ILLINOIS POLLUTION CONTROL BOARD
    September 17, 1998
    JEFFERSON SMURFIT
    CORPORATION (Alton Mill),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-43
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 15, 1998, the Illinois Environmental Protection Agency (Agency) filed a
    request for a provisional variance and notification of recommendation. The Agency
    recommends that the Board grant a 45-day provisional variance. The provisional variance
    would allow the petitioner’s Madison County facility to repair its wastewater treatment plant.
    The provisional variance would allow bypass discharge of final effluent into a drainage ditch
    known as Sheppard’s ditch while repairs are made to the facility’s effluent line. In making its
    recommendation, the Agency states that failure to grant the requested provisional variance for
    45 days will result in an arbitrary or unreasonable hardship on the petitioner.
    The Board grants the petitioner a provisional variance from 35 Ill. Adm. Code 302.212
    as it applies to ammonia nitrogen and un-ionized ammonia, 35 Ill. Adm. Code 304.120(c) as it
    applies to the limits for biochemical oxygen demand and total suspended solids, 35 Ill. Adm.
    Code 309.102 which prohibits discharges not specifically allowed by National Pollutant
    Discharge Elimination System permit, Section 12(f) of the Environmental Protection Act (Act)
    (415 ILCS 5/12(f) (1996)), and the Board’s regulations. The Board is required, in a
    provisional variance, to adopt a formal order, assure formal maintenance of the record, assure
    the enforceability of the variance, and provide notification of the action by press release.
    Pursuant to Section 35(b) of the Act (415 ILCS 5/35(b) (1996)), the Board must issue the
    provisional variance within two days of the filing.
    The Board hereby grants the petitioner a provisional variance beginning on
    September 2, 1998, and continuing for 45 days or until the effluent line is returned to service,
    subject to the following conditions:
    1.
    The petitioner shall notify Barb Conner of the Illinois Environmental Protection
    Agency by telephone at 217/782-9720 when the repairs are completed.
    Petitioner shall confirm this notice in writing within five days to the address
    noted below:
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    Illinois Environmental Protection Agency
    Bureau of Water - Compliance Assurance Section
    Attention: Barb Conner
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    2.
    The petitioner shall meet its National Pollutant Discharge Elimination System
    permit effluent limits.
    3.
    The petitioner shall sign a certificate of acceptance of this provisional variance
    and forward that certificate to the Agency within ten days of the date of this
    order. The certification should take the following form:
    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 99-43 dated September 17, 1998.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 17th day of September 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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