ILLINOIS POLLUTION CONTROL BOARD
    March
    7,
    1974
    ALTON BOX BOARD COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 74-5
    ENVIRONMENTAL PROTECTION AGENCY,
    ~espondent.
    OPINIONAND~ORDER OF THE BOARD
    (by Mr.
    Henss)
    On August
    9,
    1973 we granted Alton Box Board Company variance
    from Rules
    402,
    403,
    4C4(a)
    (i)and
    (b) (i)
    405,
    408(a),
    (b)
    and
    (C)
    and 921(a)
    of the Water Pollution Regulations
    and.
    a
    limited
    variance from Section
    12(a)
    of the Environmental
    Protection Act
    until April
    6,
    1974
    for the purpose of constructing new process
    and waste water treatment
    facilities
    at
    its paperboard mill
    located at Alton,
    Illinois.
    Subsequently Alton Box petitioned
    for
    an extension of that variance.
    The parties
    had
    difficulty
    resolving
    the issues and, pending final determination,
    Alton Box
    requested
    an interim variance to ~rune 20,
    1974.
    On March
    28,
    1974
    we denied interim variance because the parties had not proved
    their inability
    to meet our hearing schedule.
    Petitioner Alton Box Company
    now moves that we reconsider
    our Order of February
    28,
    1974 and grant the interim variance
    in
    order to facilitate
    the orderly disposition
    of this
    cause.
    Upon
    motion
    to reconsider
    the parties have supplied a considerable
    amount of additional
    information.
    We allow the moticu
    to
    reconsider.
    The Company will waive the requirement
    that our
    decision be made within 90 days if the interim variance is
    granted.
    The Agency now agrees to this
    2
    l/.2 month extension
    of the variance.
    The parties indicate that there will be
    a good probability
    of settlement of the issues
    if they can have the time to fully
    address their problems.
    The Agency states that its part of the
    case will take at least 30 days
    if the case must be tried to
    a
    conclusion.
    In view of that fact and the complexities of
    this
    case,
    it would seem reasonable
    to at least explore settlement
    possibilities.
    ii
    —511
    —2—
    Alton
    Box
    is
    spending
    $5.7
    million
    for
    its
    control
    program
    from funds generated internally,
    but the permanent
    financing
    will be
    from
    a sale
    of bonds
    to Aetna Life Insurance Company.
    One of
    the conditions
    of
    the bond sale
    is that the Pollution
    Control Board approve
    the Altos Box control program.
    A new development which was unknown to
    us from the
    first
    record
    is that the outlet of Shields Branch to
    the Mississippi
    has been closed
    by
    the Corps of Engineers.
    As
    a result of
    this,
    a
    60 acre impoundment has formed and has
    created
    a substantial
    problem with hydrogen sulfide gas.
    Alton Box along with several
    other industries has contributed
    its effluent
    to this impoundment.
    There are odor problems
    in
    the community
    and the color of
    some
    of
    the houses has been changed
    through reaction of
    the
    hydrogen
    sulfide gas with
    the paint.
    The Corps
    of Engineers will install
    new drainage
    to the Mississippi
    at
    a different
    location and this
    will
    be available
    in April
    1974.
    This impoundment has caused
    large environmental problems including
    the possible eventual
    pollution caused from drainage
    to
    the Mississippi,
    a land pollution
    problem from sludge and odor problems
    from the hydrogen sulfide.
    Alton Box claims
    that it could not legally be required to
    nerform any cleanup
    of
    the impoundment but as
    a further inducement
    toward
    a settlement
    states that the Company will spearhead
    a
    program
    for
    the cleanup of
    this
    impoundment.
    The Board finds that
    it would create an unreasonable hard-
    ship
    to require Aiton Box
    to comply prior
    to June
    20,
    1974 with
    the requlations
    from which we granted variance
    in PCB
    73—140.
    Therefore, we will grant
    an interim variance
    to that date.
    We
    find that Alton Box has waived its
    rights
    to
    a Board decision
    prior to June
    20,
    1974.
    In allowing
    this interim variance
    it
    is our intention
    to facilitate
    the more permanent disposition
    of
    the
    case.
    The Agency and Alton Box Board Company
    should address
    the
    issues
    in sufficient
    time
    so that
    a hearing can be scheduled
    and
    the Board may receive
    a
    transcrint of proceedings
    in
    ademuate
    time
    to decide
    the case prior
    to June
    20,
    1974.
    Hopefully,
    the parties will come
    to some agreement prior
    to hearing but
    if
    they cannot then they should be prepared
    to contest the issues.
    ORDER
    It is
    the
    Order
    of
    the
    Board
    that the variance granted
    to
    Alton Box Board Company on August
    9,
    1973
    in
    PCB 73—140
    is
    hereby
    extended
    to June
    20,
    1974.
    All terms
    and conditions
    of the
    variance remain in effect.
    11
    ~-512
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order was ~dopted
    this
    ~74~
    day of
    __________,
    1974 by a vote of ~~toU.

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