ILLINOIS POLLUTION CONTROL BOARD
    October 10,
    1991
    USX CORPORATION,
    U.S. STEEL
    -
    SOUTH WORKS,
    )
    Petitioner,
    )
    )
    PCB 91—189
    (Provisional Variance)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE
    BOARD
    (by J.C. Narlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated October
    9,
    1991.
    The recommendation refers
    to a request from Petitioner, USX Corporation, for a provisional
    variance from the total residual halogen
    (TRH)
    requirements, as
    set forth in 35
    Ill. Adm. Code 302.208(d)
    and 304.141(b),
    for the
    period from when the Petitioner begins initiation of its zebra
    mussel eradication program,
    and continuing for a period of 45
    days,
    or until the Petitioner’s modified permit is issued in
    final form, whichever occurs first.
    The Agency recommends that the Board grant the requested
    provisional variance with specified conditions.
    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 302.208(d)
    and
    304.141(b),
    on the following conditions:
    126—505
    2
    1.
    The term of this provisional variance shall commence
    when the Petitioner,
    USX Corporation, initiates its zebra
    mussel eradication program at the plant intake water
    station, and it shall expire on the date the Petitioner
    after 45 days have elapsed, or when the Petitioner’s
    modified permit is issued in final form, whichever comes
    first;
    2.
    During the term of this provisional variance, the
    Pet~itionershall monitor for
    TRH
    once per day from Outfalls
    001,
    002 and 003
    (grab samples).
    Petitioner shall also
    sample for the other effluent permit limits at the frequency
    noted in their NPDES permit
    (IL000269l).
    3.
    During the term of this provisional variance, the
    Petitioner shall meet a daily maximum limit of 0.05
    mg/l
    TRH
    at each outfall
    (concentration limit).
    In addition,
    Petitioner shall also meet the other effluent permit limits
    so noted
    in their permit.
    4.
    The Petitioner shall notify Adolfo Gonzalez of the
    Agency’s Naywood Regional office by telephone,
    at
    (708)
    531-
    5900
    ,
    when initiation of the zebra mussel eradication
    program is begun.
    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:
    Mark Books
    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—506
    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 91-189, October 10,
    1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    Board Members J. D. Dumelle and B. Forcade concurred.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boar~do hereby cer~f~thatthe above Order was adopted on the
    ~
    day of
    ~
    ,
    1991,
    by a vote of
    7-C
    Dorothy N. G~in,Clerk
    Illinois Po2~utionControl Board
    126—507

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