ILLINOIS POLLUTION CONTROL BOARD
March 17, 1994
DANVILLE SANITARY DISTRICT,
)
)
Petitioner,
V.
)
PCB 94-89
)
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by C. A. Manning):
Pursuant to Section 35(b) of the Environmental Protection
Act (Act) (415 ILCS 5/35(b)), Danville Sanitary District has
requested that the Illinois Environmental Protection Agency
(Agency) recommend that the Board grant a provisional variance to
allow the Danville Sanitary District to continue operating during
a period of wastewater treatment plant repairs. Such request for
a provisional variance and the Notification of Recommendation was
filed with the Board by the Agency on Wednesday, March 16, 1994.
Pursuant to Section 35(b) of the Act, the Board must issue the
variance within two (2) days of this filing.
Pursuant to Section 35(b) of the Environmental Protection
Act (Act) (415 ILCS 5/35(b)), the Illinois Environmental
Protection Agency (Agency), by and through its Director, Mary A.
Gade, seeks a provisional variance for Danville Sanitary District
in order to allow it to continue operating during a period of
wastewater treatment plant repairs.
Specifically, the Agency recommends that we grant Danville
Sanitary District a forty-five (45)-day provisional variance for
its Vermilion County facility 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), ~or the
period from March 9, 1994 and continuing until the petitionei~
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 or unreasonable
hardship on the petitioner.
2
Provisional variances are by their very nature temporary.
The responsibilities of the Agency and the Board in these short-
term provisional variances are different from the
responsibilities in standard variances. (~g 415 ILCS 5/35 (b) &
36(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 or
unreasonable hardship, the Board hereby grants the petitioner a
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 March 9, 1994 when the petitioner, Danville Sanitary
District, initiates repairs to its wastewater treatment
plant, by bypassing its tertiary treatment unit and the
sludge disposal lines, and it shall expire on the date the
petitioner completes the required maintenance work or after
forty—five (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 and 35 mg/l SS each
on a monthly average;
3. The petitioner shall notify Eileen Cronin of the
Agency’s Champaign Regional office by telephone, at
(217)333-8361 when it returns the unit to service, and the
petitioner shall confirm this notice in writing within five
(5) 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 tertiary treatment
unit and the sludge disposal lines 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;
3
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 ten (10) days of the date of this
order of the Board, 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 94-89, March 17, 1994.
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
~‘Th~L-L~c.~iLi
,
1994, by a vote of
~
(~U~
Dorothy M//Gunn, Clerk
Illinois (~P~llutionControl Board