ILLINOIS POLLUTION CONTROL BOARD
    November 21, 1991
    CITY OF ROBINSON,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 91—231
    (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 November 20, 1991. The recommendation
    refers to a request from Petitioner, City of Robinson, for a
    provisional variance from the biochemical oxygen demand (CBOD5)
    and suspended solids (TSS) effluent requirements, as set forth in
    35 Ill. Adm. Code 304.120(c) and 304.141(a), for the period from
    when the Petitioner begins dewatering its stormwater lagoon, 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. 111½, 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
    provisional variance from 35 Ill. Adni. Code 304.120(c) and
    127—26 1
    2
    304.141(a), on the following conditions:
    1. The term of this provisional variance shall commence
    when the Petitioner, City of Robinson, initiates dewatering
    its stormwater algoon unit, and it shall expire on the date
    the Petitioner completes the required maintenance work, 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 20 mg/l CBOD5 or 20 mg/l TSS (each
    on a concentration basis);
    3. The Petitioner shall notify Joe Koronkowski of the
    Agency’s Champaign Regional office by telephone, at 217-
    333-8361, when it begins dewatering its stormwater lagoon
    unit 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: Mark T. Books
    4. The Petitioner shall return its stormwater lagoon to
    service as soon 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:
    12 7—262
    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 91-231, November 21, 1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED
    J.D. Dumelle concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby cect~4ythat the above Order was adopted on the
    ~_/‘-~
    day of _____________________________, 1991, by a vote of
    Control Board
    12 7—263

    Back to top