ILLINOIS POLLUTION CONTROL BOARD
    December 17, 1987
    JEFFERSON SMURFIT CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 87—200
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board upon a December 16, 1987
    provisional variance recommendation filed by the Illinois Envi-
    ronmental Protection Agency (Agency). The Agency recommends that
    because of an arbitrary and unreasonable hardship the Jefferson
    Smurfit Corporation (Smurfit) be granted a 5 day provisional
    variance subject to certain conditions to allow the Army Corps of
    Engineers to complete the relocation of Smurfit’s effluent line
    as a part of the construction of new Lock and Dam No. 26.
    Smurfit owns and operates a paperboard mill which manufac-
    tures corrugated containers from recycled materials. The mill is
    located on a 107—acre site in Alton, Illinois. The mill is near
    the Mississippi River with its normal outfall (001) located at
    about River Mile 201. The waste treatment facilities serving the
    mill consist of a complete mix activated sludge system and
    filters.
    The U.S. Army Corps of Engineers is engaged in a construc-
    tion project entitled “Alton Pump Station Relocation”, an
    integral part of the Lock and Dam #26 construction. As part of
    this project, the Corps must make further alterations on
    Smurf it’s effluent line. The Corps originally believed that only
    one alteration of the effluent line was needed; it is now appar-
    ent that another alteration is necessary.
    On October 9, 1986, the Board granted Smurfit a variance in
    PCB 86—71 from 35 Ill. Adm. Code 304.141, Terms and Conditions of
    NPDES Permits, and 35 Ill. Adm. Code 304.120, Deoxygenating
    Wastes. The variance was granted for “45 days or upon completion
    of the Corp’s construction work, whichever occurs first”. The
    variance was to commence on the date that the Petitioner’s dis-
    charge was actually diverted. The construction work began
    October 28, 1987 and lasted only about 8 hours, which gave the
    Corps until December 13, 1987 to complete the work (45 days).
    84—679
    —2—
    Smurfit stated “that due to inclement weather and also the
    need to relocate two sections of line rather than one” the work
    could not be completed by December 13, 1987.
    Smurfit has stated that the total discharge time of effluent
    into the ditch from the original section of relocated line was
    less than eight hours. Smurfit also stated that the amount of
    time needed to relocate the next section of line will “take an
    equally short period of time providing that the weather
    cooperates”.
    The Agency feels that the alternatives that Smurfit has
    presented before the Board previously for the PCB 86—71 variance
    still persist. However, because of an unreasonable and arbitrary
    hardship that the options would put on Smurfit, the Agency
    believes that Smurfit has chosen the best alternative of
    temporary diversion of its final effluent.
    The Agency believes that the environmental impact of this
    variance extension will be minimal due to the short duration of
    the time needed to relocate the effluent lines and the continued
    high level of treatment provided during the construction work.
    Smurfit has requested that the prior variance be extended 30
    days in order to give time to complete the relocation work.
    Smurfit has stated that the repair work will proceed as soon as
    weather conditions are favorable.
    There are no Federal regulations which would preclude the
    granting of this variance.
    The Agency believes that a 30 day extension is not neces-
    sary. The Agency recommends that the requested relief be limited
    to 5 days due to the short period of time needed to complete the
    work. The Agency recommends that the Board grant the provisional
    variance subject to the conditions incorporated into the Board’s
    Order.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Jefferson Smurfit Corporation (Smurfit) is hereby granted a
    provisional variance from 35 Ill. Mm. Code 304.141, Terms and
    Conditions of NPDES Permits, and 35 Ill. Adm. Code 304.120,
    Deoxygenating Wastes, subject to the following conditions:
    a) The variance shall be effective upon diversion of the
    discharge from the effluent line to the drainage ditch and
    continue until completion of the Corp’s construction work or for
    5 days, whichever occurs first.
    84—680
    —3—
    b) Since the exact date when the temporary change in the
    location of the discharge will occur is uncertain, Smurfit shall
    notify the Agency’s Collinsville Regional Office by telephone
    (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
    Post Office Box 19276
    Springfield, Illinois 62794—9276
    Attention: Gary Whiteside
    c) Smurfit shall notify the Agency as to when the work is
    completed as in (b) above.
    d) Smurfit shall meet its NPDES effluent limits during the
    term of the variance.
    e) Smurfit shall continue to operate and maintain its
    treatment works to produce as high a quality effluent as
    possible.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    _______________
    day of
    ,,~4.i.&,’, 1987 by a vote
    of
    ____________
    Dorothy
    .
    Gunn, Clerk
    Illinois Pollution Control Board
    8 4—68 1

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