ILLINOIS POLLUTION CONTROL
BOARD
April 23,
1992
CITY
OF
WOOD
RIVER,
)
)
Petitioner,
)
v.
)
PCB 92—57
)
(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 April 22, 1992.
The recommendation refers to
a request from Petitioner,
City of Wood River,
for a provisional
variance
for
its
Madison
County
facility
from the
biochemical
oxygen
demand
(CBOL5)
and
suspended
solids
(TSS)
effluent
requirements,
as
set
forth
in
35
Ill.
Adin.
Code
304.141(a),
304.120(b), and 304.121(a), for the period from when the Petitioner
begins
removing
its
secondary clarifier unit
from service,
and
continuing until 14 days after the Petitioner returns that unit to
service, 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
133—163
2
provisional variance from 35 Ill. Adm. Code 304.141(a), 304.120(b)
and 304.121(a)
on the following conditions:
1.
The term of this provisional variance shall commence when
the Petitioner, City of Wood River, removes its secondary clarifier
from
service,
and
it
shall
expire on
the
date
the Petitioner
returns
that
unit to
service,
or
after
45
days have
elapsed,
whichever comes first;
2.
Petitioner shall coordinate the initiation of the repair
work and removal of the secondary clarifier from service at a time
when the surge ponds are empty.
3.
For two weeks after, the effluent from the Petitioner’s
treatment plant shall not exceed concentrations of 50 mg/i CBOD5 or
50 mg/l TSS
(each on a monthly average basis);
4.
The Petitioner shall notify Chris Port of the Agency’s
Collinsville Regional office by telephone, at 618/346-5120, when it
removes
its
secondary
clarifer unit
from
service
and
when
it
returns the unit to service, 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:
Barbara Conner
5.
The Petitioner shall perform the necessary maintenance
and modification work as expeditiously as possible and operate its
plant during the term of this provisional variance in a manner that
assures the best effluent practicable; and
6.
During the variance period when the secondary clarifier
is removed from service,
Petitioner’s treatment plant
shall not
receive flows from Amoco Oil Company (this flow is to be held in
the Amoco Surge Ponds)
7.
During the variance period,
if heavy rains would occur
resulting
in
the
need
to
discharge
municipal primary
treated
wastewater, Petitioner shall discharge the best effluent possible.
8.
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:
133—16~
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 92—57, April
23,
1992.
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,, do hereby cer~,ifythat the above order was adopted on the
~
day of ___________________________,
1992, by a vote of
7-
~.
/~
Dorothy M. (G~nn,Clerk
Illinois Pollution Control Board
13 3—165