ILLINOIS POLLUTION CONTROL BOARD

August 9,

1990

ELECTRIC ENERGY,

INC.,

Petitioner,

v.

)

PCB 90—155

)

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE

BOARD

(J.

Marlin):

This matter comes before the Board on receipt of an Agency

Recommendation dated August

8,

1990.

The recommendation refers

to a request from Petitioner, Electric Energy,

Inc.,

for a

provisional variance from the suspended solids

(TSS)

effluent

requirements, as set forth in 35 Ill.

Adin.

Code 304.120 and

304.141(a),

for the period from when the Petitioner commences

construction at its wastewater treatment facilities,

and

continuing until the Petitioner completes that construction, 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 opines that a denial of the requested

provisional variance would create an arbitrary and unreasonable

hardship on the Petitioner.

In light of the Agency Recommendation, the Board hereby

grants a provisional variance from 35

Ill. Adm. Code 304.120 and

304.141(a)

on the following conditions:

1.

The term of this provisional variance shall commence

the Petitioner,

Electric Energy,

Inc.

initiates

construction, and it shall expire on the date the Petitioner

completes construction or after 45 days have elapsed,

whichever comes first;

2.

The Petitioner shall notify Dwight Hill of the Agency’s

Marion Regional office by telephone,

at 618/997—4371 when it

initiates construction and when it completes construction,

and the Petitioner shall confirm this notice

in writing

within five days,

addressed as follows:

114— iii

---

2

Illinois Environmental Protection Agency

Division of Water Pollution Control

Compliance Assurance Section

2200 Churchill Road

P.O. Box 19276

Springfield, Illinois

62794—9276

Attention:

Barbara Conner

3.

The Petitioner shall complete construction as soon as

possible and operate

its plant during the term of this

provisional variance

in

a manner that assures the best

treatment practicable; and

4.

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 required above for a

notice; 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:

CERTIFICATION

I

(We), __________________________________-

hereby accept and agree to he bound by all terms

and conditions

of the Order of the Pollution

Control Board

in PCB

90—155,

August

9,

1990.

Petitioner

Authorized Agent

Title

Date

IT

IS SO ORDERED.

ii ,‘~—1I

---

3

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Bo~rd, do hereby,~ertifythat the above Order was adopted on the

‘~7”~ day of

4~e

(-‘SP

,

1990,

by

a vote of

/-~47~

~

D~rothyN. ~Inn,

Clerk

Illinois Pollution Control Board

114-413