ILLINOIS POLLUTION CONTROL BOARD
    January 21, 1999
    THORN CREEK SANITARY DISTRICT,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-104
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 20, 1999, 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 Cook County petitioner to replace the current chlorine gas disinfection system
    with a sodium hypochlorite system 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 35 Ill. Adm. Code
    304.141(a) and the effluent disinfection requirements set forth in National Pollutant Discharge
    Elimination System Permit (NPDES) No. IL0027723. 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 (415 ILCS 5/35(b) (1996)), the Board
    must issue the provisional variance within two days of the filing.
    The provisional variance shall be subject to the following conditions:
    1.
    The variance shall begin when the first excess flow event occurs after
    replacement of the chlorine gas system has begun and that system has been
    taken offline, and shall expire when the sodium hypochlorite system has been
    installed and is operational, or 45 days, whichever occurs first.
    2.
    During the term of this variance, the excess flow from the petitioner’s
    wastewater treatment plant shall not be required to meet the 400 fecal coliforms
    per 100 milliliter limit of the Board regulations and the NPDES permit.
    3.
    Petitioner shall notify Robert Sulski of the Agency’s Maywood regional office
    by telephone at 708/338-7900 when the chlorine gas system has been taken
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    offline, and when the sodium hypochlorite system is online and operational.
    Written confirmation shall be sent within five days to the following address:
    Illinois Environmental Protection Agency
    Bureau of Water - Water Pollution Control
    Attention: Erin Rednour
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    3.
    Petitioner shall install the sodium hypochlorite system as expeditiously as
    possible and operate its wastewater treatment facility during the term of this
    variance in a manner that assures best effluent practicable.
    4.
    Petitioner shall continue to monitor and maintain compliance with all other
    parameters and conditions specified in National Pollutant Discharge Elimination
    System Permit No. IL0027723.
    5.
    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 99-104 dated January 21, 1999.
    ______________________________________
    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 21st day of January 1999 by a vote of 7-0.
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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