ILLINOIS POLLUTION CONTROL BOARD
November 5, 1998
CITY OF DUQUOIN,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 99-58
(Provisional Variance - Water)
ORDER OF THE BOARD (by C.A. Manning):
On November 4, 1998, the Illinois Environmental Protection Agency (Agency) filed a
request for a provisional variance and notification of recommendation. The Agency
recommends that the Board grant a 45-day provisional variance. The provisional variance
would allow this Perry County petitioner to repair the primary trickling filter at its wastewater
treatment plant. In making its recommendation, the Agency states that failure to grant the
requested provisional variance for
45
days will result in an arbitrary or unreasonable hardship
on the petitioner.
The Board grants the petitioner a provisional variance from the limits for ammonia
nitrogen
,
five-day carbonaceous biochemical oxygen demand (CBOD), and total suspended
solids (TSS) set forth in
35 Ill. Adm. Code 302.212,
304.141(a) and 304.120. The Board is
required, in a provisional variance, to adopt a formal order, assure formal maintenance of the
record, assure the enforceability of the variance, and provide notification of the action by press
release. Pursuant to Section 35(b) of the Environmental Protection Act (Act) (415 ILCS
5/35(b) (1996)), the Board must issue the provisional variance within two days of the filing.
The provisional variance shall begin on October 7, 1998 and end on November 21,
1998, subject to the following conditions:
1.
During the variance period, petitioner shall meet the monthly average effluent
concentration limit of 30 milligrams/liter (mg/l) and daily maximum
concentration limits of 45 mg/l for CBOD and TSS. The ammonia nitrogen
limitations during the variance shall be 15 mg/l, as a monthly average, and 20
mg/L, as a daily maximum. Petitioner shall sample for these parameters three
days per week.
2.
Petitioner shall notify Barb Conner of the Agency’s Springfield regional office
by telephone at 217/782-9720 when repairs on the wastewater treatment plant
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are completed. Written confirmation shall be sent within five days to the
following address:
Illinois Environmental Protection Agency
Bureau of Water - Compliance Assurance Section
Attention: Barb Conner
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
3.
During the variance period, petitioner shall operate its wastewater treatment
facility to produce the best effluent practicable.
4.
Petitioner shall sign a certificate of acceptance of this provisional variance and
forward that certificate to the Agency within ten days of the date of this order.
The certification should 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 99-58 dated November 5, 1998.
______________________________________
Petitioner
______________________________________
Authorized Agent
______________________________________
Title
______________________________________
Date
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 5th day of November 1998 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board