ILLINOIS POLLUTION CONTROL BOARD
December 17, 1998
IN THE MATTER OF:
PETITION OF ABBOTT LABORATORIES
FOR ADJUSTED STANDARD FROM 35
ILL. ADM. CODE 302.208 AND 304.105
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AS 99-5
(Adjusted Standard - Water)
ORDER OF THE BOARD (by N. J. Melas):
On November 12, 1998, Abbott Laboratories (Abbott) filed a petition with the Board
for an adjusted standard from 35 Ill. Adm. Code 302.208(g) and 304.105.
Abbott requests relief
from the general use water quality standards for chlorides and total dissolved solids (TDS).
The
requested adjusted standard applies to a stretch
of the Middle Fork of the North Branch of the Chicago
River below Abbott’s two discharge points.
On December 3, 1998, Abbott filed a certification of
publication.
The petition has not adequately addressed certain informational sufficiency
requirements of 35 Ill. Adm. Code 106.705
that pertain to the nature of the discharge, compliance
alternatives, and environmental impact.
Specifically the petition fails to provide:
1.
A complete description of “the qualitative and quantitative nature of emissions,
discharges or releases currently generated by the petitioner's activity” 35 Ill.
Adm. Code 106.705(d). While Abbott has provided information
concerning the levels of chlorides and TDS in its effluent discharge, it has not
provided any specific information about the effluent discharge flow rates from
the
discharge points into the Middle Fork. Abbott contends that storm water
runoff
from Illinois Highway 43 is a major contributor of TDS and chlorides to
its
pond system. Abbott must provide the Board with figures on the amount
of
discharge attributable to stormwater runoff, process water, and (if
applicable)any
other source.
2.
A discussion of all compliance alternatives with the corresponding costs for
each alternative, including a discussion of the “overall capital costs as well as
the
annualized capital and operating costs.” 35 Ill. Adm. Code 106.705(e).
In discussing alternative deicing strategies, Abbott states that the
use of alternative
materials would be 100 times more expensive than salt based
compounds, but
does not present any detailed cost information as required
by Section 107.105(e).
Also, Abbott has not provided enough information
concerning the option of
sending the discharge from its ponds to the local
sanitary district for treatment.
Specifically, Abbott does not address
whether the sanitary district would be
willing to accept the discharge from
its pond system. If the sanitary district
would accept and treat the
discharge, then Abbott must provide figures on how
much this option will
cost.
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3.
A complete “narrative description of the proposed adjusted standard as well as
proposed language for a Board order which would impose the standard.” 35 Ill.
Adm. Code 106.705(f). In its petition, Abbott states that it is
periodically
not in compliance with water quality standards during the
winter months. Pet. at
5. However, Abbott does not specify if the
proposed adjusted standard should be
in effect throughout the year or only
for the winter months. The Board directs
Abbott to clarify this point.
4.
“The quantitative and qualitative impact of the petitioner's activity on the
environment if the petitioner were to comply with the regulation of
general
applicability as compared to the quantitative and qualitative
impact on the
environment if the petitioner were to comply only with the
proposed adjusted
standard.” 35 Ill.Adm. Code 106.705(g). While the
petition addresses the
qualitative impact of the proposed adjusted
standard, it does not include any
information concerning the quantitative
impact on the Middle Fork due to the
the effluent from the discharge
points.
The Board therefore directs the petitioner to address the information requirements of Section
106.705 in an amended petition. The amended petition must be filed with the Board by January 15, 1999,
or this petition will be dismissed.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 17th day of December 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board