ILLINOIS POLLUTION CONTROL BOARD
    May 23, 1991
    ILLINOIS DEPARTMENT OF
    )
    CONSERVATION, DIXON SPRINGS
    )
    STATE PARK S.TP,
    )
    )
    Petitioner,
    PCB 91—85
    V.
    )
    (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 May 22, 1991. The recommendation refers to
    a request from Petitioner, Illinois Department of Conservation,
    Dixon Springs State Park S.T.P., for a provisional variance from
    the ammonia nitrogen (NH3), biochemical oxygen demand (CBOD5),
    and permit limitations effluent requirements, as set forth in 35
    Ill. Adm. Code 302.212(e), 304.120(c) and 304.141(a), for the
    period from this date and continuing until the Petitioner returns
    its sand filtration units 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. 111~,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
    12 2—281
    2
    denial of the requested relief would impose an arbitrary and
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Ill. Adm. Code 302.212(e),
    304.120(c) and 304.141(a), on the following conditions:
    1. The term of this provisional variance shall commence on
    the date of this Board Order, and it shall expire on the
    date the Petitioner returns its sand filtration units 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 6.0 mg/1 NH3 nitrogen, 40 ing/l
    CBOD5, 40 mg/l TSS, or 0.75 mg/l chlorine residual (each on
    a monthly average basis);
    3. The Petitioner shall notify Ronald Rogers at the
    Agency’s Marion Regional office by telephone, at 618-997-
    4392, when it returns its sand filtration units 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: Mark T. Books
    4. The Petitioner shall return its sand filtration units
    to service as expeditiously as possible and operate its
    plant during the term of this provisional variance in a
    manner that assures the best effluent practicable; and
    5. 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
    the following form:
    122—282
    3
    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 91-85, MaY 23, 1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    B. Forcade concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,, do hereby certif that the above Order was adopted on the
    ~?~S’~
    day of ___________________________, 1991, by a vote of
    £7~
    Dorothy M. Q~nn, Clerk
    Illinois Po~lution Control Board
    122—283

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