ILLINOIS POLLUTION CONTROL BOARD
September 15,
1994
CITY OF WATERLOO,
)
)
Petitioner,
)
v.
)
PCB 94—251
)
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by C.
A. Manning):
Pursuant to Section 35(b)
of the Environmental Protection
Act
(Act)
(415 ILCS 5/35(b)), City of Waterloo has requested that
the Illinois Environmental Protection Agency
(Agency) recommend
that the Board grant a provisional variance to allow City of
Waterloo to obtain water main construction permits from the
Agency during a period of Restricted Status. Such request for a
provisional variance and the Notification of Recommendation was
filed with the Board by the Agency on Wednesday, September 14,
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 City of Waterloo in order
to allow it to construct water main extensions.
Specifically, the Agency recommends that we grant City of
Waterloo a
(forty-five)
45-day provisional variance for its
Monroe County facility from Standards of Issuance and Restricted
Status requirements as set forth in 35 Ill.
Adm. Code 602.105(b)
and 602.106(a),
but only as the rules relate to the water
capacity drawn on the Waterloo treatment plant. The Agency
request that this provisional variance shall commence on the date
of the Board Order granting it and continue for a period not
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 or unreasonable
hardship on the petitioner.
2
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)
&
36(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 602.105(b)
and
602.106(a), on the following conditions:
1.
The term of this provisional variance shall commence on
September 15,
1994 and continue for a period not longer than
45 days.;
2.
Until full compliance is reached, the Agency will issue
construct—only permits for the extension of water mains to
petitioner’s facility.
3.
Until full compliance is reached, the petitioner shall
take all reasonable measures with existing equipment to
minimize the water usage during excessively hot weather and
high usage times.
Petitioner shall execute a copy of a Certificate of
Acceptance of this provisional variance and forward that copy
within ten
(10) days of the date of this order of the Board to
the Agency:
Stephen C.
Ewart
Illinois Environmental Protection Agency
Division of Legal Counsel
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois
62794—9276
and the Certificate of Acceptance shall 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 94-251, September 15,
1994.
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board,
do hereby certif
that the above order was adopted on the
/~5CZ
day of ___________________________,
1994,
by a vote of
c~,
~/,
~
/2L.
~
Dorothy N. GU~I,Clerk
Illinois Poll4Ation Control Board