ILLINOIS POLLUTION CONTROL BOARD
    March 28,
    1991
    VILLAGE OF ITASCA,
    Petitioner,
    v.
    )
    PCB 91—55
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated March 26,
    1991.
    The recommendation refers
    to a request from Petitioner, Village of Itasca,
    for a
    provisional variance from the effluent dilution and non—
    degradation to stream water quality requirements,
    as set forth in
    35
    Ill.
    Adm. Code 304.102(a)
    and 304.141(b),
    for the period from
    when the Petitioner commences repairs to its wastewater effluent
    pipe,
    by diversion of its wastewater into Spring Brook Creek,
    and
    continuing until the Petitioner returns its effluent pipe 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 create an arbitrary and unreasonable
    hardship on the Petitioner.
    The responsibilities of the Agency and
    tile Board
    in these
    short—term provisional variances are different from the
    responsibilities in standard variances.
    See Ill.
    Rev.
    Stat.
    1989,
    ch. 111~,pars.
    1035(b)
    &
    (c).
    In provisional variances it
    is the responsibility of~theAgency 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 and
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Ill. Adm.
    Code 304.102(a)
    and
    120—309
    2
    304.141(b)
    on the following conditions:
    1.
    The term of this provisional variance shall commence
    when the Petitioner,
    Village of Itasca,
    initiates bypassing
    its effluent pipe by diverting its wastewater effluent to
    Spring Brook Creek, and it shall expire on the date the
    Petitioner returns its effluent pipe to service,
    or after
    45
    days have elapsed, whichever comes first;
    2.
    During the term of this provisional variance, the
    effluent from the Petitioner’s treatment plant shall not
    exceed the limitations set forth in NPDES permit IL0026280,
    and the Petitioner shall sample its effluent at the
    frequency set forth in that permit;
    3.
    The Petitioner shall return its effluent pipe to
    service and recommence discharging to Salt Creek as soon as
    possible;
    4.
    The Petitioner shall notify Allen Anderson of the
    Agency’s Naywood Regional office by telephone,
    at 708-531-
    5900, when it removes its begins discharge to Spring Brook
    Creek and when it recommences discharge to Salt Creek,
    and
    the Petitioner shall confirm this notice
    in writing within
    five 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:
    Dan Ray
    5.
    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 to Mark T. Books, addressed as above,
    within 10 days of the date of this Order of the Board, and
    the Certificate of Acceptance shall take the following form:
    120—310
    3
    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 91-55, March 28,
    1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED
    J.D.
    Dunielle &
    B.
    Forcade concurred.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Boa~ do hereby certif
    that the above Order was adopted.on the
    ~Zi’~
    day of ____________________________,
    1991,
    by a vote of
    7-0
    Dorothy N.
    Illinois P
    Control Board
    12
    0—3
    11

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