ILLINOIS POLLUTION CONTROL BOARD
    July 13,
    1988
    CITY OF PEKIN,
    Petitioner,
    v.
    )
    PCB 88—109
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.D. Durnelle):
    This matter
    comes before
    the Board upon the July 12,
    1988,
    Agency Recommendation received from the Illinois Environmental
    Protection Agency (Agency).
    On July 7,
    1988 the Agency received
    a request for
    provisional variance.
    Specifically, Petitioner requests
    a
    relaxation for the effluent limits set forth
    at 35
    Ill. Adm. Code
    304.106(b)
    and 304.121 while construction improvements are
    conducted at Petitioner’s wastewater treatment facility.
    As
    a
    result of
    the anticipated construction,
    the wastewater treatment
    facility secondary units will
    be bypassed during a 48 hour
    period.
    Primary treatment will still
    be provided.
    Petitioner
    has stated that the work cannot be completed without bypassing
    the treatment units.
    Upon reviewing the Petition,
    the Agency has determined that
    denial of the requested relief would impose an arbitrary and
    unreasonable hardship on the City of Pekin.
    Upon review of
    the Agency’s recommendation,
    the Board does
    hereby grant the requested provisional variance subject to the
    following conditions:
    1.
    Variance shall commence when the bypassing of one of
    the
    secondary units
    is begun and shall continue for
    45 days
    or until
    the work
    is completed, whichever occurs first.
    2.
    During
    the period of this variance the effluent from the
    Petitioners wastewater plant shall be limited
    to those
    limits
    as described as follows:
    91—29
    —2—
    During
    partial
    During
    total
    secondary
    secondary
    unit
    bypass
    unit bypass
    C~D5
    50
    140
    TSS
    30
    140
    Fecal
    Colifortn
    per
    100 rn/i
    10,000
    1,000,000
    Duration
    45 days
    2 days
    3.
    Petitioner
    shall notify Barb Conner
    of the Agency’s
    Compliance Assurance Section via telephone at 217/782—
    9720 when bypassing of the units
    is started,
    and when
    the work on the facilities
    is completed.
    Written
    confirmation of each notification shall be submitted to
    the following address:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield,
    IL 62794—9276
    ATTN;
    Barb Conner
    4.
    Petitioner
    shall continue
    to sample and analyze its
    effluent and submit discharge monitoring
    reports
    (DMR’s)
    as required by NPDES Permit No.
    IL0034495.
    5.
    Petitioner
    shall
    limit
    the time(s)
    that treatment units
    are bypassed to those necessary
    to complete the work on
    the facilities
    in
    a safe,
    timely, and efficient manner.
    6.
    Petitioner
    shall operate and maintain its STP No.
    1 so
    as
    to produce the best effluent practicable.
    7.
    Within 10 days of the date of the Board’s Order,
    Petitioner
    shall execute
    a Certificate of Acceptance and
    Agreement which shall
    be sent to Mark T. Books
    at the
    following address.
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield,
    IL 62794—9276
    This variance shall
    be void
    if Petitioner
    fails
    to
    execute and forward
    the certificate within the ten day
    period.
    The ten day period shall
    be held
    in abeyance
    during any period that this matter
    is being appealed.
    The
    form of said Certification shall
    be as follows:
    91—30
    —3—
    CERTIFICATION
    I,
    (We), The City
    of Pekin, having read the Order
    of the
    Illinois Pollution Control Board,
    in PCB 88—109, dated July
    13,
    1988,
    understand and accept the said Order,
    realizing that such
    acceptance renders all
    terms and conditions thereto binding and
    enforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    Section
    41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1985 ch.
    111 1/2 par.
    1041, provides for appeal of final
    Orders of the Board within
    35 days.
    The Rules of the Supreme
    Court
    of Illinois establish filing requirements.
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, herebygertify that the above Order was adopted
    on
    the
    /~~-
    day of
    ___________,
    1988 by a vote
    of
    ________________.
    ~.
    /~-~
    orothy M /Gunn, Clerk
    Illinois Pollution Control Board
    91—31

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