ILLINOIS POLLUTION CONTROL BOARD
    April 27, 1989
    Bensenville, Village of,
    (DuPage County),
    Petitioner,
    v.
    )
    PCB 89—74
    Illinois Environmental
    Protection Agency,
    )
    Respondent.
    Opinion and Order of the Board (by J. Marlin):
    This matter comes before the Board upon a recommendation
    filed by the Illinois Environmental Protection Agency (“Agency”)
    on April 25, 1989, recommending that the Board grant a 45—day
    provisional variance to the Village of Bensenville. Bensenville
    requests this variance from 35 Ill. Adm. Code 304.141 to allow
    time to do necessary repairs on its travelling bridge.
    Bensenville owns and operates a two stage activated sludge
    treatment facility with a 4.7 mgd DAF. Effluent is discharged to
    Addison Creek which discharges into the Des Plaines River which
    is tributary to the Illinois River. Bensenville presently is
    required by NPDES permit #1L0021849 to meet the following Ammonia
    Nitrogen effluent limits:
    April through October
    1.5 rng/l daily maximum
    November through March
    4.0 mg/l monthly average
    Benseriville has stated that the travelling bridge has
    experienced alignment problems due to worn—out rail and
    anchors. Bensenville has also stated that when the north travel
    bridge experiences difficulty with alignment, the bridge will
    shut down and, therefore, prevent solids from returning back to
    the aeration tanks. Bensenville has stated that ‘tto complete
    necessary repairs, it is necessary to shut the bridge down”.
    (Variance Request at 2). The Agency states that it agrees with
    this statement.
    Bensenville has, indicated to the Agency that it should take
    36 days to complete the necessary repairs. The Agency responds
    that the variance should be for 45 days or until the repair work
    is completed, whichever occurs first, just in case Bensenville
    runs into any unforeseen problems.
    The Agency states that the environmental impact of this
    variance will be minimal due to the short duration of the
    98—305

    —2—
    variance and the remaining treatment provided. Bensenville
    (Larry Grage, Wastewater Facility Supervisor) has indicated to
    the Agency by phone on April 20, 1989, that they will be able to
    meet their other NPDES permit limits while the bridge is being
    repaired. The Agency’s position is that denial of this
    provisional variance petition would create an arbitrary and
    unreasonable hardship upon Bensenville as failure to immediately
    correct this problem will result in additional damage to
    Bensenville’s treatment facility.
    The Agency states that there are no federal regulations
    which would preclude the granting of this variance and that it is
    not aware of any public water supplies which would be adversely
    affected by granting this provisional variance.
    The Board having received notification from the Agency that
    compliance on a short term basis with the effluent limitations
    imposed by 35 Ill. kdm. Code 304.141 would impose an arbitrary or
    unreasonable hardship upon Bensenville, and the Board concurring
    in that notification, will grant Bensenville’s provisional
    variance, subject to the conditions suggested by the Agency.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1. The Village of Bensenville is hereby granted provisional
    variance from 35 Ill. Adrn. Code 304.141, subject to the
    following conditions:
    a. Variance shall commence when the travelling bridge is
    taken out of operation and continue for a period of 45 days or
    until the repair work is completed, whichever occurs first.
    b. Berisenville shall notify Allen Anderson of the Agency’s
    Maywood Regional Office via telephone at 312/345—9780 when the
    travelling bridge is taken out of operation and when the repair
    work is completed. Written confirmation of each notification
    shall be sent within 5 days to the address below:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    P. 0. Box 19276
    Springfield, Illinois 62794—9276
    Attention: Dan Ray
    c Bensenville’s effluent during this variance shall be
    limited to 4.0 ing/l (monthly average) for ammonia nitrogen.
    d. Bensenville shall monitor the effluent from its
    treatment plant for the parameters as listed in NPDES permit
    #IL002l849.
    98—306

    —3—
    e. During this provisional variance, Bensenville shall
    operate its wastewater treatment facility so as to produce the
    best effluent practicable. Additionally, Bensenville shall
    perform the necessary replacement work at the plant as
    expeditiously as possible so as to minimize the period of time
    that the travelling bridge is out of service.
    2. Within 10 days of the date of this Order, Bensenville
    shall execute and submit a certificate of Acceptance and
    Agreement which shall be sent to Dan Ray at the address
    indicated above.
    This variance shall be void if Petitioner fails to execute
    and forward the certificate within forty—five day period. The
    forty—five 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), village of Bensenville, having read the Order of
    the Illinois Pollution Control Board, in PCB 89—74 dated April
    27, 1989, 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
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat. 1987 ch. 111 1/2 par. 1041, provides for appeal of Final
    Orders of the Board ~within35 days. The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    93—307

    —4—
    I Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~ that t~eabove Opinion and Order was
    adopted on the .~7(-~-dayof
    (4y~L ,
    1989, by a vote
    of 7-C
    .
    Doro
    Ill
    on Control Board
    98—308

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