ILLINOIS POLLUTION CONTROL BOARD
April 21, 1994
CITY OF SHELBYVILLE,
)
)
Petitioner,
)
v.
)
PCB 94—128
)
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
Pursuant to Section 35(b) of the Environmental Protection Act
(Act)
(415 ILCS
5/35(b)),
the City of Shelbyville has requested
that
the
Illinois
Environmental
Protection
Agency
(Agency)
recommend that the Board grant a provisional variance to allow the
city
of
Shelbyville
to
continue
operating
during
a
period
of
wastewater treatment plant repairs to its effluent force main.
Such request for
a provisional variance and the Notification of
Recommendation was filed with the Board by the Agency on April 20,
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 the City of Shelbyville
in order to
allow
it
to
continue
operating during
a
period
of
wastewater
treatment plant repairs.
Specifically, the Agency recommends that we grant the City of
Shelbyville
a
forty—five
(45)—day provisional variance
for
its
Shelby County facility from the biochemical oxygen demand
(BOD5),
and suspended solids
(TSS) effluent requirements, as set forth in
35 Ill.
Adin. Code 309.102, for the period from when the petitioner
removes the force main from service and begins discharging from the
wastewater
treatment
plant
into Robinson
Creek,
and continuing
until the petitioner returns the force main to service, but not for
longer than 45 days.
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 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
2
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 responsibilities in
standard variances.
(~
415 ILCS 5/35
(b)
&
(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
309.102,
on
the
following conditions:
1.
This variance shall begin when the force main is removed
from service and Petitioner begins discharging into Robinson
Creek and shall continue for forty-five (45) days or until the
force main is returned to service, whichever comes first.
2.
The
petitioner
shall
notify
Joe
Koronkowski
of
the
Agency’s Champaign Regional office by telephone,
at 217—333-
8361, when
it removes
its force main unit from service and
when it returns the unit 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:
Mark T. Books
3.
During the provisional variance, Petitioner shall operate
its sewage treatment plant so as to produce the best effluent
practicable.
Additionally,
Petitioner
shall
perform
the
necessary
repair
work
on
the
effluent
force
main
as
expeditiously as possible.
4.
During the term of this provisional variance, Petitioner
shall meet monthly average effluent limits at outfall 002 of
10 mg/i
BOD5
12 mg/i SS and 4.0 mg/i ammonia nitrogen
(all
concentration limits).
3
5.
During the variance period, Petitioner shall monitor for
its effluent parameter limits as required by its NPDES permit.
Petitioner shall also maintain compliance with its current
limits for pH and phosphorous.
6.
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:
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 94-128, April 21,
1994.
Petitioner
Authorized Agent
Title
Date
4
IT IS SO ORDERED.
I, Dorothy
M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
do hereby certify that the above order was adopted on the
~/‘~
day of
~
,
1994,
by a vote of
_________
Dorothy M.
unn, Clerk
Illinois
o lution Control Board