ILLINOIS POLLUTION CONTROL BOARD

December 6, 1989

MEAD, PACKING DIVISION,

Petitioner,

V.

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PCB 89—196

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ILLINOiS :NVIRONMENTA:

PROTECTION

AGNCI,

Respondent.

OPIN:ON

AND

ORDER OF THE BOARD (by J.

Marlin):

This matter comes before the Board on the December 5, 1989

recommendation filed by the Illinois Environmental Protection

Agency (Agency). The Agency recommends that the Board grant Mead

a provisional variance from December 18, 1989 to January 31, 1990

from 35 Ill. Adm. Code 215.401, to the extent such a variance

woud allow Mead to operate without controls using coatings. The

Agency maintains that Mead

would suffer arbitrary

and

unreasonable hardship if denied this relief.

Mead operates a plant at Godfrey, in Madison County. The

plant manufactures beverage and soap cartons. Mead has 706 tons

of wax lamihated board worth about $530,000 in stock at its

plant. Mead has been unsucessful in its attempt to use complaint

inks and varnishes on this material, because such materials

produce a defective product. Mead has been unsucessful in its

attempt to return this material to its sutplier, and shipment to

another Mead location is cost prohibitive. Mead would use this

material in production in eight production days in December and

January if granted this provisional variance.

The Agency recommends that the Board grant the provisional

variance with four conditions. The fourth condition is that

Modern Foundry execute a certificate of acceptance. Although the

3oard does not normally require s~Thcertification for

provi~ona variances, the Board includes this condition because

the Agency has requested it. The Board has split a part of the

fourth Agency—recommended condition into a fifth condition in its

Order.

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OR

DER

The Board hereby grants Mead a provisional variance from 35

Ill. Adm. Code 215.401., subject to the following conditions:

1. This provisional variance applies only to the 706 tons of

wax laminated board presently in its stock at its Godfrey

plant. Mead shall not apply noncompliant inks and

varnishes to any other materials.

2. Mead shall submit, within three days of the end of each

calendar week, a written report of the amount of wax

laminated board remaining in stock, the production days

on which Mead printed wax laminated board, the amount of

was laminated board Mead printed, and the VOM emissions

from printing wax laminated board.

3. Mead shall submit the written report required above the

the Agency addressed as follows:

Regio~a1 Manage~

Illinois Environmental Protection Agency

2009 Mall Street

Collinsville, IL 62234

4. Mead

shall, within ten days of the date of this Order,

execute and forward to

James

J.

O’Donnell

Enforcement Programs

Illinois Environmental Protection Agency

2200 Churchill Road

Post Office Box 12976

Springfield, IL 62794—9276

a certificate of acceptance in -he following form:

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CERTIFICATION

I, (We),

hereby accept and agree to be bound by all terms and conditions

of the Order of the Pollution Control Board in PCB 89—194,

December 6, 1989.

Petitioner

Authorized Agent

Title

Date

5. This provisional variance shall not become effective

until after Mead has executed and forwarded the

certificate of acceptance as required above.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Opinion

and Order

was

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1989, by a vote of

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Dorothy M.Z~unn,

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Clerk

Illinois ~o~Llution Control Board

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