ILLINOIS POLLUTION CONTROL BOARD
October 9, 1986
ALTON PACKAGING CORPORATION,
Petitioner,
v.
)
PCB 86—71
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
MR. EDWARD M. PYATT APPEARED ON BEHALF OF THE PETITIONER; AND
MR. RICHARD C. WARRINGTON, JR. AND MR. JIM FROST APPEARED ON
BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD (by 3. Marlin):
This matter comes before the Board upon a May 17, 1986
petition for variance filed by Alton Packaging Corporation (Alton
Packaging) and the Army Corps of Engineers (Corps), on behalf of
Alton Packaging. Alton Packaging is requesting a variance from
35 Ill. Adm. Code 304.141, Terms and Conditions of NPDES Permits,
and 35 Ill. Adm. Code 304.120, Deoxygenating Wastes, for a period
of time during which the Corps will be altering.Alton Packaging’s
effluent line. On May 22, 1986, the Board ordered the
Petitioners to submit additional information. The Petitioners
responded to this order by filing an Amended Petition on June 16,
1986. On June 9, 1986, the Board received a Letter of Objection
written by Carolyn 3. Tucker, a citizen writing on behalf of
herself. The Board set this matter for hearing by their order of
June 20, 1986. On August 14, 1986, the Board granted the
Illinois Environmental Protection Agency’s (Agency) motion for
leave to file Instanter the Agency’s Variance Recommendation.
The Agency recommended the granting of this variance. The
hearing was held on August 18, 1986 in Granite City, Illinois.
No members of the public attended the hearing.
Alton Packaging is a paperboard mill which manufactures
corrugated containers by recycling old corrugated boxes and hard
mixed. The mill is located on a 107—acre site in Alton,
Illinois. Alton Packaging employs about 300 persons. The mill
processes about 600 tons per day of recycled fibers to
manufacture its containers. The stock preparation system has a
capacity to handle 635 tons per day. (Pet. p. 1).
73-47
2
Aiton Packaging’s effluent treatment system consists of a
complete mix activated sludge system followed by tertiary
polishing filters. The treated effluent is presently being
discharged directly into the Mississippi River in compliance with
Altori Packaging’s NPDES permit No. 0000213. (Pet. p. 1) A
discharge line transports the effluent directly to the
Mississippi where it is discharged into the river at river mile
201.1. The NPDES permit requirements are 20 mg/i (30—day
average) Biochemical Oxygen Demand (BOD) with a daily maximum of
40, and 25 mg/l (30—day average) 9f suspended solids (SS) with a
daily maximum of 50. (Rec. p.
3)•i
Past data regarding the
discharge from Alton Packaging shows the following:
For Calendar Year 1985:
Discharge in Million
Average
Low (Apr.)
High (Nov.)
GallonE Per Day
2.441
2.263
2.709
For Period from 6/85 to 5/86:
Actual
Daily
Actual
30—day Avg.
30-day Max. Max. Avg. Daily Max.
BOD, mg/i
6.5
18.0
13.1
47.0
TSS, mg/i
5.4
8.9
13.7
22.7
(Rec. p. 3)
The Corps is scheduled to begin a two—year construction
project entitled “Alton Pump Station Relocation” in September,
1986. As a part of this construction project the Corps, sometime
during this two—year period, will have to make alterations on
Alton Packaging’s effluent line. During the time of alteration
on the line, which is anticipated to be one month, Alton
Packaging would like to discharge its effluent into an adjacent
drainage ditch which flows to a main drainage ditch. Flow from
this main ditch would eventually be discharged into the
Mississippi River. The effluent limits for the adjacent ditch
are 10 mg/i BOD and 12 mg/i SS, because the dilution ratio is
less than five to one. Since Alton Packaging’s discharge
sometimes exceeds these limits, a variance is needed to allow it
to discharge into the adjacent drainage ditch (Pet. p. 2).
Therefore, Alton Packaging is seeking a 30—day variance to begin
when the effluent line undergoes alterations.
Alton Packaging claims that alternative ways to achieve
compliance would impose arbitrary or unreasonable hardships. The
existing treatment plant is not equipped to meet the stricter
standards that the drainage ditch discharge requires. Alton
1 The Board notes that pursuant to 35 Ill. Adm. Code 304.104(a),
current permits are issued requiring a “monthly average” rather
than a “30—day average.”
73-48
3
Packaging claims that the short time period of the alteration
“does not justify the economics to upgrade the facilities.” (Pet.
p. 3). Furthermore, Alton Packaging asserts that the time period
needed to upgrade the plant would be longer than that required
for the line alteration. Another alternative would have the
Corps construct a temporary outfall to the Mississippi River.
However, Illinois Route 3 and railroad tracks lie between the
treatment facility and the river. Since these arteries could not
be blocked, the temporary effluent line would have to be buried
beneath them. The Environmental Protection Agency (Agency) has
classified this alternative as being “financially burdensome” and
“technically difficult” when considering that the temporary line
would only be needed for about one month. (Rec. p. 4).
Consequently, Alton Packaging claims that in order to maintain
compliance, major design modifications to the Corps’ project
would be necessary. These modifications would cause considerable
cost increases as well as major scheduling changes for the Corps’
project. (Pet. p. 4).
During the time that the Corps will be altering Aiton
Packaging’s normal effluent line, they will also be dredging the
main ditch through which Alton Packaging’s discharge will flow.
This main ditch is presently about two miles long, and according
to Alton Packaging, it experiences periods of zero flow during
the summer. The main ditch receives flow from other drainage
ditches as well as flow from storm sewers of the City of Alton.
Alton Packaging claims that the water quality in the main ditch
is poor. Also, the banks of the main ditch lack cover, a factor
which elevates the water temperature. Due to these conditions,
Alton Packaging concludes that only tolerant species could
survive in this main ditch. Most importantly, though, the
dredging of this main ditch by the Corps will be quite
disruptive. Alton Packaging quotes an environmental assessment
which stated that the dredging project “will probably eliminate
the existing aquatic community during construction.” (Am. Pet.
p. 1) Alton Packaging also claims that the Corps activity in the
main ditch will churn up bottom sediments, thereby, creating
biochemical oxygen demand and suspended solid levels higher than
those from Alton Packaging’s discharge. Therefore, Alton
Packaging contends that there will be minimal environmental
impact if a variance is granted, since the Corps will already be
dredging the main ditch during the time of the variance (Pet. p.
3).
In its, Recommendation, the Agency notes that the dredging
activity by the Corps will leave “little or no biota in the
ditch.” Consequently, the Agency concludes Alton Packaging’s
discharge will have “minimal impact on the stream.” It also
notes that Alton Packaging’s discharge is of “such quality that
it would very nearly meet the 10/12 standard normally required to
discharge in an intermittent stream.” (Rec. p. 4). The Agency
recommends that this variance be granted subject to several
conditions. It specifically suggests that the variance should
begin on the date of the actual effluent diversion and extend for
73.49
4
30 days or upon completion of the Corps’ alteration of the
effluent line, whichever occurs first. (Rec. p. 6, R. p.
11).
On a procedural matter, the Agency also recommends that the
Corps name be deleted from the caption of this proceeding. Since
Alton Packaging holds the permit and the action sought is a
variance from this permit, then Alton Packaging should be the
only named Petitioner. The Agency states that the Corps merely
acted as an agent for Alton Packaging when it signed the
Petition. (Rec. p. 5). Furthermore, the Agency asserts that
although the Corps actions have forced Alton Packaging into
seeking this variance, it is Alton Packaging, the permit holder,
who is legally obligated to maintain compliance. (R. p. 11). On
the other hand, Alton Packaging would like to keep the Corps name
on this proceeding, because if it were not for the construction
activities of the Corps, Alton Packaging would never have had to
seek this variance. (R. p. 6).
Findings
The Board finds that if this variance is granted, thereby
allowing Alton Packaging to temporarily discharge its effluent
into a drainage ditch undergoing construction, minimal
environmental impact will result. The Board agrees that the
construction of a temporary effluent line or the modification of
the existing treatment facility would constitute an unreasonable
expense and disruption given the short time frame. The Board
notes that Alton Packaging is currently in comp1ianc~with its
NPDES permit, which allows discharge directly into the
Mississippi River. There is no reason to believe that Alton
Packaging would not be in compliance once it is able to use its
effluent line again.
Given the minimal environmental impact, the short duration
of the variance, and the available compliance alternatives, the
Board finds that Alton Packaging would suffer an arbitrary or
unreasonable hardship if denied this variance. Therefore, the
Board will grant Alton Packaging a variance from 35 Ill. Adm.
Code 309.141, Terms and Conditions of NPDES Permits, and 35 Ill.
Adm. Code 304.120, Deoxygenating Wastes. This variance will
begin on the day the discharge is actually diverted to the
drainage ditch and extend for a period of 45 days or until the
Corps is finished working on Alton Packaging’s effluent line,
whichever occurs first. Although Alton Packaging anticipates
that the construction on their effluent line will only take 30
days, the Board is allowing 45 days for this variance. This
gives some leeway time in the event of unforeseen construction
delays. It also helps avoid further time and effort on the part
of Alton Packaging and the Board by reducing the chance of having
to deal with a short—term variance extension. However, the Board
requires that this variance period occur sometime within two
years from this date.
73-50
5
With regards to the issue of captioning this proceeding, the
Board will delete the Corps’ name. The Agency correctly points
out that Alton Packaging is the permit holder, and as such is the
only party responsible for maintaining compliance. The variance
is granted to Alton Packaging and not the Corps. The Corps
merely submitted the Petition on behalf of Alton Packaging. (Pet.
p. 1). Consequently, having only Alton Packaging’s name upon the
caption would more accurately reflect, for filing and reference
purposes, the true parties to this variance petition.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
The Board hereby grants Alton Packaging a variance from 35
Ill. Adm. Code 304.141, Terms and Conditions of NPDES Permits,
and 35 Ill. Adm. Code 304.120, Deoxygenating Wastes, subject to
the following conditions:
I) Variance is effective for two years and shall commence on the
date that the Petitioner’s discharge is actually diverted
from the effluent line to the drainage ditch and shall
continue for 45 days or upon completion of the Corps’
construction work, whichever occurs first.
2) Since the exact date when the temporary change in the
location of the discharge will occur is uncertain, Petitioner
shall notify the Agency’s Collinsville Regional Office (618—
345—6220) at least 24 hours in advance of the time the
temporary change will occur. This notification shall be
followed by written notification addressed to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
Springfield, Illinois 62706
Attn: Mike Severns
3) Petitioner shall notify the Agency as to when the work is
completed as in #1 above.
4) Petitioner shall meet its NPDES effluent limits during the
term of the variance.
5) Petitioner shall continue to operate and maintain its
treatment works to produce as high a quality effluent as
possible.
6) Petitioner shall execute and forward to the Environmental
Protection Agency, Division of Water Pollution Control,
Compliance Section, 2200 Churchill Road, Springfield,
Illinois 62706, Attn: Jim Frost, and to the Pollution
73-51
6
Control Board within forty—five days after the date of the Board
Order herein a Certificate of Acceptance and Agreement to be
bound to all terms and conditions of the Variance, the form of
said Certificate to be as follows:
CERTIFICATION
Alton Packaging Corp. a subsidiary of the Jefferson Sinurfit
Corporation, has received and understands the Order of the
Illinois Pollution Control Board in PCB 86—71 and hereby accepts
said Order and agrees to be bound to all of the terms and
conditions thereof.
By____________________________________
Title or Company Position
Date
IT IS SO ORDERED.
3. D. Dumelle and 3. Anderson concurred.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert,~j~thatthe above~pinion and Order was
adopted on the
‘7’
~ day of ~
,
1986, by a
vote of __________________________
~
Dorothy M. G nn, Clerk
Illinois Pollution Control Board
73-52
ILLINOIS POLLUTION CONTROL BOARD
October 9, 1986
ALTON PACKAGING CORPORATION,
Petitioner,
v.
)
PCB 86—71
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
MR. EDWARD M. PYATT APPEARED ON BEHALF OF THE PETITIONER; AND
MR. RICHARD C. WARRINGTON, JR. AND MR. JIM FROST APPEARED ON
BEHALF OF THE RESPONDENT.
CONCURRING OPINION (by 3. Anderson):
I do not agree with the reasons given in the Board’s Opinion
for excluding the Army Corps of Engineers as a co—petitioner.
The Corps’ project is not taking place at Alton Packaging’s
behest. Alton Packaging has no control over, and thus no way of
“maintaining compliance” with, the 45 day or less time limit
included as a condition of this variance. (Opinion and Condition
No. 1 of Order, p. 5)
It would have been far more reasonable, I believe, to have
either a) retained the Corps as a co—petitioner or b) tied the
time limit to the completion of the Corp’s work. As it is, I
must trust that the Corps will take whatever steps that are
necessary to assure that Alton Packaging is not placed in the
untenable position of violating a Board regulation and its NPDES
permit because the Corps took longer than 45 days.
For these reasons, I concur.
1’
__________________I
/Joan G. Anderson
/
Member of the Board
73.53
—2—
I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Concurring Opinion was
submitted on the
/C7L~
day of
(~?z~6e~.
,
1986.
Dorothy M. GtIrin, Clerk
Illinois Pollution Control Board
73-54