ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2001
    VILLAGE OF MILLEDGEVILLE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 01-99
    (Provisional Variance – Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 2, 2001, 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 the Village of Milledgeville
    (Village) for its wastewater treatment facility, located in the Village of Milledgeville, Carroll
    County, Illinois. The requested variance is from the total suspended solids (TSS) and
    carbonaceous biochemical oxygen demand (CBOD) effluent concentration limits in the Board’s
    rules and contained in National Pollutant Discharge Elimination System (NPDES) Permit
    IL0023345, during installation of two new trickling filter distribution units and cleaning and
    possible partial replacement of the rock media.
    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 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
    (415 ILCS 5/35(b) (1998)), the Board must issue the provisional variance within two days of
    the filing.
    The Board grants the petitioner a provisional variance from 35 Ill. Adm. Code
    304.120(a), 304.141(a), and from the excess flow limitations of NPDES Permit IL0023345.
    However, during this provisional variance period, petitioner must operate the wastewater
    treatment plant so as to produce the best effluent possible and must still meet the monthly
    average effluent concentration limits of 80 mg/L for TSS and 75 mg/L for CBOD.
    The provisional variance is granted, subject to the following conditions:
    2
    1. The variance begins January 3, 2001, and continues for 45 days or until
    completion of the work, whichever occurs first.
    2.
     
    During the variance period, petitioner must meet the monthly average effluent
    concentration limits of 80 mg/l for TSS and 75 mg/l for CBOD.
    3. Petitioner must notify Jack Adams of the Agency’s Rockford regional office by
    telephone at 815-987-7755 when the installation begins and again when the
    installation is completed. Written confirmation of each notice must be sent
    within five days to the following address:
    Illinois Environmental Protection Agency
    Bureau of Water - Water Pollution Control
    Attention: Roger Callaway
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    3.
     
    Petitioner must sample for TSS and CBOD three times per week during the
    variance period.
    4.
     
    Petitioner must continue to monitor and maintain compliance with all other
    parameters and conditions specified in NPDES Permit IL0023345.
    5. Petitioner must complete the permitted expansion as expeditiously as possible.
    Petitioner must operate the facility in such a manner so as to produce the best
    effluent practicable and must provide full treatment to the maximum amount of
    flow as possible.
    6. Petitioner must sign a certificate of acceptance of this provisional variance and
    forward that certificate to Roger Callaway at the address indicated above within
    ten days of the date of this order. The certification should take the following
    form:
    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 01-99 dated January 4, 2001.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    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 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 4th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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