ILLINOIS POLLUTION CONTROL BOARD
    September 5, 2002
     
    DYNEGY MIDWEST GENERATION
    (BALDWIN POWER STATION),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-27
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On September 4, 2002, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board grant a 45-day provisional variance to Dynegy Midwest
    Generation (Dynegy) with an effective date of September 2, 2002. The provisional variance
    from the daily maximum and monthly average total suspended solids (TSS) effluent limits in
    Dynegy’s National Pollutant Discharge Elimination System (NPDES) permit would allow
    Dynegy to dredge the secondary cell of the plant’s ash pond system. According to Dynegy,
    dredging the pond will restore settling capacity for compliance with TSS effluent limitations.
    Dynegy’s coal-fired generating system is located near Baldwin in St. Clair and Randolph
    Counties. The Agency states that failure to grant the provisional variance would impose an
    arbitrary or unreasonable hardship on Dynegy.
     
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2000)) provides:
     
    The Board shall grant provisional variances, only upon notification from the
    Agency that compliance on a short term basis with any rule or regulation,
    requirement or order of the Board, or with any permit requirement would
    impose an arbitrary or unreasonable hardship. Such provisional variances shall
    be issued within 2 working days of notification from the Agency. 415 ILCS
    5/35(b) (2000);
    see also
    35 Ill. Adm. Code 104.302.
     
    A provisional variance lasts for no more than 45 days, but the Board can extend the time
    period up to an additional 45 days on the Agency’s recommendation. Provisional variances
    granted to one person cannot exceed a total of 90 days during any calendar year. 415 ILCS
    5/36(c) (2000); 35 Ill. Adm. Code 104.308.
     
    The Board grants Dynegy a provisional variance from 35 Ill. Adm. Code 304.124(a)
    and its NPDES permit, subject to the following conditions:
     
    2
     
    1) The term of this provisional variance shall begin on September 2, 2002, and
    continue for a period of 45 days from September 2, 2002 or until completion of
    the construction, whichever occurs earlier.
     
    2) During the provisional variance period, Dynegy shall meet a total suspended
    solids limit of 50 mg/L monthly average and a sampling frequency of once per
    week using a 24-hour composite.
     
    3) Dynegy shall notify Barb Conner of the Agency by telephone at 217/782-9720
    when dredging work on the secondary cell is completed. Also, Dynegy shall
    make written notification of the event within five days of the start of
    construction to the following address:
     
    Illinois Environmental Protection Agency
    Bureau of Water- Water Pollution Control
    Compliance Assurance Section
    Wastewater Compliance Assurance Unit
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    Attn.: Barb Conner
     
    4) Monitoring results of all testing and dates shall be tabulated and submitted to the
    Agency for the provisional variance period. This information shall be sent to
    the address indicated above.
     
    5) Dynegy shall also complete the maintenance related work on the secondary cell
    of the plant’s ash pond system as expeditiously as possible. During the
    provisional variance period, Dynegy shall operate the facility in such a manner
    as to produce the best effluent practicable.
     
    6) Dynegy shall continue to monitor and maintain compliance with all other
    parameters and conditions specified in NPDES permit number IL0000043.
     
    IT IS SO ORDERED.
     
    If Dynegy chooses to accept this provisional variance, it must execute a Certificate of
    Acceptance of all terms and conditions of this provisional variance and, within 10 days after
    the date of the above order, forward the executed certificate to Barb Conner at the Agency at
    the above address. The form of the certificate is as follows:
     
     
    3
    CERTIFICATE OF ACCEPTANCE
     
    Dynegy accepts and agrees to be bound by all terms and conditions of
    the Pollution Control Board’s September 5, 2002 order in PCB 03-27.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906,
    102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the
    Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335.
    The Board’s procedural rules provide that motions for the Board to reconsider or modify its
    final orders may be filed with the Board within 35 days after the order is received. 35 Ill.
    Adm. Code 101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 5, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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