ILLINOIS POLLUTION CONTROL BOARD
    June 21, 2001
     
    THE PREMCOR REFINING GROUP, INC.,
     
     
    Petitioner,
     
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
     
    Respondent.
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    PCB 01-171
    (Provisional Variance – Water, NPDES)
     
    ORDER OF THE BOARD (by C.A. Manning):
    On June 19, 2000, 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 Premcor Refining Group, Inc. (Premcor) for its wastewater
    treatment facility, located in Hartford, Madison County, Illinois. The requested variance is from the total
    suspended solids (TSS) and carbonaceous biochemical oxygen demand (CBOD), and ammonia effluent
    concentration limits in the Board’s rules and contained in National Pollutant Discharge Elimination
    System (NPDES) Permit No. IL0001244, during upgrading of the facility by the installation of a
    diffused aeration system in the biological reactors.
     
    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(b) and
    304.141(a) for Outfall 001. During this provisional variance period, petitioner must still meet the
    monthly average effluent concentration limits of 40 mg/l for TSS and 30 mg/l for CBOD and 270
    lbs/day for ammonia.
     
    The provisional variance is granted, subject to the following conditions:
     
    1.
    The variance shall begin on June 22, 2001, and continue for 45 days or until completion
    of the work, whichever occurs first.
     
     
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    2.
    During the variance period, petitioner shall meet the monthly average effluent
    concentration limits of 40 mg/l for TSS and 30 mg/l for CBOD and 270 lbs/day for
    ammonia.
     
    3.
    Petitioner shall notify Barb Conner of the Agency’s Springfield office by telephone
    217/782-9720 when the installation begins and again when the installation is completed.
    Written confirmation of each notice shall be sent within five days to the following
    address:
     
      
     
    Illinois Environmental Protection Agency
    Bureau of Water – Compliance Assurance Section
    Attention: Barb Conner
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    3.
    Petitioner shall continue to monitor and maintain compliance with all other parameters
    and conditions specified in its NPDES Permit No. IL0001244.
     
    4.
    Petitioner shall 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. The certification should 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 01-171 dated June 21, 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 the date of service of this
     
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    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 21st day of June 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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