ILLINOIS POLLUTION CONTROL BOARD
    February 7, 1974
    )
    )
    CELOTEX CORPORATION
    )
    )
    )
    )
    P~B
    73-445
    )
    )
    ENVIRONMENTAL PROTECT
    ION AGENCY
    )
    )
    MR. JOHN L.
    PARKER
    and MR. H. GERALD
    REYNOLDS,
    appeared
    on
    behalf
    of
    the Celotex Corporation
    MR. JEFFREY R. DIVER AND MR. JOHN H. REIN, appeared on behalf
    of the Environmental Protection Agency
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)
    Celotex Corporation (Celotbx) filed a Petition for Variance
    on October 22, 1973. The Environmental Protection Agency (Agency)
    filed an Objection to the Variance Petition and the a Motion
    Grant an Extension of Time to Pile a Recommendation on November 16,
    1973. On November 19, 1973 Celotex filed a Motion to Strike the
    Agency’s Objection and a Response to the Agency’s Motion for an
    Extension of Time to Pile a Recommendation. On December 3, 1973
    the Agency filed its Recommendation. On December 5, 1973 a hearing
    was held. On January 16, 1974 the Agency’ filed a Proposed Finding
    of Fact and Order. Celotex filed a waiver of the 90-day decision
    period until Pebruary 7, 1974 on January 16, 1974.
    Celotex, a wholly owned subsidiary of the Jim Walter Corporation
    owns and operates a paperboard mill located in Adams County in
    Quincy,
    Illinois.
    This plant has been in operation since 1865.
    The plant currently produces facing and backing paper for Gypsum
    Board and paperstock for refrigerated biscuit cans. Approximately
    120,000 tons per year of waste paper; or the equivalent ef
    J,000,000 pulp wood trees, are recycled at this••plaht.
    Effluent from the plant is discharged through two outlets directly
    to the Mississippi River.
    Celotex acquired ownership of this facility on June 1, 1973
    from Packaging Corporation of America (PCA). Th1$ plant
    has
    been
    iubject of
    considerable litigation before the Pollution Control
    Board
    and the Adams County Circuit Court. On December 6, 1973 the Board
    granted PCA a variance from Sections 12(a) and (b) of the Environ-
    mental Protection Act (Act) between November 5, 1971 and November
    4,
    11 —1~

    -2-
    1972; the Board also assessed a $10,000 penalty for violations of
    the Act fror July 1 1970 to November 5, 1971 (Order of• the Board
    Packaging Corporation of America
    v
    EPA,
    PCB 71-352 and PCB 72
    -t
    In August of l97Z the Iiiino4s A.torney General, on beaalf of the
    State of Illinois brought a suit against PCP in Mars Count Circuit
    Court (72-SI 14) seeking an injunction prohibiting di’charges frait
    the Quancy Mill into the Mississippi. River as well as fines aGainst
    PCA After acquiring controi of the facility, Celotex and
    Vie
    Attorney General entered into and filed with the Adns County
    Circuit Ccurt a stipulation on August )4 l97~ This stiru_a_on
    required seconda y treatment of di charges to tie Mississippi Rivr
    to be installed before May 1, l97C ‘Appendix A of Calotex’o
    Variarc°Petitior’ Pursuant t this stipulation, the court dismiss’
    all proceedings against Celotex by’ retained jurisdiction of the
    proceedings as to
    PCA
    Celoter seeks
    a variance from Sections 12(a) and l2(t~of the
    Ac~ from Rules 203(a),
    4G4(a)(ij
    4 4(b)(t) 903, 914, 1002 and
    2.201, all of thapter 3 3f the linnois Poslution Control Board’s
    Rules and Regulations (Water Regulation;
    ,
    and from Rules 1 05(b),
    Rule l.0S_~ Rule 1.05-8, Rules 1.05-10 a) and (b’, and Rol°
    3.01-10(1,1 all of Illinois Sanitary ater Board Rules and Regulations
    #13 (SWB-13
    Celotex s process consists of reducing waste paper into a
    slurry consisting of water and paper fibers. This slurry is ther
    taken through a series of steps that remove ink and other con
    taminants, concentrate the slurry, ana finally font a paper mat fron
    it. Effluent from the plant consist of non-contact cooling water
    and process water The process water contains dissolved solids
    and suspended solids from the pulping process Prior to 1973
    andthe
    wastea
    primaryreceivedclarifierno
    treatment;was
    installedhowevern thesolidfallseparationof 1973.
    faciiitieCelotex 0
    estimated that after this primary treatment was installed the
    3.5
    to
    4 MGD of effluent would have an approximate waste characteri-
    zation of 420 mg/l of suspended solid,: and 460 mg/. of BOD (Page 3
    Celotex’s Variance Petition). Clarifier effluent data for the
    October suspended solid and BOD average in mg/i are 102 and 139,
    respectively; the November averages are 186 and 112, respectively
    (Celotex exhibit 12). On November 15, 1973 the Agency tested a
    grab sample from the clarifier effluent and found the suspended
    solids concentration to be 100 mg/i and the BOD to be 591 mg/i
    (Agency exhibit 7). Ceiotex does not have data for BOD’s on
    November 15, but the average suspended solids was 214 mg/i (Celotex
    exhibit 12). These values are excess of the allowable values of
    20 mg 1 BOD and 25 mg/i of suspended solids found in Rule 404(b)(i)
    of the Water Regulations.
    11 —180

    -3-
    The Board finds that Celote is causing ‘vater pollution
    by discharging an effluent which results in floating scum and
    discolor&tion ~n the Mississippi River in violation of Rule
    203(a) of the fiater Regulatiors
    The Bard denies Celotex a blanket variance from Section 12(a
    of the Act because Ceiotex has not ai~egednor proven that ‘neither
    the BOD load nor the suspended solid toad from the primary system
    effsuent is harmful to human, onimal or plant life, or significantly
    deleterious to the Missipsippi River (page 11 of Celotex’s Variance
    Petition) Therefore, the Board grants Celotex only a variance from
    that portion of Section 12(a) of the Act which is applicable to
    dizcharges of BOD and suspended solids levels. Mr. John Parke~
    attorne) for Ceiotex, stated that ‘the variancc from Section 12(a)
    of
    the Act should be limited to BOD and suspended solids’ CR. 316)
    The Board agrees with the Agency’s position that a variance
    from Rule 20 3(a) of the Water Regulations should be limited solely
    to those portions of the rule which deal with “unnatural sludge
    or bottom deposits, floating debris, visible oil, odor unnatural
    plant or algae growth, unnatural color or turbid&ty’. Mr. L.
    Robert Xiehl, Celotex’s witness, testified that he did not believe
    the continued discharge would be toxic or harmful to human, animal,
    plant or aquatic life of other than natural origin (R. 221).
    The Board finds that Celotex is entitled to a variance from
    Rules 404(a)(i) and 404(b)(t) of the Water Regulations because
    it
    has committed itself to meet the 20 mg/i BOD and 25
    mg/l
    suspended
    solids standards of Rule 404(b)(i) of the Water Regulations by
    May 1, 1975. The Board finds this to be a good solution to the
    environmental problem that has
    persisted for an extended period
    of time Compliance by May 1, 1975 means that Celotex will have
    designed and constructed a secondary treatment system within two
    years from the date it acquired tne plant from PCai. The Board
    has decided to condition Celotex’s Variance Request to require
    Celotex to meet a 300 mg/i BOD and suspended solids limit. Mr.
    ICiehl testified that this was a feasible monthly average requirement
    (R. 218). The Board further conditions the grant of the variance
    by the requirement that Celotex terminate all untreated process
    discharges from outfalls #4 and #6 by March 1, 1974. Celotex has
    agreed to this requirement (R. 251).
    Celotex’s request for a Variance from SWB-13 became moot
    after December 31, 1973 when Rule 404 of the Water Regulations
    became effective for the Mississippi River, however, the Board
    grants Celotex a variance from those portions of SWB-13 from the
    date of filing the Mended Variance Petition until December 31, 1973
    which pertain to discharges
    of BOD, suspended solids, turbidity,
    color,
    and floating and settleable solids.
    11
    —181

    4—
    The Board finds that Celotex has
    not complied with Section 12(b)
    of the Act and Rule 903 of tFe Water Regulations which would require
    Cesotex to obtain an oper ting permit for tts existing primary
    treatment system. iViie C°lotex~as stated on t’ie record that
    is.
    intends to apply for aid obtain construction and operating permits
    tor its proposed secondary ‘raatmeat system (R. 235, 314), it has
    taintained that
    it
    should not be required to obtain an operating
    ermit for its primary ylant. The kard find: s.hat Celotex has
    failed to show that
    i’
    would be arb:trary and unreasonable to re.uire
    it
    to comply with the permit reç’tiremen,ts. Therefore, the Board
    loes n t grant Celotex a variance from Section 12(b) of the Act
    and Rule 002 of the later R~gu1ations Howev”r the Board grants
    Celotex a limited variance from Rules 921(a) and Rule 914 of the
    Water Regu.atic~nsto aalow the Agency to issi..e Ceiotex sn operating
    permit for Celotex’s existing ;ri5 ary system. Celotex is granted
    this linited variance becaitse of the c~nfusionthat arose out of
    the conferences between Celotex and representatives of the Agency
    as to the ~xactneet~of obtainn’g an ooerating permit (R. 27 28,
    ‘±3,252, 256 and 257)
    ‘he Board finds that eaotex shcuid submit a time schedule showing
    compliance by May 31, 1975 as rontained in Celotax exhibit 20 by
    March 13, ~374. ‘.herefore, ne Board grans Ce1o~sxa variance
    from Rule J)t~2 al na k 13 OOP,(Lt of t1e ‘later Regu.stio’s
    n order o allow ~elotexto file this pro ect completion schedule.
    The Board finds that Gel tex ta not established that
    it
    should
    tot be reauirej to ompty
    . ii
    Rule
    ‘a’
    of the Water Regulations
    hich requires a certi~’ed erator cat
    reatment plant.
    lowever Ce otex is •rn~.ceding‘o obcain It necessary forms to
    btain certificatio~ f .ts operator
    ~.
    3h-t). Therefore, the
    Board grants Gelotex a ba—Jar;e fror Rule flOl until March 15,
    1974, on the condition that Ceotex applies ror operator certifi-
    cation within 30 days after receipt of the forms.
    The Board in granting Ce o cx’s variance request noter with
    satisfaction that the program Celotex has canmitted itself to
    should result in the
    elimination of a
    sub.nantial pollution load
    to the Mississippi River. As noted earlier in this opinion, this
    papermill has been ii operation cince 1865 with some 108 years
    of untreated waste discharge to the Mississippi River
    Waile
    Celotex is to be applauded for its commitment to clean this seurce
    of water pollution within two years after ottaining control of the
    mill, the Board and possibly the citizens If Illinoi; cannot help
    but wonder why it took 108 years.
    This Opinion constitutes the Board’s findings ,f facts
    and conclusions of law.
    11—la

    -5-
    ORDER OP THE BOARD
    1.
    The Board hereby grants to Celotex Corporation a variance
    from October 22, 1973 until October 21, 1974 from that part of
    Sections 12(a) of the Environmental Protection Act which prohibits
    “the discharge of any contaminants so as to violate regulations or
    standards adopted by the Pollution Control Board”, from the part
    •of Rule. 203(;) of the, Water Regulations which require that waters
    of the State be free from “unnatural sludge or bottom deposits,
    floating debris, visible oil, odor, unnatural plant or algal growth,
    unnatural color or turbidity”, and from Rules 404(a)(i) and
    404(b)(i) of the Water Regulations subject to the following con-
    ditions:
    a. That petitioner post a performance bond with the
    Environmental Protection Agency in the amount of $150,000
    to ensure installation of the secondary treatment system;
    b. That petitioner inform the Agency and the Board at
    the earliest possible date as to the exact secondary .treatment
    facility it will construct and the amount of wastewater
    which will be recycled;
    c. That petitioner submit monthly progress reports to
    the Agency describing the status of construction and
    installation of the proposed secondary facilities;
    d. That petitioner submit monthly operating reports
    to the Agency listing daily average effluent concentrations
    of BOD, suspended solids, fecal coliform, and other
    parameters and data as required;
    e. That discharges from petitioner’s Quincy mill not
    exceed 300 mg/i BOD and 300 mg/i suspended solids as
    monthly average values pursuant to the provisions of Rule
    404(h) of the Water Regulations;
    f.
    That the discharges of untreated process water from the
    No. 4 and No. 6 lines directly to the Mississippi River are
    terminated by March 1, 1974;
    g. That the limited variance from Section 12(a) of the Act
    apply only to BOD and suspended solids.
    2. That petitioner be denied a variance from Rule 1.05-5 of SWB-l3
    (potentially detrimental substances).
    3. That petitioner be granted a variance from October 22, 1973
    until December 31, 1973, from Rule 1.05-7 (turbidity), Rule 1.05-8
    (color), Rule 1.05-10(a) aid (b) (solids)1 andRule 3.01-10(b)
    (treatment facilities requirements) of SWB-i3.
    11
    —189

    4. That petitioner be denied a variance from Section 12(b) of the
    Act and Rule 903 of Chapter 3~
    S. That petitioner be granted a variance from Rule 914 of
    Chapter 3 and from that part of Rule 1002(a) requiring a time
    schedule showing compliance by applicable deadline dates and
    Rule 1002(b)(ii) of Chapter 3 subject to the following conditions:
    a, That petitioner obtain all necessary operating
    permits fo~its facilities; and
    b~ That petitioner file a Project Completion Schedule
    showing the schedule found on pages 9 and l0 of its
    petition by March 15, l974~
    6. That petitioner be granted a limited variance from Rule 921(a)
    of Chapter 3 so as to allow the Agency to issue operating permits
    for Petitioner’s existi.ng primary treatment facilities,
    7. That petitioner be granted a variance from Rule 1201 of
    Chapter 3 until March 15, 1974, subject to the condition that
    Petitioner apply for Operator certification 30 days after receipt
    of the necessary forms,
    IT IS SO ORDERED~
    I, Christan L, Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order were adopted on the
    741
    day of February, 1974 by a vote of ~
    ________________
    Illinois Pollution
    trol Board
    ii —
    190

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