RECEIVED
CLERK'S OFFICE
FEB 21 2006
Pollution Control
Board
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
February 16, 2006
Land Reclamation Services
)
Petitioner,
)
v .
)
IEPA- 06-
0
(Provisional Variance- ater)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
Re: Emergency Provisional Variance To Allow The Pumping
Of Water From A Quarry Owned By Land Reclamation Services
Dear Mr. Rakov :
The Illinois Environmental Protection Agency (Agency) has completed review of the attached
emergency provisional variance request submitted by Land Reclamation Services (LRS) on
February 2, 2006, and the follow-up formal provisional variance submitted February 14, 2006
.
LRS has requested an emergency provisional variance to allow pumping of water from a quarry
to Sugar Run Creek to prevent groundwater contamination, and electrical and safety hazards
.
Due to the emergency situation LRS received verbal notification from the Agency that the
emergency provisional variance could begin February 3, 2006
.
Background
LRS owns and operates a quarry located at 1127 South Chicago Street, Joliet, Illinois
.
Reclamation of this quarry consists of filling the quarry with clean fill materials . These materials
can include concrete, brick, clean dirt and clay generated from general construction and
demolition activities . The quarry is located at the outskirts of Joliet ; the quarry's location and
the fact that it conducts operations in a deep, multi-acre area ensure that its operations have a
minimal impact on the surrounding community
.
Because the quarry is well below the water table, water flows into the quarry through rock strata
that forms its walls. Water from Sugar Run Creek, which is immediately adjacent to the quarry,
also seeps through the quarry walls, and precipitation necessarily collects in the quarry as well
.
The quarry contains a retention basin that normally holds water runoff, but recent conditions
have caused the basin to overflow
.
When LRS submitted its request for a provisional variance on February 2, 2006, levels of water
had accumulated to more than forty feet deep in areas that were formerly dry . This accumulation
of water had risen dangerously close to several 480 volt transformers and was close to inundating
a uncapped well, which could have resulted in contamination of groundwater . In addition, trucks
entering and leaving the quarry were being inundated to a point that their brakes were lost, and it
was necessary to remove the mud from the trucks to prevent the mud from being deposited on
public roads .
Based on these emergency conditions, the Agency gave LRS verbal notification on February 3,
2006, that it could begin pumping the accumulation of water from the quarry to Sugar Run
Creek .
ReliefRequested
LRS requested a provisional variance to be allowed to pump water out of the quarry on an
emergency basis .
Agency Determinations
The Agency has reviewed the requested provisional variance and has concluded the following
:
1. The environmental impact from the requested relief
is
predicted to be minimal;
2. No other reasonable alternative appears available ;
3. No public water supplies will be affected ;
4. No federal regulations will preclude the granting of this request ; and
5. LRS will face an arbitrary and unreasonable hardship if the request is not granted
.
The Agency hereby GRANTS LRS a provisional variance to allow them to pump water from
their quarry located at 1127 South Chicago Street in Joliet, Illinois, to Sugar Run Creek subject
to the following conditions :
A. The provisional variance, which began on February 3, 2006, shall last for a period of 45 days,
ending on March 20, 2006
.
B
.
The following limitations for discharges apply to this provisional variance
:
Parameter
Concentration Limits
Sample
Sample
30 Day Avg
Daily Max
Frequency
Type
Flow
Daily
Ph
Shall be in the range of 6 to 9 Units
1/daily
grab
Total Suspended
35mg/I
70mg/I
1/daily
grab
Offensive Conditions
No effluent can contain settleable solids, floating debris, visible
oil
, grease, scum or sludge solids, color or odor . Turbidity
shall be below obviously visible levels .
C .
LRS shall continue to investigate any alternatives to pumping the water from the
quarry and shall report the findings of this investigation to the Agency within 30 days of
the expiration date of this provisional variance
.
D. LRS shall notify Roger Callaway of the Agency by telephone at 217/782-9720 when the
pumpage of water from the quarry ceases. Written confirmation of this notice shall be sent
within five days to the following address
:
Illinois Environmental Protection Agency
Bureau of Water -MC #19
Attention: Roger Callaway
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
E. The City shall sign a Certificate of Acceptance of this provisional variance and forward that
certificate to Roger Callaway at the address indicated above within one day of the date of
this order. The certificate should take the following form
:
I (We) , hereby accept and agree to be bound by all
terms and conditions of the provisional variance granted by the Agency in
dated
Conclusion
The Agency grants this provisional variance in accordance with its authority contained in
Sections 35(b), 36(c), and 37(b) of the Environmental Protection Act (415 ILCS 5/35(b), 36(c),
and 37(b) (2004). The decision to grant this provisional variance is not intended to address
compliance with any other applicable laws or regulations
.
obert A. Messina
Chief Legal Counsel
cc: Marcia Willhite
Roger Callaway
Vera Herst
Petitioner
Authorized Agent
Title
Date
