ILLINOIS POLLUTION CONTROL BOARD
    July 3, 1990
    CITY OF POLO,
    )
    Petitioner,
    v.
    )
    PCB 90—125
    )
    (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 July 2, 1990. The recommendation refers to
    a request from Petitioner, City of Polo, for a 45-day extension
    to a provisional variance from effluent 5-day biochemical oxygen
    demand (BOD5) and suspended solids (TSS) limitations, as set
    forth in 35 Ill. Adm. Code 304.120(c), previously granted in PCB
    90-39 on March 22, 1990. The original provisional variance ran
    for the period beginning from when the City removes its final
    clarifier from service, on April 30, 1990, and lasted for a
    period of 45 days, until June 15, 1990. The requested extension
    would commence on June 15, 1990 and expire when the City returns
    its clarifier to service or after 45 days, whichever comes first.
    Upon receipt of the request the Agency issued its
    recommendation, concluding that the failure to grant the
    requested 45-day provisional variance would impose an arbitrary
    or unreasonable hardship on Petitioner.
    The City operates a 0.5 MGD DAF wastewater treatment
    facility that discharges to Buffalo Creek, a tributary of Elkhorn
    Creek, in the Rock River basin. The present effluent limits of
    NPDESand
    12permitmg/i TSSnumber(monthly1L0030449averages).for
    itsThedischargesCity
    mustareremove10mg/iits60D5
    final clarifier from service for repairs. The Agency agrees that
    this is necessary. During the time the final~clarifier has been
    down, the City’s plant has operated the remaining equipment,
    primary settling, the comminutor, a trickling filter, a polishing
    lagoon, and disinfection, providing primary and secondary
    treatment with disinfection.
    The repair work has been delayed. First, there was a delay
    in shipment of the clarifier mechanism. Second, the City
    notified the Agency that wet weather has further delayed the
    work. Finally, the City asserts that extra time is necessary for
    curing of paint before the units return to service.
    The Agency does not believe that the requested relief will
    113—101
    2
    have any adverse impact on any downstream public water supply.
    The Agency is not aware of any federal law that would preclude
    the requested relief. The Agency agrees with the City that any
    environmental impact of this provisional variance would be
    minimal. The Agency recommends that the Board grant the
    requested provisional variance with conditions.
    In light of the Agency Recommendation, the Board hereby
    grants an extension of the provisional variance originally
    granted March 22, 1990 in PCB 90-39 from 35 Ill. Adm. Code
    304.120(c), from June 15, 1990 and continuing until the City of
    Polo returns its final clarifier to service or for 45 days after
    that date, whichever comes first, with the followin1 conditions:
    1. The term of this provisional variance shall commenc on
    J:une.15,~1990 and it.shall xp-ire~on_thedate~the City_c~.
    Polo returns its final clarifier to service or after 45 ys
    have elapsed from June 15, 1990, whichever comes first;
    2. During the term of this provisional variance, the
    effluent from the City of Polo’ treatment plant shall not
    exceed concentrations of 45 mg/i BOD5 and 60 mg/i TSS;
    3. During the term of this provisional variance, the City
    of Polo shall collect samples and analyze them according to
    the terms of NPDES permit number 1L0030449, and report them
    to the Agency on its monthly discharge monitoring reports;
    4. The City of Polo shall notify Dennis Connor of the
    Agency’s Rockford office by telephone, at 815-987-7755, when
    the final clarifier is removed from service and when the
    work is completed, and the City 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 Mark Brooks
    5. During the term of this provisional variance, the City
    of Polo shall operate its plant in a manner that assures
    that it discharges the best quality effluent practicable;
    and
    6. The City shall execute a copy of a Certificate of
    Acceptance of this provisional variance and forward that
    copy to the Agency addressed as indicted in condition 4; the
    113—102
    3
    City shall forward that copy within 10 days of the date of
    this Order of the Board, i.e., on or before July 13, 1990;
    and the Certificate of Acceptance shall take the following
    form:
    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 90-39, March 22, 1990.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    B~.ard, do hereby certify
    ~______
    day of
    _____________________________~
    above Order was1990,adoptedby
    a voteon
    theof
    7-0.
    Dorol
    Illinois
    runn, Clerk
    llution Control Board
    113—103

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