ILLINOIS POLLUTION CONTROL BOARD
October 11, 1990
ELECTRIC ENERGY, INC.,
)
)
Petitioner,
V.
)
PCB 90—186
)
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (3. Marlin):
This matter comes before the Board on receipt of an Agency
Recommendation dated October 10, 1990. The recommendation refers
to a request from Petitioner, Electric Energy, Inc., for a
provisional variance from the suspended solids (TSS) effluent
requirements, as set forth in 35 Ill. Adm. Code 304.120 and
304.141(a), for the period from October 2, 1990, and continuing
until the Petitioner completes construction at its wastewater
treatment facilities, but not for longer than 45 days. This
provisional variance would effectively, extend the term of a
provisional variance granted the Petitioner on August 9, 1990 in
PCB9O—155.
The Z~gency 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. Adm. Code 304.120 and
304.141(a) on the following conditions:
1. The term of this provisional variance shall commence on
October 2, 1990, and it shall expire on the date the
Petitioner, Electric Energy, Inc., completes construction at
its wastewater treatment facility, or after 45 days have
elapsed, whichever comes first;
2. The Petitioner shall notify Dwight Hill of the Agency’s
Marion Regional office by telephone, at 618/997-4371 when it
initiates construction and when it completes construction,
and the Petitioner shall confirm this notice in writing
115—333
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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
3. The Petitioner shall complete construction 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
4. 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 required above for a
notice; the Petitioner shall forward that copy within 10
days of the date of this Order of the Board, addressed to
Mark T. Books, 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 90-186, October 11, 1990
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED.
115—334
3
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, do hereby certify~at the above Order was adopted on the
//~tZ~day of
~ ~-/-~-‘~
,
1990, by a vote of
/
,,
~
~2t
~
Dorothy M. G,i4’(n, Clerk
Illinois PoI~’utionControl Board
115—335