ILLINOIS POLLUTION CONTROL BOARD
August 9, 1990
VILLAGE OF HANOVER,
)
Petitioner,
v.
)
PCB 90—153
(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, Village of Hanover for a 45—day
provisional variance from the biochemical oxygen demand (CBOD5)
and suspended solids (TSS) effluent requirements, as set forth in
35 Ill. Adm. Code 304.120 and 304.141(a) for the period from when
the Petitioner begins repairs to its wastewater treatment plant,
by bypassing its sand filtration units and continuing until 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 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. Adin. Code 304.120 and
304.141(a) on the following conditions:
1. The term of this provisional variance shall commence
when the Petitioner, Village of Hanover, initiates bypassing
its sand filtration unit, and it shall expire on the date
the Petitioner returns its sand filtration unit to service
or after 45 days have elapsed, whichever comes first;
2. During the term of this provisional variance, the
effluent from the Petitioner’s treatment plant shall not
exceed concentrations of 60 mg/l CBOD5 and 75 rng/l TSS, or
(each on a monthly average basis) ;
114--
1~)3
2
3. The Petitioner shall notify Dennis Connor of the
Agency’s Rockford Regional office by telephone, at 815/987-
7755 when it removes its sand filtration 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: Jan Hopper
4. The Petitioner shall return its sand filtration unit to
service 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
5. The Petitioner shall execute a copy of a Certificate of
Acceptance of this provisio~al 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:
CERTI FICATION
I (We), ________________________________________
hereby accept and agree to be bound by all terms
and conditions of the Order of the Pollution
Control Board in PCB 90-153, August 9, 1990.
Petitioner
Authorized Agent
Title
Date
ii
~-~-
I
(~‘~
3
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, do hereby ceçtify that the above Order was adopted on the
‘~‘-~.
day of ____________________________, 1990, by a vote of
Dorothy M.
c~iinn,
Clerk
Illinois Pollution Control Board
114-105