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

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