ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1988
    .JOHN DEERE FOUNDRY, EAST MOLINE,
    )
    Petitioner,
    )
    v.
    )
    PCB 88—162
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    This matter comes before the Board upon receipt of
    an Agency
    Recommendation dated October
    5,
    1988.
    The recommendation refers
    to
    a request from Petitioner, John Deere Foundry,
    East Moline,
    for a 45—day provisional variance from the water effluent
    limits
    set
    forth at 35 Ill.
    Adm.
    Code 304.124 and
    304.205.
    Upon receipt of the request,
    the Agency issued
    its
    recommendation, concluding that
    no alternative
    to the granting
    of
    a provisional variance currently exist;
    and that denial of the
    requested provisional variance would impose an arbitrary and
    unreasonable hardship on Petitioner.
    However, the recommendation
    states that federal categorical
    limits preclude granting
    of the
    requested variance beyond October
    30, 1988.
    The Board concurs with the Agency recommendation; Petitioner
    is granted
    a provisional variance subject
    to the following
    conditions:
    a.
    The variance shall
    commence on
    the date of the Board
    Order and continue until October
    30,
    1988.
    b.
    During the period of
    this variance, Total Phenols
    discharged from Outfall
    003 shall
    be
    limited to the
    following:
    Total Phenols
    Load Limits
    Concentration Limits
    8 lbs/daily
    maxinum
    0.8 mg/l Daily
    maxiiium
    c.
    Petitioner shall continue
    to monitor
    the effluent from
    its treatment plant
    for the parameters
    as listed
    in
    NPDES permit #1L0002992.
    93—59
    —2—
    d.
    During the period of the variance, Petitioners effluent
    limits shall remain the same as NPDES permit #1L0002992
    except for Total Phenols
    as mentioned
    above.
    e.
    During this provisional
    variance Petitioner shall
    operated
    its wastewater treatment facility so
    as
    to
    produce the best effluent practicable.
    f.
    Within
    10 days of
    the date of the Board’s Order,
    Petitioner
    shall execute
    a Certificate of Acceptance and
    Agreement which
    shall
    be sent
    to Mark
    T. Books at
    the
    following address.
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    ATTN:
    Mark
    t.
    Books
    This variance shall
    be void
    if Petitioner
    fails
    to
    execute and forward the certificate within the ten day
    period.
    The ten day period shall
    be held
    in abeyance
    during any period that this matter
    is being appealed.
    The form of said Certification shall be as follows:
    CERTIFICATION
    I,
    (We), John Deere Foundry, East Moline,
    having read the
    Order
    of the Illinois Pollution Control Board,
    in PCB 88—162,
    dated October
    6, 1988, understand
    and accept the said Order,
    realizing that such acceptance renders
    all terms
    and conditions
    thereto binding and enforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    93—60
    —3—
    I,
    Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    _____________
    day
    of
    ___________,
    1988 by
    a vote
    °f
    ~
    Dorothy M~/Gunn, Clerk
    Illinois~4~ollutionControl Board
    93—61

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