ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1999
    CATERPILLAR, INC, (Mossville Engine
    Center),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-88
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 16, 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 to Caterpillar, Inc. for its Mossville Engine Center’s wastewater
    treatment plant. The provisional variance would allow this Peoria County petitioner to complete
    replacement at its wastewater treatment plant of the plant’s existing tertiary gravity filters with new
    Gravisand Traveling Bridge filters; work is scheduled to begin on or about January 10, 2000. 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 five-day biochemical oxygen
    demand, suspended solids, and oil and grease limits set forth in 35 Ill. Adm. Code 304.120, 304.124,
    and 304.141(a) and National Pollutant Discharge Elimination System (NPDES) Permit No.
    IL0001414. 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) (1998)), the Board must issue the provisional variance within two days of the filing.
    The provisional variance is granted, subject to the following conditions:
    1.
    The variance shall begin on the date (on or about January 10, 2000) when petitioner
    begins bypassing the existing tertiary gravity filters and shall continue for 45 days or until
    the installation of the new Gravisand Traveling Bridge filters is completed, whichever
    occurs first.
    2.
    During the variance period, petitioner’s total suspended solids shall be limited to 45
    milligrams/liter (mg/l) as a monthly average concentration and 90 mg/l as a daily
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    maximum concentration, biochemical oxygen demand shall be limited to 35 mg/l as a
    30-day monthly average concentration and 70 mg/l as a daily maximum concentration,
    and oil and grease shall be limited to 25 mg/l as a 30-day monthly average
    concentration and 50 mg/l daily maximum concentration. Each of these limits shall be
    based upon composite sampling. Petitioner shall continue to meet all other limits
    imposed by its NPDES Permit No. IL0001414.
    3.
    Petitioner shall notify Lyle Ray of the Agency by telephone at 309/693-5463 when the
    filters have been taken offline and again when the new filters have been put online.
    Written confirmation of each notice shall be sent within five days to the following
    address:
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section
    Attention: Erin Rednour
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    Petitioner shall sign a certificate of acceptance of this provisional variance and forward
    that certificate to Erin Rednour at the address indicated above 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 00-88 dated November 18, 1999.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    5.
    Petitioner shall operate the wastewater treatment facility in such a manner so as to
    produce the best effluent practicable.
    IT IS SO ORDERED.
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    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) 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 18th day of November 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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