ILLINOIS POLLUTION CONTROL BOARD
    June 7, 2001
    VILLAGE OF ASHLAND,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 01-166
    (Provisional Variance – Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On June 5, 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 Ashland (Ashland) for its
    wastewater treatment facility, located in the Village of Ashland, Cass County. The request
    seeks variance from all effluent concentration limits during the replacement of four air
    diffusers and draw off valves at the Village’s activated sludge plant.
    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) (2000)), 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), 304.121(a), 304.122(a), 304.125 and 304.141(a) for Outfall 001.
    The provisional variance is granted, subject to the following conditions:
    1.
    The variance begins on June 1, 2001, and continues for 45 days from that date
    or until completion of the work, whichever occurs first.
    2.
    Petitioner must notify Jeb McGhee of the Agency’s Springfield office by
    telephone at 217-782-9864 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:
    2
    Illinois Environmental Protection Agency
    Bureau of Water – Compliance Assurance Section
    Attention: Jeb McGhee
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    3.
    Petitioner must sign a certificate of acceptance of this provisional variance and
    forward that certificate to Barb Conner at the address indicated above within ten
    days of the date of this order, that is on or before June 17, 2001. The
    certification must take the following form:
    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 01-166 dated June 7, 2001.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (2000)) 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 7th day of June 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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