ILLINOIS POLLUTION CONTROL BOARD

October 27, 1982

GEORGIA-PACIFIC CORPORATION,

)

Petitioner,

)

V.

)

PCB 82—93

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Respondent.

BEVERLY

V.

GROLSON,

ATTORNEY

AT

LAW,

APPEARED

ON

BEHALF

OF

PETITIONER;

GARY

P.

KING,

ATTORNEY

AT

LAW,

APPEARED

ON

BEHALF

OF

RESPONDENT.

OPINION

OF

THE

BOARD

(by

D.

Anderson):

This

matter

comes

before the Board upon a petition for

variance filed July 21, 1982,

as amended on August 5,

1982,

by Georgia-Pacific Corporation

(G-P).

The petition requested,

for G-P’s paper mill in Christian County,

a variance from

conditions of a compliance plan ordered by the Board in a

previous enforcement action

(PCB 76-241).

On August

30, 1982

the Illinois Environmental Protection Agency

(Agency)

recoin—

mended that the variance be granted with conditions.

The Recommendation included objections and public comment

received by the Agency but not transmitted to the Board within

the time limitations of Section 37 of the Environmental

Protection Act

(Act).

On September 15 the Board, after receiv-

ing a petition signed by numerous Taylorville residents,

ordered a hearing on its own motion.

The hearing was held on

October

6,

1982 at Taylorville.

No members of the public

attended.

At the time the hearing was ordered, September 15, 1982,

there remained only 42 days for decision.

This was insuffi-

cient for the hearing officer to give three weeks notice to

the parties and objectors as required by 35 Ill. Adm. Code

104.200, and still leave

time

for filing of the transcript

and Board consideration.

The Agency indicated that it had

notified two objectors by telephone:

Cynthia Adams, who had

written a letter;

and Edythe Bare, who had drafted the citizens

petition.

These objectors indicated to the Agency that they

had no objection to the variance after the request was explained

to

them.

49-229

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—2—

Petitioner

owns

and operates a paper mill located in

Taylorville, Christian County.

Petitioner’s mill manufactures

fine grade papers,

including stationery, envelope stock,

ledger paper and associated products from cellulose pulp

received from other mills.

The

maximum

capacity of the paper

machine is around 90 tons/day.

Fresh water is obtained from

private wells on the property, with city water used in the

plant boilers and as

a backup service.

According to the Recommendation, wastewater is produced

by four sources:

(1) excess from the paper—making process

(white water);

(2) pump seal water;

(3)

floor water

(hose and

pipe

leakage);

and

(4)

cooling water.

Sanitary wastewater

is

discharged

to

a

city

sanitary

sewer.

Wastewater from Petitioner’s mill, averaging 0.77 MGD

(Million Gallons per Day)

for the period from June, 1981 through

May,

1982 flows approximately 2

1/2 miles to its wastewater

treatment facilities.

Present’y these facilities consist of

a 3/4 acre settling basin followed by a 25 acre aerated lagoon

with a discharge to a small tributary to the South Fork,

Sangamon River.

Originally this facility consisted of two

25 acre cells

(the present settling basin is located within

one of the former 25 acre cells).

On April

2, 1981, the Board in PCB 76-241 found Petitioner

in violation of Rule 102 of Chapter 2, Rules

402, 410(a)

and

901 of Chapter

3 and Sections 9(a),

12(a),

12(b)

and 12(f)

of

the Act.

The Board ordered Petitioner to comply with all the

terms and conditions of the Stipulation and Proposal for

Settlement (Settlement)

filed December 30,

1980 as well as

pay a fine of $10,000.

Under the terms of the Settlement in PCB 76—241, Petitioner

agreed to discontinue the use of the wastewater lagoon facility

as soon as the wastewater from the paper mill is discharged to

the Taylorville Sanitary District.

The District was issued a

federal grant on November 13, 1981 in the amount of $2,542,575.

This sum represents 75

of the eligible costs, certified by the

Agency, for expansion and upgrading of the District’s facility.

The remaining local share of the project will be paid by G-P

under the terms of an agreement with the District.

The Agency

endorsed award of the construction bid in July,

1982.

Construc-

tion has been underway on this project for approximately three

months.

The Agency anticipates that construction will be

completed in October,

1983.

At that time, Petitioner will begin

discharging to the District’s facility.

The Settlement

(PCB 76—241)

required several steps to be

taken. until the tie-in to the Taylorville Sanitary District is

achieved to reduce odors and improve effluent quality.

Those

49-230

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—3—

requirements are set forth. in Paragraph D of the

Settlement.

Petitioner seeks

a variance from items

ii, iv and v of the

Settlement.

With regard to these items, the Settlement reads

as

follows:

(ii)

Part of the old lagoon one will be used for the

construction of 3/4 acre presettling ponds.

After each presettling pond has filled with

settled solids, the flow from the mill to such

pond will be diverted to a new presettling pond.

After they are no longer needed, every existing

presettling

pond

which

is

now

full

and

every

presettling

pond

that

is

used

in

the

future

will

be

covered

with

dirt,

fertilized,

and

a

vegetative

growth established within one year, unless Peti-

tioner demonstrates that it would cause an arbitrary

and unreasonable hardship to comply with this time

limitation.

(iv)

Any area of lagoon one that is not used

for

pre—

settling or intermediate settling ponds will be

covered with at least one foot of dirt, fertilized,

and a vegetative growth established within one year,

unless Petitioner demonstrates that it would cause

an arbitrary and unreasonable hardship to comply

with this time limitation.

A dewatering pit will

be constructed in this area to keep the water level

as low as possible.

Water from this pit will be

pumped into the intermediate settling pond.

(v)

All seeding and fertilization is to be done by

applying 500 pounds per acre of 10-10—10 fertilizer

and 50 pounds per acre of tall fescue seed mix.

Petitioner proposes as conditions of variance from the

Settlement that the following language be included:

D.

ii)

Basins B,

C and E1 will be covered by November 30,

1982.

Basin D will be used for presettling.

After

Basin D is no longer needed, it will be covered with

dirt,

fertilized and a vegetative growth established

within one year, unless Respondent demonstrates that

it would cause an arbitrary and unreasonable hardship

to comply with this time limitation.

iv)

Cell 1 will be covered with dirt as the dirt becomes

available from several construction projects in the

Taylorville area.

Final cover and grade will be

established by bulldozing the surrounding dikes no

later than December 30,

1983, unless Respondent

demonstrates that it would cause an arbitrary and

unreasonable hardship to comply with this

time

limitation.

49-231

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—4—

v)

All

seeding

and

fertilization

is

to

be

done

by

applying

500

pounds

per

acre

of

10-10-10

fertilizer

and

50

pounds

per

acre

of

tall

fescue

seed

mix,

or

any other vegetation approved by the Agency.

Petitioner

claims

compliance

with

all

conditions

of

the

Settlement, except those for which variance is sought.

The

Agency does not .dispute this claim in this proceeding.

Attachment A to the Petition is

a diagram of the existing

lagoon system.

G-P contends, and the Agency agrees, that this modified

compliance plan will produce no more odor or other environ-

mental problems than the original plan in the settlement

agreement.

If

the variance were not

granted,

G—P

would

be

required

to

construct

three

additional

presettlement basins:

E3,

E4

and

E5.

This

would

cost

$50,000

to

$100,000

more

than

utilizing Basin

D.

Considering the lack of environmental

damage,

the Board finds this to be arbitrary or unreasonable

hardship.

The Board will grant the variance with conditions

similar

to

those

recommended

by

the

Agency

and

agreed

to

by

G-P

at

the

hearing.

This Opinion, supporting the Board’s Order of October 27,

1982, constitutes the Board’s findings of fact and conclusions

of law in this matter.

I,

Christan L. Noffett,

Clerk of

the

Illinois

Pollution

Control

Board,

hereby

c

r

ify

that

the

above

Opinion

was

adopted

on

the

~

day

of

i~,

1982

by

a

vote

of

~

Illinois

:ontrol Board

49-232

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LAGOON

AERATION

TREATMENT

49-233

~I!~QLAG02~~TR

GEORGIA_PACIFIC CORPOR~ATIO

HOPPER PAPER DIVISION

TAYLORVILLE, ILLINOIS