ILLINOIS POLLUTION CONTROL BOARD

June 20, 1991

VILLAGE OF AVISTON,

Petitioner,

v.

PCB 91—103

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by J.C Marlin):

This matter conies before the Board on receipt of an Agency

Recommendation dated June 19, 1991. The recommendation refers to

a request from Petitioner, Village of Aviston, for a provisional

variance from the biochemical oxygen demand (CBOD~) and suspended

solids (TSS) effluent requirements, as set forth in 35 Ill. Adin.

Code 304.102(c) and 304.141(a), for the period from when the

Petitioner begins repairs to its wastewater treatment plant, by

bypassing its contact stabilization unit, 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 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. 11l~,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

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provisional variance from 35 Ill. Adm. Code 304.120(c) and

304.141(a) on the following conditions:

1. The term of this provisional variance shall commence on

when the Petitioner, Village of Aviston, initiates bypassing

its contact stabilization unit, and it shall expire on the

date the Petitioner returns its contact stabilization 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 30 mg/i CBOD5 or 30 mg/i TSS

(concentration limits);

3. During the term of this provisional variance, t~ie

Petitioner shal~1sample for CBOD5 and TSS one day per week

(composite sample) and for all other permit limits at the

frequency noted in NPDES permit number 1L002 0001;

4. The Petitioner shall notify Chris Port of the Agency’s

Coliinsville Regional office by telephone, at 618—346—5120,

when it removes its contact stabilization 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: Barb Conner

5. The Petitioner shall return its contact stabilization

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

6. The Petitioner shall operate its plant during the term

of this provisional variance in a manner that assures the

best treatment practicable; and

7. 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

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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 91-103, June 20, 1991.

Petitioner

Authorized Agent

Title

Date

IT IS SO ORDERED.

J.D..Dumelle and B. Forcade concurred.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, do hereby certif that the above Order was adopted on the

c~91~Zday of _________________________, 1991, by a vote of

//~

Dorothy N. G)d,~’in, Clerk

Illinois Po~Jution Control Board