ILLINOIS POLLUTION CONTROL BOARD
    November
    1,
    1979
    HOERNER WALDORF,
    Division of Champion
    International,
    Inc.,
    Petitioner,
    v.
    )
    PCB 79—175
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Petitioner has requested
    a variance from Rules
    203(d)
    and 402
    as
    it pertains to dissolved oxygen,
    902(i)(1), and
    404(f) of Chapter
    3: Water Pollution.
    The Agency recommends
    that
    a variance be granted.
    The
    Board hereby grants the
    Agency’s motions
    to extend time to
    file and to file its
    Recommendation instanter.
    Petitioner has waived a hearing
    in this matter.
    Hoerner Waldorf operates
    a corrugated paper container
    manufacturing plant near Joliet along with its own sewage
    plant which
    treats domestic and industrial wastes.
    Effluent
    fro~wthe plant is discharged into the Des Plaines River.
    Petitioner’s Discharge Monitoring Reports indicate that
    Petitioner is violating the dissolved oxygen water quality
    standards of Chapter
    3.
    Petitioner would not have needed
    relief from these standards
    if it had not been inadvertently
    omitted from the list of affected dischargers
    in Village of
    Bloomingdale v.
    EPA,
    PCB 78—124,
    31 PCB 125, October 19,
    1978.
    Petitioner has asked and the Board agrees that the
    record
    from the I3loomingdale proceeding be incorporated into
    this matter.
    Without a variance Petitioner’s only alternative is
    termination of its discharge or construction of additional
    treatment facilities
    to eliminate all deoxygenating wastes.
    The Board concludes that the hardship and expense associated
    with this alternative outweighs any environmental improvement
    which would result;
    consequently,
    the hardship would be
    arbitrary and unreasonable.
    The reasoning in Bloomingdale must be employed in this
    matter to avoid inequitable results.
    Relief will also be
    granted from Rules 910(a)(4)
    and 910(b)
    so that the Agency
    may issue
    an NPDES permit to Petitioner.
    Rather than grant
    relief for five years
    as the 2~gencyhas recommended, the
    Board will limit this variance to the same term as Bloomingdale
    for consistency.
    36—4 7
    This Opinion constitutes the Board’s finding of fact
    and conclusions of law in this matter.
    ORDER
    1)
    The Agency’s motions
    to extend time to file and for
    leave to file its Recommendation instanter is hereby
    granted.
    2)
    Petitioner
    is hereby granted a variance from Rules
    203(d),
    402
    (as it pertains to dissolved oxygen),
    902(i)(1),
    910(a)(4) and 910(b) of Chapter
    3: Water
    Pollution, until October 19,
    1983,
    3)
    Petitioner
    is hereby granted
    a variance from Rule
    404(f) of Chapter
    3: Water Pollution until October
    19,
    1983 or until the Board takes final
    action in R77—12,
    Docket
    C,
    whichever occurs first.
    4)
    During the term of this variance the discharge of
    treated sewage from Petitioner’s facilities shall be
    limited to 10 mg/l BOD5 and 12 mg/i suspended solids as
    30 day averages.
    5)
    The Agency is hereby authorized to issue a NPDES permit
    to Petitioner in a manner consistent with the terms of
    this Order including terms and conditions consistent
    with best practicable treatment, operation and maintenance
    of Petitioner’s facilities.
    6)
    Within
    45 days of the date of this Order,
    Petitioner
    shall
    execute a Certification of acceptance and agreement
    to be bound by all the terms and conditions of this
    variance.
    The Certification shall
    be forwarded to the
    Illinois Environmental Protection Agency,
    Division of
    Water Pollution Control, Variance Section,
    2200 Churchill
    Road,
    Springfield,
    Illinois 62706.
    This 45 day period
    shall
    he held in abeyance
    if this matter is appealed.
    The form of the Certification shall read as follows:
    CERTIFICATION
    I
    (We),
    ,
    having
    read and fully understanding the Order in PCB 79—175 hereby
    accept that Order and agree to be bound by its terms and
    conditions.
    SIGNED
    TITLE
    DATE
    ____
    36—48
    IT
    IS
    SO
    ORDERED.
    Mr.
    Goodman abstains.
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby ceit~ythe above Opinip~an~~~
    were adopted on the
    __________________
    day of
    ________________
    1979 by a vote of
    ____________________
    J214/L)I~J
    Christan L. Moffett, Clerkvu
    Illinois Pollution Control Board
    36—49

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