ILLINOIS POLLUTION CONTROL BOARD
    June 28,
    1977
    UNION ELECTRIC COMPANY,
    )
    Petitioner,
    PCB 76—274
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Duinelle):
    This matter comes before the Board on an Amended Petition for
    Variance from
    the
    total suspended solids effluent standard of 15.0
    mg/i of Chapter
    3:
    Water Pollution,
    of the Board’s Rules and
    Regulations.
    The Agency filed a Recommendation that the Variance
    be granted subject to certain conditions which the Petitioner agrees
    are reasonable.
    In its original Petition and its Amended Petition, Petitioner
    asks that the Board act pursuant to Rule 914 of Chapter 3.
    Rule
    914 pertains to variances from the terms and conditions of NPDES
    permits.
    Subpart A of Part IX of Chapter
    3
    (Rules 901-916)
    is not
    effective since the Agency has not been granted permit issuing
    authority by the Administrator of the United States Environmental
    Protection Agency.
    It should be noted that the Board’s decision
    in this matter is rendered pursuant to Part IV of the Board’s Pro-
    cedural Rules.
    The Petitioner is seeking a Variance until March 31,
    1978 so
    that it can pursue a program of enlargement of its ash pond system
    in conjunction with the shutdown and conversion of its two remaining
    coal boilers
    (during June 1977)
    at its electric generating facility
    at Venice, Illinois. Petitioner feels that it would suffer arbitrary
    or unreasonable economic hardship if it is not allowed to follow
    this relatively inexpensive course of corrections.
    26
    —
    39
    No significant environmental harm will result from a grant of
    Petitioner’s request since its present discharge
    is significantly
    lower
    in concentration of suspended solids than the Mississippi River,
    which is the receiving stream. Recent monitoring data for the period
    September,
    1976 through January, 1977 inclusive shows discharges
    of total suspended solids ranging from
    3 mg/l to 27 mg/i on a monthly
    average using 24-hour composite sampling.
    Both parties agree that
    the Petitioner should be required to limit its discharge to
    30 mg/i
    of suspended solids
    as
    a monthly average and 50 mg/i as a daily
    maximum during the period of this Variance.
    The Board finds that denial of the Petitioner’s Request for
    Variance subject to reasonable interim effluent limitations and
    periodic reporting to the Agency on the effectiveness of the
    Petitioner’s i~provementsto its treatment ponds would constitute
    an arbitrary or unreasonable hardship.
    This Opinion constitutes the Board’s findings of fact and
    conclusion of law in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    Petitioner be granted a Variance from the total
    suspended solids effluent limitation of Rule~408 of
    Chapter
    3:
    Water Pollution, of the Board’s Rules and
    Regulations until March
    31, 1978,
    2.
    Petitioner limit the concentration of suspended
    solids in its discharge to 30 mg/i as a daily average
    and
    50 mg/l as a daily maximum during the period of
    this Variance, and
    3.
    Petitioner
    submit
    quarterly
    reports
    to
    the
    Agency
    on its progress
    in improving its treatment pond system.
    4.
    Within 35 days of the date of this Order, Petitioner
    shall submit to the Manager, Variance Section, Division
    of Water Pollution Control, Illinois Environmental
    Protection Agency,
    2200 Churchill Road, Springfield, Illinois
    62706, an executed Certification of Acceptance and
    Agreement to be bound to all terms and conditions of the
    variance.
    The form of said certification shall be as
    follows:
    26
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    40
    CERTIFICATION
    I, (We),_______________________ having read the Order
    of the Illinois Pollution Control Board in PCB 76-274, understand
    and accept said Order, realizing that such acceptance renders
    all
    terms and conditions thereto binding and enforceable.
    TITLE
    bATE
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Order was adopted on the
    __________
    day of
    _______________,
    1977 by a vote of
    ~‘-~
    C~L4L~i~l
    £~
    Christan L. MorV~tt,C
    erTk
    Illinois Pollution Control Board
    26
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