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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—2—
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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(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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