ILLINOIS POLLUTION CONTROL
    BOARD
    December
    4,
    1990
    SONOCO PRODUCTS COMPANY,
    )
    Petitioner,
    PCB 88—60
    v.
    )
    (Variance)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    This matter comes before the Board on Sonoco Products
    Company’s
    (“Sonoco’)
    filing dated October 29,
    1990.
    Contained
    within this filing is a letter from Sonoco requesting
    an
    extension of an alleged December
    1,
    1990 construction deadline
    pursuant to this Board’s Order of September
    8, 1988.
    That Board
    order granted Sonoco a variance from the effluent standards
    for
    five-day biochemical oxygen demands
    (BODç) and total suspended
    solids
    (TSS) until March
    1,
    1990.
    The Illinois Environmental
    Protection Agency (“Agency”)
    filed its Motion to Reject
    Petitioners Request for Extension on November
    5,
    1990.
    The Agency contends that a new petition for variance should
    be filed “because the schedule which Sortoco seeks to have
    extended is contained in an expired variance such that the Board
    no longer has jurisdiction to modify its terms”.
    (Respondent’s
    Motion,
    pg.
    2).
    For its part,
    Sonoco asserts that the
    construction delay was a result of obtaining the necessary
    permits to build on a flood plain.
    And further, that this delay
    will not affect the ultimate compliance date of September
    1,
    1991.
    The motions filed in this case indicate that some confusion
    exists regarding the Board’s variance Opinion and Order
    of
    September
    8,
    1988.
    The Opinion portion discussed Sonoco’s
    compliance plan and notes a construction completion date of
    December
    1,
    1990 with total compliance being achieved not later
    than September
    1, 1991.
    (PCB 88—60, pgs.
    8—9).
    Yet the Board
    did not endorse this plan.
    Rather,
    it noted that construction
    and ultimately compliance was contingent upon a determination of
    whether the plan was technically feasible and economically
    reasonable.
    (Id at
    pg.
    9).
    That
    is, Sonoco had indicated that
    if
    its compliance plan
    (a plan which required further study) was not
    economically viable,
    it would seek site—specific relief.
    This being
    the case,
    the Board held that
    it would only grant
    a variance for a period in which
    a facility was actively working
    117—01
    —2—
    toward achieving compliance.
    Accordingly,
    the Board granted
    Sonoco a variance until March
    1,
    1990
    —
    120 days past the
    deadline of the Data Analysis and Selection of Compliance
    Alternative portion of Sonoco’s compliance plan.
    In short,
    the
    Board retained jurisdiction for four months subsequent to
    Sonoco’s deadline to determine whether or
    not its plan was
    feasible.
    If
    it was, the facility had four months to file an
    extension of the variance.
    Any confusion which might exist is furthered by the
    statement that “The Board accepts the compliance plan and
    schedule proposed by Sonoco and will incorporate it
    into the
    Board’s Order below.”
    (PCB 88—60 pg.
    11).
    Yet the Order
    reflects the discussion regarding the inherent contingency of the
    compliance plan and provision
    (4) clearly states,
    “This variance
    shall end on March
    1, 1990”.
    While the wording contained in the
    Opinion section of the Board’s September 8,
    1988 analysis
    is
    perhaps
    less than clear, the Order prevails.
    Accordingly, Sonoco’s motion is denied and the Agency’s
    motion
    is granted.
    IT IS SO ORDERED.
    Board Member J. Anderson dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereb
    certify that the ~bove Order was adopted on
    the
    _______________
    day of
    ~-C-~z.t_LL&)
    ,
    1990 by a vote
    of
    Dorothy M.
    nn, Clerk
    Illinois Pollution Control Board
    117—02

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