ILLINOIS POLLUTION CONTROL BOARD
September
12,
1991
ACME STEEL CO.,
)
Petitioner,
)
sr.
)
PCB 91—167
)
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J.C.
Marlin):
This matter comes before the Board on receipt of an Agency
Recommendation dated September 11,
1991.
The recommendation
refers to a request from Petitioner, Acme Steel Co.,
for a
provisional variance from the total residual halogen
(TRH)
effluent requirements,
as set forth in
35 Ill. Adm. Code
302.208(d)
and 304.141(b),
for the period from when the
Petitioner begins its mussel eradication program and continuing
until the Petitioner receives a modified permit, but not for
longer than 45 days.
The Agency recommends that the Board grant the requested
provisional variance with specified conditions.
The Agency
agrees that the repairs are necessary.
The Agency. anticipates
that the requested provisional variance would have minimal
environmental impact on the receiving stream.
The Agency is
unaware of any public water supplies that the requested
provisional variance would adversely impact.
The Agency
maintains that
a grant of
a provisional variance would violate no
federal laws.
The Agency finds that
a denial of the requested
provisional variance would create an arbitrary and unreasonable
hardship on the Petitioner.
The responsibilities of the Agency and the Board in these
short—term provisional variances are different from the
responsibilities in standard variances.
~
Ill.
Rev.
Stat.
1989,
ch.
111½,
pars.
1035(b)
&
(C).
In provisional variances it
is the responsibility of the Agency to make the technical
determinations and finding of arbitrary or unreasonable hardship.
The Board’s responsibility is to adopt
a formal Order, to assure
the formal maintenance of the record, to assure the
enforceability of the variance, and to provide notification of
the action by a press release.
Having received the Agency recommendation finding that a
denial of the requested relief would impose an arbitrary and
unreasonable hardship, the Board hereby grants Petitioner a
provisional variance from 35
Ill. Adm. Code 302.208(d)
and
304.141(d), on the following conditions:
126—97
2
1.
The term of this provisional variance shall commence
when the Petitioner,
Acme Steel Co.,
initiates its
wastewater treatment plant, by commencing its mussel
eradication program, and it shall expire on the date the
Petitioner receives a modified permit in final
form, or
after 45 days have elapsed, whichever comes first;
2.
The Petitioner shall notify Enoch Mensah of the
Ag~ncy’sNaywood Regional office by telephone,
at 708-531-
5900,
when it begins its mussel eradication program, and the
Petitioner shall confirm this notice in writing within five
days,
addressed as follows:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
P.O. Box 19276
Springfield,
Illinois
62794—9276
Attention:
Dan Ray
3.
The Petitioner shall monitor outfalls 001,
002,
003,
and 004 once each day (grab samples)
for TRH, and sample for
other effluent limits at the frequency noted
in NPDES permit
IL0002lOl; and
4.
The Petitioner shall meet a daily maximum limit of 0.05
mg/i
TRH
(concentration limit)
at each outfall; and
5.
The Petitioner shall execute a copy of a Certificate of
?~cceptanceof this provisional variance and forward that
copy to the Agency addressed as
is the written notice
required in the above condition; the Petitioner shall
forward that copy within
10 days of the date of this Order
of the Board,
and the Certificate of Acceptance shall take
the following form:
126—98
3
CERTIFICATION
I
(We), ______________________________
hereby accept and agree to be bound by all terms
and conditions of the Order of the Pollution
Control Board in PCB 91-167, September 12,
1991.
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED.
J.D. Dumelle concurred.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Boar~do hereby cer~ify~thatthe above Order was adopted on the
/~~/‘~-
day of _________________________,
1991,
by a vote of
7—0
.
i~
.2~
Dorothy M.
9~Inn, Clerk
Illinois P~J’1utionControl Board
126—99