ILLINOIS POLLUTION CONTROL BOARD
September 12,
1991
GENERAL MOTORS CORP.,
)
)
Petitioner,
)
v.
)
PCB 91—168
)
(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,
General Motors Corp.,
for a
provisional variance from the oils,
fats,
and greases and
suspended solids
(TSS)
effluent requirements,
as set forth
in 35
Ill.
Adm. Code 304.124 and from provisions of the variance
granted in PCB 83-30,
for the period from when the Petitioner
begins removes its skimmer/sedimentation tank or retention basin
from service,
and continuing until the Petitioner completes an
enlarged retention basin, 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..
See 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 204.124 and
126—101
2
paragraphs 45(a),
45(i),
45(1) (1) ,45(i) (2), and 45(1) (3) to the
extent they pertain to suspended solids,
on the following
conditions:
1.
The term of this provisional variance shall commence
when the Petitioner, General Motors Corp., removes its
skimmer/sedimentation tank or retention basin from service,
and it shall expire on the date the Petitioner completes
construction of an enlarged retention basin,
or after
45
days have elapsed, whichever comes first;
2.
During the term of this provisional variance, the
effluent from the Petitioner’s treatment plant shall not
exceed concentrations of 75 mg/l TSS
(monthly average
basis);
3.
The Petitioner shall notify Steve Baldwin of the
Agency’s Champaign Regional office by telephone,
at 217-
333-8361, when it removes its skimmer/sedimentation tan k or
retention basin from service and when the new retention
basin is completed,
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:
Pat Lindsey
4.
The Petitioner shall perform the necessary construction
work as expeditiously as possible to minimize the period of
time discharge will occur; and
5.
The Petitioner shall execute a copy of
a Certificate of
Acceptance of 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—102
3
CERTIFlCATION
I
(We),
hereby accept and agree to be bound by all terms
and conditions of the Order of the Pollution
Control Board in PCB 91-168, 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
Bo~41 do hereby certXfy~hatthe above Order was adopted on the
/~-~‘~day
of _________________________,
1991, by a vote of
/
~
~
/
Dorothy N. G~nn,Clerk
Illinois P~/lutionControl Board
126—103