ILLINOIS POLLUTION CONTROL BOARD
    October 6, 1994
    METROPOLITAN WATER
    RECLAMATION DISTRICT
    )
    OF GREATER CHICAGO,
    )
    Petitioner,
    )
    v.
    )
    PCB 94—285
    )
    (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)), Metropolitan Water Reclamation
    District of Greater Chicago (MWRDGC) has requested that the
    Illinois Environmental Protection Agency (Agency) recommend that
    the Board grant a provisional variance to allow MWRDGC to
    continue operating during a period of wastewater treatment plant
    modifications. Such request for a provisional variance and the
    Notification of Recommendation were filed with the Board by the
    Agency on Wednesday, October 6, 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 NWRDGC in order to allow
    it to continue operating during a period of wastewater treatment
    plant modifications.
    Specifically, the Agency recommends that we grant MWRDGC a
    (forty-five) 45 day provisional variance for its Cook County
    facility from the effluent requirements, as set forth in 35 Ill.
    Adm. Code 304.141(a) and 304.102(a) for the period from when the
    petitioner continues modifications to its wastewater treatment
    plant, by continuing to remove the eighteen drop shafts from
    service, and until the petitioner returns the Cal—Sag section of
    Tunnel and Reservoir Project (TARP) to service, but not for
    longer than 45 days. This recommendation is essentially that the
    Board extend a previously-granted forty-five (45)-day provisional
    variance that expired October 3, 1994. The docket number of the
    previous provisional variance was PCB 94—219, granted on August
    11, 1994.
    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

    2
    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.
    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 responsibil-
    ities in standard variances. (See 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 304.141(a) and
    304.102(a), on the following conditions:
    1. The term of this provisional variance shall commence on
    October 4, 1994 and it shall expire on the date the
    petitioner completes the required construction work, or
    after forty—five (45) days have elapsed, whichever comes
    first;
    2. The petitioner shall notify Rob Sulski of the Agency’s
    Maywood Regional office by telephone, at (708)338—7900, when
    necessary construcrion work is completed and when it returns
    the Cal-Sag section of TARP 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: Dan Ray
    3. The petitioner shall immediately inform the Agency of
    any adverse circumstances that may arise, due to any
    abnormal precipitation events or connection related
    problems.

    3
    4. The petitioner shall operate its Calumet Wastewater
    Reclamation Plant in such a manner as to treat the highest
    possible influent flow. Petitioner shall also perform the
    necessary work as expeditiously as possible.
    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:
    CERTIFI CATION
    I (We), _______________________________
    hereby accept and agree to be bound by all terms
    and conditions of the order of the Pollution
    Control Board in PCB 94-286, October 6, 1994.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo~r~,do hereby certify t a~the above order was adopted on the
    ~-/~ day of ____________________________, 1994, by a vote of
    ~-c)
    /7
    Dorothy N.
    GUfl1)~
    Clerk
    Illinois Pol~3tion Control Board

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