ILLINOIS POLLUTION CONTROL BOARD
    September 20, 2001
     
    VILLAGE OF PANAMA,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-35
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On September 18, 2001, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board grant a 45-day provisional variance to the Village of Panama
    (Village). The provisional variance from 35 Ill. Adm. Code 304.120(a) and 304.141(a) would
    allow the Village to remove sludge and install a rock filter at its wastewater treatment facility in
    the Village of Panama, Bond County. The Agency states that failure to grant the provisional
    variance would impose an arbitrary or unreasonable hardship on the Village.
     
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2000)) provides:
     
    The Board shall grant provisional variances, only upon notification from the
    Agency that compliance on a short term basis with any rule or regulation,
    requirement or order of the Board, or with any permit requirement would impose
    an arbitrary or unreasonable hardship. Such provisional variances shall be issued
    within 2 working days of notification from the Agency. 415 ILCS 5/35(b) (2000);
    see also
    35 Ill. Adm. Code 104.302.
     
    A provisional variance lasts for no more than 45 days, but the Board can extend the time period
    up to an additional 45 days on the Agency’s recommendation. Provisional variances granted to
    one person cannot exceed a total of 90 days during any calendar year. 415 ILCS 5/36(c) (2000);
    35 Ill. Adm. Code 104.308.
     
    The Board grants the Village a provisional variance from 35 Ill. Adm. Code 304.120(a)
    and 304.141(a) subject to the following conditions:
     
    1. The variance will begin on September 17, 2001, and continue for 45 days or until
    completion of the project, whichever occurs earlier.
     
    2. During the variance period, the Village must meet the monthly average effluent
    concentration of 60 mg/l CBOD and 65 mg/l TSS.
     
    3. Petitioner must notify George Lambert of the Agency by telephone at 217/782-
    9720, when repairs on the wastewater treatment plant have begun and when
    repairs are completed. Written confirmation must be sent within five days to the
    following address:
     
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section
    Attention: George Lambert
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    IT IS SO ORDERED.
     
    If the Village chooses to accept this provisional variance, it must execute a Certificate of
    Acceptance of all terms and conditions of this provisional variance and, within 10 days after the
    date of the above order, forward the executed certificate to the Agency at the above address. The
    form of the certificate is as follows:
     
    CERTIFICATE OF ACCEPTANCE
     
    The Village of Panama accepts and agrees to be bound by all terms
    and conditions of the Pollution Control Board’s September 20, 2001 order in
    PCB 02-35.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    order was adopted on September 20, 2001, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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