ILLINOIS POLLUTION CONTROL ROARfl
    July 20, 1995
    VILLAGE OF DUPO,
    )
    )
    Petitioner,
    )
    v.
    )
    PCD 96—12
    )
    (Provisional Variance-Water)
    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)), the Village of Dupo has requested
    that the Illinois Environmental Protection Agency (Agency)
    recommend that the Board grant a provisional variance to allow
    the
    Village of flupo to operate in violation of certain effluent
    limitations contained in its National Pollutant Discharge
    Elimination System (NPDES)
    permit,
    ILO026441, during a period of
    repairs and modifications to its wastewater treatment facility.
    Such request for a provisional variance and the Notification of
    Recommendation were filed with the Board by the Agency on
    Wednesday, July 19, 1995.
    Pursuant to Section 35b)
    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 Agency, by and through its
    Director, Mary A. Gade,
    seeks a provisional variance for the
    Village of Dupo in order to allow it to operate its wastewater
    treatment facility during a period of repairs and modifications
    to the trickling filter.
    SpeciEically, the Agency recommends that we grant the
    Village of Dupo a (forty—five)
    45 day provisional variance for
    its facility located in St. Clair County, from the requirements
    pertaining to carbonaceous biochemical oxygen demand
    (CBOD5) and
    total suspended solids
    (TSS)
    as set forth in 35 Ill. Adm. Code
    304.120(a) and 304.141(a), for the period beginning August 16,
    1995 and continuing for a period not longer than forty-five
    (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.
    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 bya 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 Village of
    Dupo a provisional variance from 35 Ill. Adm. Code 304.120(a)
    and
    304.141(a)
    for discharge from its Outfall 001, on the following
    conditions:
    1.
    The provisional variance shall commence on August 16,
    1995 and continue for a period not longer than forty—five
    (45)—days;
    2.
    During this provisional variance, the following
    effluent limitations shall be in effect:
    Parameter
    Monthly Average
    CBOD5
    85 mg/l
    TSS
    85 mg/l
    These parameters shall be monitored at the same sample
    frequency and sample type as specified in the NPDES Permit;
    3.
    During this provisional variance, the Village of Dupo
    shall operate its wastewater treatment plant so as to
    produce the best effluent practicable;
    4.
    The petitioner shall notify Nick Mahlandt of the
    Agency’s Collinsville Regional office by telephone, at
    618/346-5120, when repairs are complete and all treatment
    units are returned to service, and the petitioner shall
    confirm this notice in writing within five
    (5)
    days,
    addressed as follows:
    -5
    Illinois Environmental Protection Agency
    Bureau of Water
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois
    62794—9276
    Attention:
    Barb Conner
    The Village of Dupo shall execute a copy of a Certificate of
    Acceptance of this provisional variance and forward that copy to
    the Agency addressed as is the written notice required in the
    above condition; the petitioner shall forward that copy within
    ten (10) days of the date of this order of the Board, and the
    Certificate of Acceptance shall 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 96-12, July 20, 1995.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,fio hereby certify 1t~atthe above order was adopted on the
    ~
    day of ____________________________,
    1995,
    by a vote of
    79ófrU~
    MC.
    Dorothy M. 4nn,
    Clerk
    Illinois Pfjlution Control Board

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