofMSDS

I

I

-

PRODUCT IDENTIFICATION

Company Name:

Nu-Calgon Wholesaler, Inc.

Tel No:

(314) 469-7000, (800)

554-5499

Address:

2008

Altom

Court,

St. Louis, MO 63146-4151

C1EIEMTREC:

(800)

424-9300

Product Name:

Nu-Brite

Product Number:

4291

Synonyms:

Alkaline Coil Cleaner

I

H

-

HAZARDOUS

INGREDIENTS OF MIXTURES

MATERIAL

CAS#

By Wt

TLV

PEL

Sodium Hydroxide (Caustic Soda)

1310-73-2

20

2mg/M3

~4)

~7~’

~

Ceiling

VOC Content:

2.8

All ingredients are TSCA listed.

I

III- PHYSICAL DATA

Vapor Pressure: mm

Hg: Not Determined

Vapor Density (Airl)

60-90°F:

Unknown

Evaporation Rate:

(ether=1) Same as H20

VOC Content

(

by wt.):

N/A

Solubility in H20:

Complete

pH

@

10

Solution:

13.2

pH as Distributed:

14.0

Freezing Point °F:

N/A

Appearance:

Clear, Colored Liquid

Boiling Point °F:212°F

Odor:

No Distict

Odor

Specific Gravity 1120=1 @25°C:

1.252

+/-

0.005

IV

-

FIRE AND EXPLOSION

Flash Point F: None to Boiling

Flammable Limits:

N/A

Extinguishing Media: Water spray (Fog): Dry chemical; C02 Foam

Special Fire Fighting

Procedures: Do not enter confmed fire-spaces without prote.ctive clothing

and

self-contained air supply.

Unusual Fire and Explosion Hazards:

None.

I

V

-

REACTIVITY DATA

Stability

-

Conditions to avoid:

Stable

Incompatibility:

Strong

acids/oxidizers. Do not mix with chlorinated detergents (bleach)

Hazardous Decomposition Products:

Burning may produce carbon monoxide and/or carbon dioxide.

Conditions Contributing to Hazardous Polymerizations:

N/A

II

VI-

HEALTH

HAZARD

DATA

EFFECTS OF OVEREXPOSURE (Medical Conditions Aggravated/Target Organ Effects),

A. ACUTE

(Primary

Route of Exposure) EYE,

SKIN, ORAL: Corrosive material. Will cause burns

of skin and eyes with prolonged contact Eye damage likely if contact is prolonged. Generated mists

may be seriously irritating and cause damage to respiratory tract if swallowed. Harmful or fatal if

swallowed. May cause severe burns of mucous membranes, stomach, nausea, vomiting

-

possible

internal damage.

B.

SUBCHRONIC, CHRONIC, OTHER:

Chronic local effect may consist of multiple areas of

superficial destruction ofthe

skin

or ofprimary irritant dermatitis.

C.

MEDICAL CONDITIONS

AGGRAVATED BY OVEREXPOSURE:

VII- EMERGENCY AND

FIRST

AID

PROCEDURES

ii

II

INHALATION: Remove to fresh air. Start artificial respiration if necessary. Oxygen may be

---

Welcome to Nu-Calgon Wholesaler, Inc.- Nu-Brite

-

4291

Page 2 of2

administered. Call a physician.

EYES:

&

SKIN: Flush eyes with water for at least

15 minutes and call a physician immediately.

Skin: Wash

affected area with large amounts ofsoap and water. Ifirritation persists call physician.

INGESTION: Do not induce vomiting. Dilute by

drinking water.

Call a physician immediately.

(I

VIII-

SPILL OR

LEAK PROCEDURE

II

Spifi Management: Safely stop spill at source. Contain spill by diking with soil or other

inert

material

and CAREFULLY neutralize with dilute acid. Mop, pump or absorb with inert material and reclaim into

soundcontainers forproper disposal.

Waste Disposal Methods: Dispose ofin

an approved

waste

facility

according

to

Federal, State and

local regulations. Keep non-neutralized material out ofsewers, storm drains, surface water and soil.

I

IX

-

PROTECTION INFORMATION/CONTROL MEASURES

Respiratory:

NIOSH

approved respirator where mists or sprays may be generated. (Caustic mist

cartridge type)

Eye Protection:

Chemical goggles, face shield

Glove:

Rubber Gloves

Other Clothing and Equipment:

Protective clothing to minimize contact (boots, apron, faceshield)

Ventilation:

Product is intended for outdoor use.

II

X

-

SPECIAL PRECAUTIONS

Precautions to be taken in Handling and

Storing:

Corrosive Material

-

Handle All Containers

Carefully. Wash thoroughly after handling. Keep

containers closed when not in use. Avoid contactwith

leather orwool.

Additional Information:

None

NFPA

HMIS RATING

Health Hazard

: 2 Health Hazard

:

2

Fire Hazard

0 Fire Hazard

0

Reactivity

:

0 Reactivity

0

Specific. Hazard...:

Personal Protection...: X

(Sec.

9)

Revision Date: 12/05/2002

Seller makes no

warranty,

expressed or implied, concerning the use ofthis product other than indicated on the label. Buyer

assumes all risk ofuse and/or

handling

of

this

material when such use and/or handling is contrary to

label instructions.

While

Sellerbelieves that the information contained herein is

accurate, such information is offered solely for its

customers’

consideration and verification under theirspecific useconditions.

Category:

JCOIL CLEANER

---

.MAY—S8—2003

12:08

PANTHER INDUSTRIES INC

817 831 0028

P.02/04

MATERIAL

SAFETY

DATA

SHEET

Page

1o13

•

pp

p pp.4

•psa•~

•4*p~m4&

a Ø.aap~aa

•

P4*

SECTION

I

—

..44s

.....p...*

. a.

•.•••

p

Productr~BRIGli~ENfl

B

Product Number

1050

Date~August 20,

1996

Supersedes: November 1,

1993

Manufacturer: PANTHER INDUSTRIES, INC.

Address:

600 N. Beach.

P.O. Box 961001,

Ft. Worth, TX

76161

Emergency Telephone:

817/834—7164

(Barn-Spin CDT) or

CHENTREC: 1-800-424—9300

Preparer:

P. Fields

(24 hrs.)

NFPA Codes: Health—3; Flamrnability—0; Reactivjty—0; Spec. Hazard—Corrosive

•..•

..

a

...4

..•.•.•4

~

.pq~4•.

•..,q

•4

P*

P

•

—.

SECTION II

-

HAZARDOUS

INGREDIENTS

——

TLV

osphoflQatld;J~r~thophosphoflc

Aci~d~

1mg/rn0

35

~..

~

.~

.

2—Butoxyethanol;

CAS* 111—76—2 ~

25 ppm

7

(skin)

~ This chemical

is subject to the reporting requirements of Section 313 of

SARA

Title

III,

--This

product

contains

no

IARC,

NT?,

or

051-IA

carcinogens

subject

to

the

reporting

requirements

of

29

CFR

1910.1200——

44!.ê

‘‘

P

•P.•PP

•44

—*4—

—

PPPt*

SECTION III

-

PHYSICAL

DATA

4 •4..ppt

ppe4

•4.

a.—

p

p

Boiling

Point

(°F):

212

Spec.

Gray.

(020=1):

1.20—1.25

Vapor

Pressure

(mm

Hg):

N/D

Vol.

by

Volume:

68

Vapor Density (air=l): N/D

Evap. Rate

(n—BuAc=i:

1

Solubility in Water: complete

pH

(1

sol’n.): 1.9—2.2

Appearance and Odor:

Clear,

red liquid with

a mild butyl odor

SECflONIV—FXREANDEXPLOSTONHAZARDDATA

•4

a

4.

P

. p.

*

•

•p*

p a.

•

Flash Point (°F,method used):

None to boiling point

Flammable Limits:

(lit)

N/A

(UEL)

N/A

Extinguishing Media: Water fog, dry chemical,

foam,

C02

Special Firefighting Procedures: Always wear self—contained

breathing apparatus

(SCBA) when fighting chemical fires.

Unusual Fire Hazards:

May liberate flammable hydrogen gas

upon

contact

with

many common metals.

---

MAY—08—2003

12:09

PANTHER INDUSTRIES INC

817 831 0028

P.03/04

MATERIAL

SAFETY

DATA

SHEET

Page 2of3

Product: BRIGHTENER B

Product Number:

1050

SECTION

V-HEALTH

HAZARD

DATh

•*....*.._..•

• P.

•*:•

P.

Primary Route(s) of Exposure: Eye and Skin Contact, Ingestion, Inhalation

Effects of Overexposure: Strongly irritating and corrosive to

the

eyes.

skin, respiratory tract,

and digestive tract. Prompt treatment is

important to minimize effects of exposure.

Emergency and First Aid Procedures; In case of contact, flush skin and/or

eYes with cool water for at least 15 minutes. SEEK MEDICAL ATTENTION

IMMEDIATELY.

If swallowed,

give

plenty

of water or milk4 Do NOT

induce vomiting. SEEK MEDICAL ATTENTION IMMEDIATELY.

If inhaled,

remove affected person to fresh air. SEEK MEDICAL~ATTENTI0N

IMMEDIATELY.

SECTION

VI

-

REACTIVITY

DATA

••..qpS~•*4

. p.

Stability:

Stable

Incompatibility:

Strong alkalies and some metals

Hazardous Decomposition Products; Toxic fumes of phosphorus pentoxide may be

liberated upon heating.

Polymerization: Will not occur

Steps To.Be Taken In Case Material Is Leaked Or Spilled: Wear protective

equipment. Dike spill area or spread absorbent,

inert clay material

over spill.

Scoop up contaminated material and place in approved

waste container for disposal. Neutralize residue with soda ash or

lime and flush with large amounts of water.

Waste Disposal Method: Incineration is oreferable. Consult with Federal,

State,

or local authorities for approved methods of disposal.

SECTION VIII

-

SPECIAL PROTECTION INFORMATION

Respiratory Protection: NIOSH approved respirator for vapor or mist when

exposure limits

(TLV)

are exceeded

Protection:

Splash—proof

goggles

Protective Clothing: Rubber boots,

apron,

and

chemical

resistant

gloves

Ventilation: Local or mechanical exhaust

---

1~1AY—OB—2003 12:09

PANTHER INDUSTRIES INC

81? 831 0028

P.04/04

MATERIAL

SAFETY

DATA

SHEET

Page

3 of 3

product: BRIGHTENER B

Product Number: 1050

SECTION IX

-

SPECIAL

PRECAUTIONS

•0•ts

a..—.

.....

a...

.......a...

..

..4.,,..

a

Precautions To Be Taken In Handling And Storing: Keep from freezing. Store

at temperatures between 40°-120°F.Store in dry,

cool, well—

ventilated area.

Keep container closed when not in use.

Other Precautions:

Wash hands and garments thoroughly after use or exposure.

Keep out of the reach

of. children, wear protective equipment when

handling.

Note:

Eyewash fountains and safety showers in the ~~orkplaceare strongly

recommended.

4$~$

a.....

....a.....

•

~

•

so....

a a...

•

~‘

..

This information is being supplied to you under OSHA “Right To Know”

regulation 29 CFR 1910.1200 and is offered in good faith.

~

be advised that it

is your responsibility to inform your emp’oyees of

the hazards of this substance,

to advise them of what these properties mean

and be sure they understand exposure information.

The information presented herein, while not guaranteed, was prepared by

competent technical personnel

and

is true and accurate

to the best of our

knowledge.

No warranty or guaranty, expressed or implied,

is made regarding

performance, stability, or otherwise. This information is not intended to be

all—inclusive as to the manner and conditions of use,

handling, storage.

Other factors may require additional safety or performance considerations.

While our technical personnel will be happy to respond

to questions

regarding safe handling and use procedures,

the handling and use remains

the

responsibility of the customer. No suggestions are intended as,

and should

not be construed as,

a recommendation to infringe on any existing patents or

to violate any Federal,

State, or local laws.

TOTAL

P.04

---

April

24, 2003

Mr.

Max Shepard

Shepard Engineerii~igInc.

719E Crawford

SalinaKS 67401

Dear

Mr.

Shepard:

Below

is

a

summary of the aluminum brighteners

that were

tested as possible

replacements

for

our current ABL-43 brightener.

None of these were nearly as effective as our current brightener,

which allows

us

to satisfy

our customers

with a high quality wash and a good speed ofservice.

1.

Niagara

National CS-500 Concentrate

-

MSDS

attached

Tested at 30:1

and 20:1

This productremoved very little film

and

dirt from aluminum.

Niagara National FyImFyter

344

Concentrate

—

MSDSattached

Tested at 40:1, 30:1, and 20:1.

This product did

nothing

to

aluminum.

3.

BlueRibbon Horsepower

—

MSDS attached

Teste~lat 33:1 and 15:1

Thisproduct producedpoorresults on paint and aluminum.

4.

Niagara National Regal LQ-60 Concentrate

—

MSDS attached

Tested at 40:1, 30:1, and 20:1

This

product

did

not

remove

film

from

paint,

did

not

clean

aluminum,

and

left

a

rainbow

looking type of film on aluminum.

5.

Simoniz USA Inc.

Liquid Acid

Cleaner

—

MSDS

attached

Tested at 50:1

and 25:1

This product produced poor results

on aluminum and

had a strong odor.

These

possible

replacements

for our brightener

were

tested between November

1999

and

March

2000.

They were all

tested at our Salina

location

with

the

general

manager conducting

the tests.

When

we

test

any possible

brightener

re?lacement.

we

spray

the test brightener on

two

to

three

times

and

wash

it

off,

then

apply

our

brightene~ to

the

same

section

to

see

if

it

cleans

the

aluminum

surface better

than

the

test

brightener.

Or, we will

apply both

solutions

side

by side

and

then wash

both

off to

compare

the

results.

If any

of the testing

is

successful,

then

the

director will

conduct further testing.

If the director is pleased with the results, then the president

and vice president will obseu~’efurther testing.

BLUE

BEACON

P0.

BOX 856

SAUNA,

KANSAS 67402•0856

(785) 825-2221 /FAX

(785)

825-0801

F

www.bluebeacon corn

DELIVERIES

TO:

500

GRAVES

BOULEVARD/SALINA,

KANSAS 6740~

TRUCK WASHES

---

From

1990-2000

we

tested

approximately

18-20 potential replacements for

ABL-43 brightener.

They delivered

poor results

and were

not

considered

further.

Sincerely,

Robert

Kruse

Director

of Operations

RK:

al

Attachments

---

READ

..~ND

UNDERSTAND TUSDOCUM~NTPRtORTO

USE.

~cs-.~oo

Ni

AGAR A

NIAGARA

NATIONAL CORP ORATION

N

1AGA~

A

NATIO(”~AL

CORP.

2160-CHILLS AVE. N.W.

N1C~ALO0~P.

ATLANTA, GEORGIA

30318

4041350(2600

p~~r~O7I1~i9sS

MATERIAL SAFETY DATA SHEET

SCCTION

I

-

~ODIJCI~

ST~IC.~.TtO~

~

pRo

QL’C~NA~

CS~5~.

~o~czNrr~

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B5:12

4O435~26l4

NIAGARA NATIONAL

PAGE

~2

READ AND UNDERSTAND

THIS

DOCTJi’VIENT

PRIORTO USE.

344

NIAGARA

NIAGARA NATIONAL CORPORATION

I\J5~D~A

N~T1C(’~LAL

CORP.

2 160-C

HILLS

AVE.

N.W.

NATIONAL CtM~P.

AU~TA

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30318

404/350/2600

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p~oparcdt2i2O/99

MATERIAL

SAFETY DATA SHEET

S2CTION

I

-

PRODUCT

WENTtF1CATION

-

PRODUCT

NAME

FYLM FYTER

344CONC~NTR.~.TE

CP~M1CAL

FAMiLY

.&u(ALrNE

CLEANER- LIQUID

E~ERGENCYCQNTACT

~-u~ta~

CHEMTREC

I

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SECTION II

-

R~~Z_tRD0US

CO~.!PONENTS

o~GREo~r

-

CAS’

PEt

TLV

-

NONE

SECTIONm-flEALTIHAZARDDATA

•

EYZS:

MAY

c,~usz

~u’RNS.

COLrLD

CAUSF.

DAMAGE

I?

L~TRZATED.

sKI:N~

MAY

CAUSE

!R.RITATtON

AND CHEMICAL BURNS.

MAYCAUSECOUGRING. SNEEZrNG. OR Qfl

RSY~~L~TOMS

CFLPPF..ESPIP.J~

TORYTRACTRRITATION.

SWALLOWO’IG:

CAN

CAUSEOASIRO

TEST

ALIR.RrTAflONANDPOSSLSLE DAMAOE

TO MUCOUS

TISSUE.

PTRSTAID:

oNs:.rN:

FLUS~tU4~IEDLAiELY~TrH’~ATERFORL5

~TES.RMOV5cO~/

TAMINATED CL0T~O~0.

~

TA~QN?ERS5T3,5EEp~-YSICA~

.

D4EYES:

IM~!EDtATELYFLUS’FSW1TI4WATERFOR15

~,t~UTEs,

L~GtJ?PERAND

LOWER

EYELIDS.

GET

MEDICAL AITENTION

EDLATELY.

IFSwALLOWED:

DONOT

IYDUCE V’\~flTh~DLLIjTE SY C.tVNGWATER. ~

~

M:LK

op

ONES

I.A.OET ~.DiCALAirrNTONI~tAr~y.

.

1FF

JHED:

0.!EDL-~~.

NONE OF THE FLA7~RDOUSL’~GRiDLE~TS

A~E

LISTED.~SC.~CL’~OCE~S

3y

I~c

NT?,

.~

os~

sECTION 1’~.S?ECL~LrROTECT1O~I~OP~\L~T~QN

?JJ~BE?.OLOvES

AND

(E?ROTECT.O:C-(~-C~LES

O.AcELD~?~ZQUIRED.

‘EARIMPERVIOUS CLOfl-ID-~OANt)WAS-~

SEFORE

EEUSE.

USE ONLY WITI-ADEQL.ATE

vE~mL~Tto~To

~L’JNT.’.~

CONCE

TRX~ONBELOW

~v.

.

SECTION

V.

PI1YS:C.&L

DATA

.

SO0-Di~C-

PONT

‘/APOR.?RISSIJR.E

SPECLIC

GFLA~Th(

PERCZNTVOLATILE

~7.

4

SOLIJBILITYIN WATER

CO~COLETE

EVA

AltO

RATE

SAME AS WATER

APPEARANCE AND ODOR

A.MBE.R

LIQUID, MILDODOR.

---

3/09/20E10

~S:12

40435B2814

NIAGARA

NATIONAL

PAGE

03

~I:c.:r:~-~’-

‘~

-

!!~I~

RNPI.(.)~lo\

JI.~Z_\RJ)

344

Fl~~sHPOftrr

E.XTU~Gt.flSHfl-IGMEDL~

N/A

Fl~AMMA81LtTY

LIMITS

NONE

-

SPECIAL~REFIOHTING

PROCEDURES

COOLCONTAINER

WITH

\VATER STREAM.

USE SELF-

CC)NYA2’1ED

BREATHING

EQUIPMENT

s~cTIoN

VII

-REACTI\’ITV

DATA

1-LICUSPCLYMER!ZATION

WILLNOTCCCUR

S-TAflflJVY

STABLE

~COMPATABILITY

STRONOAC~DSANDOX1DIZERS

SEcTIO~

VI1I

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AND

DISPOSAL ‘ROCEDI.JRES

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FLUSH AWAY OR

MOP UP.

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WITS

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DISPOSEOF

JN ACCORDANCE

WITH FEDERAL,

~r.ATE

AimLOCAL REGULATIONS.

SECTION

rx-SPECIALPRECAUTIONS

AVOID CONTACTWITH SKIN

AND EYES.

USE RUT~3ER

GLOVES

AND SAFETYOLASSES

ORFACE

SHIELD.

•

AVOID OREATI-IINO OF

MISTS

NOT FOR~IOME

USE

FORPROFESSIONAL

AND

INDUSTRU\

L

USE

ONL V.

KEEP OUTOFRE.ACk~

OF CHILDREN.

DO

NOT

TAXE INTEP.NAI.LY.

.5ECTIONN-Tft.SFQRTATIO~DATA

DOT

SI-IL°PNG

NAME

CLEANITh4O

COMPOUND. LIQUID

MATERIAL

-

DOT

HAZA.W CIASS

NA

DOT

LD.

NUMBER

L)

I S CL..\L\IER

T1-~EtNFORMATION CONT.-\IYI~.D

IN

THiS

L1:’:rERIAI, SAFETY DATA

SI-TEET

IS

PROVIDED

pu-asU~?-Fr

TO

29CFR

1910.1200 TO CONVEY iYFOR~L-\TIONCONCERNING TI-E HAZARDOUS N..\TURE

OF

THE

NA~ED

PRODUCT

THE

tN’FORI”iIATION

SUPPI.IED

‘.VAS

COMPI.I..ED

FItÔ~(

THE MOST

RELIABLE

SOLT’CES

AVAILABLE AT

THE TIME

OF

?REPAR~Vr

ION

AND

IN

LIGHT OF

TI~I1S

MOST

REASONABLE

FORSEEADLE E.’~ost5p.E

SITUATIONS E~’ECThDFROM

THE

E’iTENDED

USE OF

THIS

PRODUCT.

THE MATERIALS(S) MAY

PRESENT

GREATER

OR

LESSER

HAZARD EXPOSURE UNDER

CIRCUMSTANCES THAT

ARE

BEYOND

THE

CONTROL

OF THE

UFACTURER.

---

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PROD

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007

0/00

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MATERIAL

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MATERIAL

SAFETY

DATA

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201

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lntorm~t~on

rc~jorcHn’j

tnl~product,

call

Cttcrn-Tcl ot 1-~00-25~-

3024

Qriytim~.

SECTION

I

-

IDENTIFICATION

~RonrcrNAME~

Liquid Acid Cleaner

PkOblC~FTVI’E

Acidic

(.iq~ihIClc-a:iin~Cuiiipoutid

SECTION

II-

HAZARDOLJ~

INGREDIENTS

IIAZ.ARI)O1l.S 1~GuF.1nF.r~T

(•~•.~

ru”luiwi~

rEL

Phosphoric

Add

711)4-3.1-2

lrn~’in3TLV.3rro~’m3

STE L

SECTION

III

-

PHYSICAL DATA

AFPEARMCE:

Traiiuparcnt

Liquid. N.

,lgoi~tc~iit

odar

~iOiLING

POLNT~210

Jn~rcca

F.

VAPOU

1)1NSFiV~

~l&

P11~I.~

SECTION

IV

-

FIRE AND EXPLOSION

DATA

1t.ASIIPOINT:

~.......

~

1lii~

pri.whuil

it

n~jilummabIc.

I:xr,\(;ULSIIIN(;

rl1I:i)l.~:

_......

ilus

pixiiis~

)i

n,iii-ilunuiiublr.

Uie

LIIiI,cUhhuIIE

media

~oitabk

for inattriait

~li-cadyburning.

SYCJAL

FIRL FJcIl1lrlc

pRoc:EI)t

ItEN:

Firctl~htL-rswtlrkin~

hi

are.u

nhrrc

itai~

product

it prtscnt

iliijiiid

be

ciiiiii:i,cd

will

au

~i;iru~c~. huh

ciiclottd SCIIA

tINUSCAL

(11W ANt)

EXPlOSiON

IIAZARI)S:

oge

SECTION V. REACTIVITY DATA

STABILITY:

,.._..

—

—

Stable

uiu,Jer normal

couuditl.nt~

IL~ZAIWOCSP0LYMLitIL~1 ION:

ibis

~,ruudurt

nut knotti

Ia

liolYmetiec.

INCOM’ATIIflLIlY

..._..

Fcrr~u

,u.c(ai.s.

aluminum.

nuuc. uuus~ai~iu

in

and

any

other

acid

aeis)liye

inaucrijola.

WSZARDOUS

flVPROOL’CT~

Tteacthuju

with

nirt,aI~nua~1ltcrat~

~tdro~cu

~

Maay

produce carbon

monoxide,

carbon

~koidc

and/or

plao,plioruu~caxhLet.

SECTION

VI-

HEALTH DATA

ROCTE.(N)

(lY EN1ltY:

lnlualatioa,

skiiu

aba.orplioiu,

or

inetctton.

Lls1’Eu

UARCINO;L’

ro,t

licted

Iiy

i.slc,

.‘ri’

orOSH.5.

ruIEDKAL

(:ONHI’r(ON At;Gl~.AVArEu:

.._....None

1~nuwn.

INhALATiON

~.

Nut

likely

to

bc

inhaled

in

haiaidoes

al0000It.

Avnld

expuoure

founi~ur

uapoi-S.

\laiuutairt ade~uatc

tcmutiiation in Ike

‘nurk

*r.

lNC;~TiON~

—

—

‘IRIa

,uunt.crtul

call

cutuit

burna

and

erI~uusdamage to

tbr.at.

rcoph1~tu

auid’ulunuzeb.

EYE’)-

.....~

..

(Sfl

ca.,~e

~cric.ac

l,~riis~uud~or

hlind.ett.

SC1N

(DI~.1.):

...

..

Tiuk piotiuct

nuoy

e~uncbun,

or

irritation

II not

renittv,I frn.i

the

dilut.

Wjtt~r

Woiiyipiuuiuiosypulyrtliyleuuuaunyufll

ii.

icii

Net

LiMnd

VAI’Oit PItESSUI4E:

N/A

SPECLIIC GLtAVIIV: LI

S0h~

UBILITY

IN WAT

r.R~

(‘oiaplcteiv

~okuIAc.

SECTION

VII

FIRST AID

IlR.IIAIIIING

(I\IIAI.tT1ON): .._......If

u’ictiu,u uiuus.’t uI~putv~

ulitctaufurl or irrllthuu_ reinor e

(a

(nit~

sir. it

aympiaras

p.raixt,

get

Irnuiedlala iuiedk-ai

attentie..

~‘~LLO~~(NC

(INCF.S1lO(’l

1)1.)

7cor INDCCE

VU5ilTiNG~

think

a

leu-~e

qeu.ntkv

iai

water,

(oilowtd

by

~ha

tier

IIIIIk

ar a naloimuni .12

teulopuouiu

of

until.

ui

ulagocua.

Jo

out

a

llalmpt

lu

g,i~e

lirpuldo

to an

unnotmaclous

pers.oo.

Get

kun.u.dluste uuic$c*i atioulloal

_.......~-......

—......-...FI.ah

eyI~.

~sitiua large

qnartrty

o(fruh

water

for

at

lean

15

minulea. Appl~Ice ~unpreose1

and GET )MMCDIATE E\nIIwErtcY

Mt11)ICAL

ATtENTION

by

.n

eve

speci.liiI.

it

.iav

Iw

nt-eo-ox.arv

to

taLe

victim

to

a

buipital

.uullrgencii

room.

SKIN

(DP.RMAL)

~

.........Inuiiuedla(eto

tlutk

frau,

bin

stud clothing

+lth large

*alonni3

ci

freiIi

water. Gel

jmwcdia$e

uuotdlcil

atttntlouu. Rewath

coittaznin*tcd cio4hin~b(ore

SECTIOl~1ViiiEMPLOYEE PROTECTION

RJ!S(’IRATORY

L’ROTECT1OF~........... If

nece~.tiry.

ate an

OSIIA

approved rc~plrat.rfor acid

PROILCILVE

CLOThING:

.....Nitrilc, vinyl

or

neoprene

~lovrt.

Sphttb

goggk~

and

lace

~

~

~

bcw(u.

ALIDrIIONAI.

laIiASURES:

.......,......._...i)u

nut

plact this

pcaderl

In u~,uttwarkcd coutalner~

Kei~p

away

lr..i

elulidreusi

Spilled

raatenhsl

ha slippery.

SECTION IX

-

SPILL

AND

DISPOSAL DATA

Sl’ILL:

~

...~L)ike

to

preutuil

upiiIa~chalo

otrraasna

Coasuolt local, lIsle

ansi

letjrral

autb.nitiet

VASTE.

1)LSFOSAL

_.....~.

4..a

re~onunue’udc-dby

meal,

state

anti

fadersi

oulliarities.

HANDLING £

STORAGE PR

tttllO’45

~..

—

Ito

not store.

metal

containero. Store at anthitiut le.iperuutuire..

Xm.-p

(r.m

(recoring. 1)0

NUTTIANSFER

TO

CN.\IARKE()

CONTAINfl~S.

KtEP

AWAY

FflOM

CJII1.DREN.

SECTIOPI X -OTHER REGULATORY

INFORIiiIATIOW

PROFBR ShIPPING

NA~v1F.:

Ciunpounde.

c:l~nI~,

NFPA

HEALTh: 2

Liquid

CONSTnUEXr:

Pitoaphorlc

Acid

HAZARD CLASS

AND

LA1tEL~t

Corrosive

It) NUllIfIER: NA

1760

h-A(:EJNC GROCr: lit

SECTION

XI

-

PRECAUTIONARY

STATEMENTS

\VAR~iXG

_......_.

~

The

lii (uuruuia

I

ltu,i cootslut

cit

Iuu

Ililt MSIkS

R

Itaced on!

dota available tout

Il-urn auurcea

ne

bdie~c

to be

relIable.

No warroat)

or guarauit~

esprexatsi or

Implied

Ix made

rcx,1azdixig the

*ceuracy of

tuft

thia or the resells ubtualaeii

fruni

the

rdiionc, on

Oils data.

The

uiuanaIloctiun’r assumes

ii.

rsspoulalIuifiIv

for

injury fr.uui

hiu~

use

of

this

pruduci.

it.e

sale-

read

iltia

product safety Iu1ornj~do.

and

pss~

It

on to alt peraot~

who

niny he

expoted to

thus

product. Federal

law

rtquires

Ii.

NFIVt

FLAMMABIliTY:

0

NIPA

RFACTVITV~

0

rllrA

()rIIO:sc:

Ai-Id

a-

cc

(‘1

‘a

0

0

cc

L

cc

t~)

0)

(0

C)

‘oh

cc

0

C

i-I

C’)

N

C

0

E

“l

‘

Ca

---

II

rifl.

— C

A.

—

5)

t)

0

-

-s

P

1-1

41

0 flC.

r

•~I4~S

a.’

C.

II

—s

A,

Ii

C.

C~IS

A. I’

-s

•

~.

,

..

-

A.

I

o

0

..C.

._a

.,.,

,c.

..,

r

-

Cit

READ

AND

TINDERST.&ND THIS DO(~iYMENT

PRIOR

TO USZ.

LQ-$~C~TLS.T!

321

NIA~~A

NTAGAPA

NATIONAL CORPORATION

Ni~

2160-C

HJLLS

AVE.

N.W.

______

AThA~TA,GEORGLA

30318

404/35012600

____________________—

.

pr~p&z.~OA7/O

V9S

MAI’ERTAL

SAFETY

DATA SHEET

SECTIOrf

~‘RODt’CT

~~TW1CATIO~

p~OoucT)4AMZ

•-~-~~

C~l.,GC~tL

FA~SY

~KAoL~N~

CtF.A~

-

UQLW

E2P~ROENCY

C~TACT)~J~4Z~

C~MTRSC

t-3~-424-9i~

—

SWTTO~4

ci

-

~R~1J~

CQ~’O~4T~

~QFa.EDLE~-IT

-

CM~

?~L.

Thy

(~~)

—-—

.5ECT1O~I~

-

~ALTt1L1A2AP.D

D,VrA

MAY

C.&US~

~

WILL

C1~USE

DA~AOE

17

T-TNTRIATED.

CA~

CAUSE

~12..TAT1O~.

MAY

CA1.~

COUOE~IO,

3N~I~O,

CR OThE?. $1

TOMS

CD? U?P~

P.L~P~.A

TO~?T~AC~

~5P~TATIOM.

5WALOW~4Q~

C~°~

CAU~Zo~OCD’T!~~tL

ITATIOI’(

A~’uTl?33~LED~’,~aZ

TO MUCOC1~TtLSU~

FTLSTAID:

ow

~K1N

flJJ~H

~

W~fl~

~

~

~

M~IJ~ PIMOVE

~

T~STED

tLOlH

~,

L’

LR~TAT~ON

PL~.SIST3,S~E

P~S’~tAD’~.

.l~ArELY F_1.~EYES

WiTH

WATER

~CR

IS

~‘~‘.~T~SI

LL~T~’G

L~PERAN~

L0W~

~‘r~LC~.

C~T

~otc~

Arr~n~j

~

SWA~WWED~

D~

NOT

~DUCE

Y~CTINQ.DC-t~E~?

OtVD~QWATEL

)r~-D,

CR ~CJ~

0?

M~G~EStA.

GET

.V~DtCpL

Arn~.~rQ~

I~C~1DLkTEI.Y

P

WsEOVE

TO FR.ESH

AL?.. L~

5P.~AT1-~Q

IS DIF~1C~’LT.

G~TM?,D~OLL

~TON

I)~DdIDiATt~.

Y.

NONE

OF

71~7LA2Ja.RDOUS

~CREDEENTS

APi

UST~DAS

C.&~CtN0GENS~

L4~C.NT~,

&

OSEiA.

~c-tio~

N

.~nct°L

rRorzcr1o~

INTO

t~Tro~

S~~QQS~&ND!~

2?

TEL’

(GcnXhL.F..~O~

FAC2S~iD)

~CCWS1T~

WL~,2.

60ff

CLOT1W~OAND

W,s.~ ~

~SC.

I

O~’(LY

WITH

ADEQUATE

~T~ATIOD-,

3Ecrto.’~V

P~VSICAL

DATA

~OE.D;Q

PO~

2~6~1°

VAPOR

PPSZSSIJPi

M

WAflIP.

S?~CTFC

ORAVtTY

.12

~

svr..ATrLE

33.9

-

~0Lt1.~1TVD4

WATER

coM.rL~T)~

______

EvA.p~DRATtowLk.T1

&~C’It~

M

WAT5~,

Pb CO~CEr~jg

lJ~

117

&PPEA.~A1~CE

AND

O~O?.

0~?.LP..s.s,

c~a~

LJQL~D

L3

‘1Y3’li

EIYISE

‘iV~

I~E

~9J~’ZZS~9L

~J

l-~:g’~

C~E.L

oo--~-’~I

---

Ms~lR—O1—OO

~~S:~7

l~ti

SHEPI~1RD

ENCIHEERING~

INC

i78~82~92~

I

LQ-40

CO~tNfl1AT~

321

SECTI0~VI-

FT~1

AND

EX2L~1ONE.Z~~E!

Ft1&.sH

~o~T

.

NONE

EXT~Ui3ImG

W2DIA

N/A

~BEIr(

L~rrS

NOSE

srEoL~J.r.~

p~o.~çrc-~o

P

C2IY-TR~3

COOL C~TA2~Z~.

\~ITfl~

WATER

STRL°~. USZ

~F.L?-

CONTAINED

~in~o

ETtP~,~r

SZITflON

VtI

REA~TW(T?

DATA

.—

I-CAZAR~OJS

POLY~~.2ATION

~LL NOT ~C1JE

STABCLIEY

STAI~LE

LNCOM? ATAB(L.(T?

STRO~O

ACD~

A)~D

O3~IZE~.S

—

SEOTION yIn.

SPILL fra.~(DDLS?OSAL PROCEDURFS

-

!MALL

5?(LL

FLUSH

AWAY OE

MO? Ui’.

L54~~OE

~

,

CONTA~AY~

?U.~

NTO SALVM51~

DtIJ~’u(

O~AB~C~

ONTO

S’JITABLE

i~(ZOL~’.

AND

5110 VEt.

~1O

~A1..VAQ~

CONTAZ~.JT.2.

AVOLD CONT~~C~1’

WI7I~SI~/(£\~

ViU.

btSPO8t

OF L”~

ACC’OR.DAC(CE WlT~TEDE?,AL,

S fATE AND

L.OCAL

R.EOULATIOI4S..

-

SECTI

-

SPECIAL PR~CAUTION~

AVOIDCOWTACT WITH

SR~

A~D

EYE.

USE.

RU~3E2.GLOVES

AND

SA!’ET’Y OLAS~E.5OR PACE

S~ELD.

#1VOGD

~RLti.rX~XO OF

~.crs

140T FOR liO~

CSZ

FOR

PROP’E&.5IOi’4A~

A.’D

C~DUST~.LIIL

UFE

ONLY,

X.SEP

0(71’ 07

P.ZACI-t

OF C~-DRZN.

CO

~OT

TAXE

U~TER.9ALLY

StCTION

X.

TRANSPORTATION_DATA_-

COT

SIT~P~O~

CO~L~D,

CI.EhNC~OIJQUtD

M.)A.T~RrAL

COT H~2AZt)CLASS

NONE

DOTLD.

?4~J’)vG~.

N/A

—

cF’

—

‘

,

,

S.

D~CL~.

TH~

Th~OP5MATiONCONTAD4~D

INTHJS MA’~ERLAL

S~ETYDAT,~S

S~-~T

IS?ROVDaD

PURS

‘T1O2~CF~

19 1O.~2CCTOC0N~Y

fO?..\~1ATTO~CONCER

0Th

A

RIYDUSNATU?..EOFTHENA)~)??4OT)tCT,

T~

~0RMXt~QN

SUPFLI~D

c!AS

COMPIE) FROM

THEM(~T

RELIABLE SOURCES AVAILABLE AT!~THE

TD~OF PR2PA~ATION

ANDL~~LIOHT

OF

T-InMosTp5EAsoNADLE~OR

LExposcJRnsmJA-A

IONS

ECT~FROMfl4ETh.T~ED

USE OF TE~S

P?..ODUCT.

T~MATh

5)~YPRaS~Nr

G:~Ar~.

OR

L& S

P.AZARD!~OSUREUNDERCI~.CtMSTAN~STHATARE

B~’~)T~

CONTROL

OFT

MANUFAC-

TtJR?R.

J.B

‘i~a~L

3LY.LS2 ~IYE~

I~E

IcZZ~QL

XY.(

9(

151.LI.

Oo.1Z.0

---

ILLINOLS

ENVIRONMENTA.L

PROTECTION

AGENCY

MEMORAND tiM

DATE:

July

23,

1986

TO

Rick

Pinneo

FROM:

Toby

Frevert

Deere

Foundry

I checked our records on Deere

Foundry and also asked Jim Luey (USEPA,

Region

V)

to check their records for follow—up and resolution of the

August 20,

1985 review letter of the Deere Foundry draft NPDES.

There

is no record

in either our files

or Region

Vus, but my recollection

is

that USEPA withdrew their objection to the site-specific rulin9 on this

case

(R81-26) with the understanding

that future cases will address

USEPA use attainability criteria and that the Deere ruling will be

reassessed as part of the normal tn-annual water quality standards

review effort.

TF:kls

IL

532-0570

EA.90

~

6/75.2CM)

SUBJECT:

tf,

0

I,

.5)

---

copy

WATER SALES CONTRACT

THIS CONTRACT for the s~5Leand

purchase

of

water

is

entered

into

this

//~

day of

______________,

1996

between

E

J

WATER

CORPORATION, an Illinois no’t-for-profit corporation, of P.O. Box

8, Dieterich,

Illinois 62424, hereinafter referred to as the

“Seller”,

and the VILLAGE OF LOUISVILLE,

an Illinois municipal

corporation,

P.

0. Box 306, Louisville,

Illinois 62858,

hereinafter referredto as the “Purchaser”.

WITNESSETH:

WHEREAS,

the Purchaser is duly organized and established

under the Illinois Municipal Code and has authority to construct

and operate a water supply distribution system for the citizens

of the Village of Louisville,

and to accomplish this purpose, the

Purchaser will require a supply.of treated water; and

WHEREAS, the Seller contemplates constructing an addition to

its water supply distribution system which will have a capacity

capableof serving the customers of the Seller’s system and an

estimated 620 water users to be served by Purchaser; and

WHEREAS, the Seller has been authorized, by its Board of

Directors, pursupnt to a resol~tio,n,,adopted at a meeting of said

Board on the

/&

day çf

(A1~J’~Y

,

199...&,,to enter into

this Water Sales Contract with Purchaser; ,and

WHE~EAS,by Or~nanceNo.

_______

enacted by Purchaser on

the

/1—

day of

L~,t..t.t

,

199~L, the purchase of water

from Seller in accord~àncewith the terms set forth in this Water

Sales Contract was approved, and the execution of this Water

Sales Contract by the officials of Purchaser is duly authorized.

NOW, THEREFORE,

in consideration of the foregoing and the

‘mutual ‘agreements hereinafter set forth,

it

is agreed as follows:

A.

The Seller agrees:

1.

‘To construct a water line from the Village of Bible

Grove to the Village of Louisville

(the Louisville Project)

in accordance with attached Exhibit A and to furnish the

Purchaser at the point of delivery, hereinafter specified,

during the term of this Water Sales Contract or any renewal

or extension thereof, potable, treated water meeting

applicable purity standards of the Illinois Environmental

Protection Agency in such quantity as may be required by the

Purchaser not to exceed four million

(4,000,000) gallons per

month anci at the price determined in accordance with

Paragraph B.1. and B.2. of this Contract.

The maximum

---

agreed purchase amount shall be increased by 1-1/2

per year

to allow for growth within the Village.

2.

That water will be furnished at a reasonably

constant pressure calculated at 60 p.s.i.

from an existing

six

(6)

inch main supply at a point located adjacent to the

existing water treatment plant of the Village of Louisville,

Clay County,

Illinois.

It,is further understood and agreed

that, upon the completion of such line to the water

treatment plant,

the Purchaser will assume said line from

said water treatment plant to the location of the master

meter of E J Water Corporation ‘on Village of Louisville

property adjacent to the water plant,

the’same being the

location of the master meter of Seller.

The parties further

agree that if a greater pressure than that normally

àvailableat the point of delivery, being the master meter,

is required by the Purchaser,

the cost of providing such

greater pressure shall be borne by the Purchaser.

Emergency

failures of pressure or supply due to main supply line

breaks, power failure,

flood,

fire,

earthquake or other

catastrophe shall excuse the Seller from this provision for

such’ reasonable period of time as may be necessary to

restore service.

3.

To furnish,

install, operate and maintain at its

own

expense at the point of delivery the necessary metering

equipment,

including a meter house or pit,

and, required

devices of standard type for properly measuring the quantity

of water delivered to the Pu,rchaser.

4.

To install a rechiorination system to be located at

the master meter,

the operation of such system to be the

responsibility of the Purchaser.

5.

To install telemetry to be located at the master

meter to provide positive control of tank fill at the 50,000

gallon elevated storage tank.

6.

To furnish the Purchaser at the above address not

later than the 10th day of each month with an itemized

statement of the amount of water furnished to the Purchaser

during the preceding.month.

B.

The Purchaser agrees:

1.

To purchase from Seller a minimum of 37 million

gallons of water per year at an initial rate of $1.50 per

thousand gallons.

Such rate shall be in effect until such

time as Seller has received its audit for the first full

calendar year after the initial delivery of water by Seller

to Purchaser,

at which time, the rate to be used for billing

2

---

purposes shall be determined in accordance with the

• following formula:

C+D+A÷S

-‘U+R

X/1000

,

=

L

C

=

Annual cost

to

produce water for Village of Louisville,

to be determined as follows:

Step

1)

Determine estimated annual amount of water

sold to, Louisville

-

For the first year of

this Contract, such amount shall be 37

million gallons.

For subsequent years,

such’

amount shall be the actual amount sold to

Louisville’ in the previous year’ less one

million gallons, but in no event shall such

amount be less than 37 million gallons.

Step

2)

During the first five years of this Contract,

proceed to Step 3 from Step 1.

After the

first five years of this Contract, multiply

amount obtained in Step 1 by 1.03 to account

for,loss factor.

Step

3)

Divide the amount obtained in Step

1 or Step

2 by 1,000.

Step

4)

Multiply

amount

obtainedin

Step

3 by

Seller’s Production Cost as determined in

accordance with Seller’s most recent audit

and the definition of Production Cost set

forth at Page

4 in this Contract..

D

=

Distribution Cost for EJ to sell water to Louisville,’

it being agreed that ‘this cost shall be $4,000 for the

first five years with such cost to be adjusted after

five years and each five years thereafter to reflect

increases or decreases in the Consumer Price Index of

the U.

S. Department of Labor

(1984

=

100).

Such

adjustments shall be calculated by multiplying the

amount in effect for the previous five year period by a

fraction whose numerator shall,be the Consumer Price

Index, Revised,’ “Urban Wage Earners and Clerical

Workers”,

U.

S. City Average

(1984

=

100) Unadjusted,

Bureau of Labor Statistics of the U.

S. Department of

Labor,

for the month of December of the fifth full year

after the initial delivery Of water pursuant to this

Contract, or’the month of December of the fifth

full,

year,after the previous adjustment, and whose

denominator shall be said Consumer Price Index,

Revised,

“Urban Wage Earners and Clerical Workers”,

U.

S. City Average

(1984

=

100) Unadjusted,

Bureau of

3

---

Labor Statistics of the U.

S. Department of Labor

Statistics of the U.

S. Department of Labor,

for the

month of January in the first year following the

initial delivery of water pursuant to this Contract or

the month of January in the year immediately following

the previous adjustment.

A

=

Administrative Cost for EJ to sell water to Louisville,

it being agreed that this cost shall be $1,000 for the

first five years with such cost to be adjusted after

five’years and each five years thereafter to reflect

increases or decreases in the Consumer Price’. Index of

the U.

S. Department of Labor

.

(1984

=

100).

Such

adjustments shall be calculated by multiplying the

amount in effect for the previOus five year period by a

fraction whose numerator shall be the Consumer Price

Index, Revised,

“Urban Wage Earners and Clerical

Workers”,

U.

S. City Average

(1984 =100)

Unadjusted,

Bureau of Labor Statistics of the U.

S. Department of

Labor,

for’ the month of December of the fifth full year

‘after the’initial delivery of water pursuant to this

Contract,

or the month of December of the fifth full

year after the previous adjustment, and whose

dehominator shall be said Consumer Price Index,

Revised,

“Urban Wage Earners and Clerical Workers”,

U.

S. City Average

(1984

=

100) Unadjusted, Bureau of

Labor Statistics of the U. S~Department of Labor

Statistics of the U.

S. Department of Labor,

for the

month of January in the first year following the

initial delivery of water pursuant to this Contract or

the month’ of January in the year immediately after the

previous ‘adjustment.

S

=

Annual Debt Service on funds’ borrowed by Seller to

finance the. Louisville project,

it being agreed that

this amount shall be the annual amount necessary to

amortize the funds actually borrowed. by Seller on a 30

year basis at an interest rate of 7

per’annum.

U

=

Anticipated annual revenue to be received by Seller

from customer of Seller on the line to Louisville,

it

being agreed ‘by the parties that such figure shall be

the amount of $79,560 unless ‘and until modified in

accordance with the’ provisions of sub-paragraph d

below.

.‘

R

=

Estimated annual cost to Seller to produce water for

the use of Seller’s customer’s along the Louisville

line.

It is agreed for purposes of this formula that

the annual amount of water to be produced for the use

of Seller’s customers along the Louisville line shall

be the product of 4500 gallons times 12 months times

4

---

195 users plus

a loss factor of

3

(4500

X

12

X

195

X

‘1.03

=

10,530,000 gallons)

(By way of example,

if

Seller’s cost to produce water is $0.81 per 1,000

gallons,

this figure would be $8,785

(10,530,000

+

1,000 X $0.81).

X

=

Annual estimated amount of water sold to Village of

Louisville

-

For purposes of this Contract, such amount

is assumed to be the sum of 37 million gallons in the

first year

o.f the,Contract.

For subsequent years, such

amount shall be the actual amount sold to Louisville in

the’ previous year minus one,million gallons, but in no

event

shall. such amount be less than 37 million

gallons.

L

=

Cost per

1,000

gallons

(rounded to the nearest penny)

to be charged tO the Village of Louisville for an

amount of gallons equal to X as defined above to be

purchased annually by the Village of Louisville.

For the’purpose of

the’ aboveformula,, Production Cost

is defined as Seller’s cost to produce 1,000 gallons of

water.as determined by Seller’s most’ recent audit.

Production Cost shall be determined as follows:

i)

Obtain the sum of the following annual items

of ‘expenditure by Seller:’

1.

100

cost of chemicals

2.

100

of utilities used for the production of

water

3.

100

of

the

cost

of

repairs directly

attributable

to

production

4.

100

Of cost of water testing associated with

production

5.

100

of payroll cost directly attributable to

production

6.

100,of

cost of all .supplies’directly

attributable to production

7.

One third

(1/3)

of all telephone charges

shall be allocated to the cost of production

8.

All insurance costs directly attributable to

the cost of production

5

---

9.

100

of all mileage costs directly

attributable to production

10.

100

of the cost of plant operators

11.

100

of the cost of training plant operators

‘12.

50

of the costs related to Seller’s truck

ii)

Divide the sum obtained in Subparagraph

i

above by “the total number of gallons produced by Seller

in the year’ ‘in which such expenditures were made.

iii)

Multiply the result obtained in Subparagraph

ii above by 1,000, to obtain Production Cost per 1,000

gallons.

iv)

The parties specifically agree that new

capital expenditures of Seller shall not be included in

production costs except for such capital expenditures

“in the’nature of repairs or required:upgrades to the

existing ‘supply or production facilities as’ required by

the U.

S. EPA,’Illinois EPA or other regulatory agency.

The cost determined from the above formula shall be

adjusted as follows:

,

‘

a)

Annual adjustments to reflect increase or

‘decrease in actual cost of production.per annual audit

of Seller, provided however,

that in the event of a

dispute’as to the’actual cost of production,’ Purchaser

shall have the rights as set forth in paragraph C.5..

below..

After Seller has received its annual audit and

determined ‘its actual production cost for ‘the year of

such audit,

a determination will be made to’ascertain

the cost per thousand Buyer should have paid in the

year of such audit.

This new cost ‘will be multiplied

by the amount of water actually’ purchased in such year,

and the figure so obtained will be compared to the

actual amount paid ,by Buyer to determine

if Buyer

overpaid or underpaid in the previous year.

,

In the

• event Buyer underpaid,

Buyer will promptly pay‘Seller

the amount of such underpayment, provided that if the

amount of such underpayment is ‘greater “than $1,000,

Buyer may elect to pay such amount in’monthly

increments of $1,000 until paid in full.

In the event

Buyer overpaid, Buyer will receive a credit for the

amount of such overpayment on its next regular monthly

bill,

provided, ‘however,

that if the amount of such

overpayment is greater than $1,000,

Seller may elect to

credit such amount in monthly installments of $1,000

6

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until Buyer has received the full credit to which it is

entitled.

b)

Parties will agree to negotiate in good faith

adjustments to rates in the event of a catastrophic

event

(e.g.

earthquake) which seriously damages a

significant portion of Seller’s system serving

Purchaser.

c)

The amount attributable to annual Revenue from

Customers of Seller

(U)

shall be increased proportion-

ately to’any increase’in rates charged to Seller’s

retail customers.” If the actual revenue’ collected by

the Seller is less than $79,560 in the most recent

audited year,

the increase in revenue credited to

Purchaser shall equal the actual revenue times the

increase in rates.

If the actual revenue collected by

the Seller is greater than $79,560 in the most recent

audited year,

the increase in,’revenue credited shall

equal $79,560 times

the.

increase in rates.

The total

increase in revenue credited shall be cumulative;

i.e.

the,calculation of’revenue credited for future rate

increases shall be based on the then current revenue

credited.

d)

After the initial 30 years’of the Contract,

‘items

S, U & R shall be deleted from the’formula.

Water in excess of X as defined on Page 5

shall be

sold to Purchaser’at a cost of $1.30 per 1,000 gallons for

the first ‘five’years of this Contract’.’

After ‘the initial

five years. of this ‘Contract and each year. thereafter. for the

next” 25’. years’ of this Contract, ‘this rate shall be adjusted

upward or downward to reflect increases or decreases in the

Consumer Price Index of the U.

S. Department of Labor

(1984

=

100)

.

After the Initial 30 years’ of this Contract, all

water shall be priced in accordance with the formula in

effect at ,that time.

Purchaser agrees to pay Seller for such water at the

applicable rate not later than the 20th day of’ each month

for water ‘delivered in the previous month.

2.

That the rate payable shall in no event, be less

than $1.30 per 1,000 gallons and,

for’th’e first five years

of this Contract, shall not exceed $1.70

per. 1,000 gallons.

After the initial five years of this Contract and each yea.r

thereafter for the next

25 years, the

maximum rate shall be

adjusted upward or downward to reflect increases or

decreases in the Consumer Price Index of the U.

S.

7

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Department of Labor

(1984

=

100), provided however,

that

this rate limitation shall not apply in the event Seller is

required to make capital expenditures or change its method

of treating water as a result of a catastrophic event or a

requirement imposed upon Seller by the U.S. E.P.A.,

Illinois

E.P.A. or other regulatory agency.

Such adjustments shall

be calculated by multiplying the rate in effect for the

previous five year period by a fraction whose numerator’

shall be the Consumer Price Index, Revised,

“Urban Wage

Earners’ and Clerical’ Workers”, U.

S.’ City Average

(1984

=

100) Unadjusted, ‘Bureau’of Labor Statistics of the U.

‘S.

Department.:.of Labor,” for the month of December of.the ‘fifth

full’ year’. after. the.’ initial .delivery of water pursuant to

this Contract,

or the month of December of the fifth full

year after the previous adjustment, and whose denominator

shall be said Consumer Price Index, Revised,

“Urban Wage

Earners and Clerical Workers”,

U.

S. City Average

(1984

=

100) Unadjusted,

Bureau of Labor Statistics of the U.

S.

Department. of Labor Statistics ,of the U.

S. Department of

Labor,

for the month of January in the first year following

the initial delivery of water pursuant to this Contract or

the month’ of January in ‘the year immediately ‘following the

previous adjustment..

3.

To pay as an agreed cost a connection fee to

connect Seller’s system with’the system of Purchaser the sum

of $1,111,610 which shall cover any and all costs of the

Seller for installation of the metering equipment and the

oversizing of Seller’s treatment facility and delivery

system.

4.

To cooperate with Seller

in, obtaining necessary

permits:for

the.. right

‘toP

install water lines

on’ rights of~

way under

the’. jurisdiction ‘of township ‘and/or’ county highway

agencies’within Clay County,

Illinois..

C.

It is.further mutually agreed between the Seller and the

Purchaser

as

follows:

1.

The agreed upon connection fee of $l,111,flO as set

forth in Paragraph B.2. above is based’ upon Seller extending

water ‘lines from the Village

of. Bible ‘Grove to the Village

of Louisville along ‘a ‘line from the Village of Bible Grove

to the Village of Louisville.

In the event’the ‘Seller

determines’ to amend or adjust the lines in order to serve

additional rural customers,

then the additional costs for

construction of the lines

to serve such customers shall be

solely borne by the Seller with no expenses as to the

addition to the line charged to the Purchaser.

2.

That this Water Sales Contract shall extend for a

term of forty

(40) years from January 1 of the first year

8

---

following the date of the initial delivery of any water as

shown by the first bill submitted by the Seller to the

Purchaser and thereafter may be renewed or extended for such

term

or

terms

as

may be agreed upon by the Seller and

Purchaser.

Whenever,

in this Contract, there is a reference

to a term of years,

it is agreed that such term shall be

measured from January 1 of the year immediately following

the initial delivery of any water as shown by the first bill

submitted by Seller to Purchaser.

3..

Seller: and Purchaser both contemplate constructing

water.systems:with the. assistance’ of grants’and/or loans

from the Department. of, Commerce and Community Affairs and/or

furnished’ by” Or guaranteed by the Farmers Home

Administration.

Seller’s obligation to provide water to

Purchaser,

and Purchaser’s obligation to purchase water from

Seller,

is conditioned upon Purchaser receiving funding from

the Department of Commerce and Community Affairs and Farmers

Home Administration and Seller receiving an

FmHA

guaranteed

loan to construct the project, and this Water.Sales Contract

shall be void if..either party.shall..fail to receive’the

necessary funding to’construct the project. ,‘Because the

size of

Seller.’.s .water delivery line and water .treatment

plant are’dependent’upon whether Purchaser intends to

purchase water from Seller,

Seller may cancel this Water

Sales Contract prior to letting bids for construction’ unless

Purchaser has, prior to such time, given Seller assurances

that it

has; secured its funding and intends’to proceed with

the project...

Seller and Buyer shall further have ‘the. right

to cancel this Water Sales Contract in the event that the

lowest ‘responsible bid for,the Louisville’project shall be

greater than’ the.. estimated project cost of $2,131,600.

The

party desiring ‘to ‘cancel. this ‘Water Sales Contract

in:

accordanàewlththis’provision must’ so notify the other

party of its’ intention to do so in writing not’ less than 30

days following Seller’s notification to Buyer of the bids

received at the bid opening for the project.

4.

That the Seller will,

after the completion of its

system,

at all times operate and maintain its system in an

efficient manner and will take such .action as may be

‘necessary’ to’furnish the’ Purchaser with’quantities of ‘water

required by the Purchaser.’

Temporary.. or ‘partial failures to

deliver water shall be ‘remedied with all possible dispatch.

In the event of an extended shortage of water, or if the