ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2001
    ILLINOIS AMERICAN WATER
    COMPANY, ALTON REPLACEMENT
    FACILITY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 01-100
    (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 Illinois American Water
    Company, Alton Replacement Facility (IAWC), for its public water supply treatment plant,
    located in Alton, Madison County, Illinois. The requested variance is from the requirement of
    a National Pollutant Discharge Elimination System (NPDES) permit to allow it to bring the
    replacement plant into service on December 28, 2000, before its pending NPDES permit has
    been finally issued by the Agency.
    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
    309.102.
    The provisional variance is granted, subject to the following conditions:
    1. The variance begins December 28, 2000, and continues for 45 days or until the
    effective date of the final NPDES permit for the Alton replacement facility.
    2
    2.
     
    During the variance period, petitioner must comply with the terms of the
    adjusted standard in
    In re:
    Petition of Illinois American Water Company’s
    Public Water Supply Replacement Facility Discharge to the Mississippi River
    for an Adjusted Standard from 35 Ill. Code 302.203, 304.106, and 304.124
    (September 7, 2000), AS 99-6.
    3.
     
    Petitioner must sign a certificate of acceptance of this provisional variance and,
    within ten days of the date of this order, forward that certificate to the
    following address:
    Illinois Environmental Protection Agency
    Bureau of Water – Water Pollution Control
    Compliance Assurance Section
    Wastewater Compliance Monitoring Unit
    Attention: Roger Callaway
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    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 01-100 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.
    3
    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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