ILLINOIS POLLUTION CONTROL BOARD

May 22, 1975

ALTON BOX BOARD COMPANY,

Petitioner,

v.

)

PCB 74—491

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Mr.

Carl K.

Hoagland, Jr.,

Attorney of Record for Petitioner;

Mr.

Henry

J.

Hanzel,

Jr., Attorney of Record for Respondent.

ORDER OF THE

BOARD

(by Mr. Dumelle):

Alton Box Board Company

(Alton)

filed a Motion for

Modification

of Order on April

30,

1975.

On May 12, 1975

the Environmental Protection

Agency

(Agency)

filed a Response

to Motion for Modification of Order.

Alton seeks

a modification to several paragraphs of tne

Order entered on March 26,

1975 in the above captioned

matter.

Alton seeks to have included within paragraph

1 of

the previous Order a variance from Rules

404(a)

Ci)

and

408(a)

of the Water Pollution Regulations as they apply to

total suspended solids.

Alton st.ates that the previously

granted variance

(PCB

74-5), which was extended in the present

case,

included a variance from Rules

404(a) (i) and 408(a).

The Agency recommends that the Board not modify its present

Order because Rule

404(b)

is the applicable limitation in that

Alton’s untreated waste load is greater than 10,000 population

equivalents.

The Agency also states that the total suspended

solids limitation of Rule 408

is applicable to sources

othe..

than those covered by Rule 404.

The Board agrees with the

Agency’s contention that Rules

404(a) (i) and 408(a)

are not

applicable and therefore denies Alton’s Motion to Modify

paragraph 1 of the previous Order.

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Alton requests that the Board delete paragraph 2 of the

previous Order which sets

forth maximum numerical limitations

allowable under the variance from Rule 408(a).

Alton objects

because these numerical limitations were based on

a single

test result made during 1973.

The Agency objects to the

requested modification and states that the single test

result was in response to paragraph

4 of the Board Order in

PCB 73-140 which provided:

As further condition,

Petitioner shall by September 30,

1973,

submit to the Board and the Agency data that

precisely and clearly shows current and anticipated

concentrations of all contaminants cited in Part IV of

the Water Pollution Regulations of Illinois for the

mill influent liquid to and effluent liquid from wastewater

treatment works.

Alton alleges that it has fully and timely complied with all

of the Board arrangements and conditions set forth in PCB

73-140.

In PCB 74-5,

it sought an extension from the variance

originally granted in PCB 73-140. Alton submitted a copy of

the report required by paragraph

4 of the Board Order in PCB

73-140 as Exhibit 27 in PCB 74-5.

The Agency submitted this

report as Agency Exhibit

2 and Exhibit A to the Agency’s

Response to Alton’s Motion to Modify in the present case.

The

numerical limitations incorporated within paragraph

2 of the

Board’s March

26, 1975 Order are based upon the data required

by paragraph 4 of the Board Order in PCB 73-140.

Nothing

contained in Alton’s Motion to Modify convinces the Board

that the numerical limitations proposed by paragraph

2

should be modified.

Therefore the Board denies Alto&s

Motion to Modify Paragraph

2.

In the event that Alton

cannot comply with the numerical limitations found in paragraph

2, Alton should undertake additional monitoring and submit

the results to the Board as a variance from the above Order.

Alton also seeks a modification of the dates that

reports are required to be filed under paragraphs

5,

6,

and

12 of the Order.

Alton states that although the Order was

adopted on March 26,

1975 it was not received by Alton until

April

8,

1975.

A copy of the Board’s Opinion and Order was

sent to Alton by certified mail on April

1,

1975.

The

Agency has no objection to the requested extension of the

date under paragraph

5,

6, and 12.

The Board hereby modifies

paragraph

5,

6, and 12 of the previous Order as follows:

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126

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(5) That Alton submit a report on or before May 27,

1975 detailing the steps which it has taken and intends to

take to neutralize or treat the sludge remaining in the

impoundment area.

(6) That Alton submit on or before June

6,

1975

a

report setting forth an engineering program acceptable to

the Agency for disposal of the sludge removed from the

sludge lagoons or clarifier.

(12) That Alton submit to the Agency an acceptable

abatement program from the water treatment facility to the

ditch on the north side of the Alton mill property on or

before May 22,

1975.

Alton additionally requests that the compliance schedule

required by paragraph

3 and the requirement of paragraph 7

should be modified by

a “standard force majure provision”.

The Agency recommends that no modification is necessary

because the Board is required by statute to take mitigating

circumstances into effect whenever it enters an order.

The

Board agrees with the Agency and finds no reason to modify

paragraph 3 or

7.

Alton further requests that the time for filing

a

statement with the Board accepting all terms and conditions

of the variance pursuant to paragraph 11 of the Order be

extended to

35 days from the date of the Board’s ruling on

this Notion.

The Agency objects and states that Alton

should be required to respond within 10 days from the date

of the Board’s ruling.

The Board hereby modifies paragraph

11 of the Order to read as follows:

(11)

That Alton file

a statement with the Board and the

Agency accepting all the terms and conditions of any variance

extension on or before June

2,

1975.

IT

IS SO ORDERED.

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

Cont~l Board, hereby certify the above Order was adopted on the

~1V

day of May,

1975 by a vote of

_________________

QL~~c~

~

Christan L. Moff

1,cJjcjlerK

Illinois Pollutiont~~tro1Board

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