ILLINOIS POLLUTION CONTROL BOARD
    March 11, 1992
    CITY OF PRINCETON,
    )
    Petitioner,
    v.
    )
    PCB 92—39
    (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 March 11, 1992. The recommendation refers
    to a request from Petitioner, City of Princeton, for a
    provisional variance for its Bureau County facility from the
    ammonia nitrogen (NH3) effluent requirements, as set forth in 35
    Ill. Adm. Code 304.105, 302.212, and 304.141(a), for the period
    from when the Petitioner begins repairs to its wastewater
    treatment plant, by removing its primary clarifier #3 from
    service, 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 variar~r~esit
    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
    13 1—3 1
    2
    provisional variance from 35 Ill. Adin. Code 304.105, 302.212, and
    304.141(a), on the following conditions:
    1. The term of this provisional variance shall commence
    when the Petitioner, City of Princeton, initiates repairs to
    its wastewater treatment plant, by removing its primary
    clarifier #3 unit, and it shall expire on the date the
    Petitioner returns its that clarifier 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 4.0 mg/l NH3 (on a monthly average
    concentration basis);
    3. The Petitioner shall notify Jack Adam of the Agency’s
    Rockford Regional office by telephone, at 815-987—7755, when
    it removes its primary clarifier #3 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: Gordon Mccall
    4. The Petitioner shall perform the necessary repair work
    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:
    13 1—32
    3
    CERTI FICATION
    I (We), _______________________________
    hereby accept and agree to be bound by all terms
    and conditions of the Order of the Pollution
    Control Board in PCB 92-39, March 11, 1992.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above Order was adopted on the
    ,“~-
    day of ____________________________
    ,
    l992, by a vote of
    /
    /
    ~
    /~-~)
    ~
    Dorothy N. ~Gunn, Clerk
    Illinois Pollution Control Board
    13 1—33

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