iLLINOIS
    POLLUTION
    CONTROL
    BOARD
    June
    29,
    1995
    CITY OF GEORGETOWN,
    Petitioner,
    V.
    )
    PCB 95—184
    )
    (Provisional Variance-Water)
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by M.
    McFawn):
    Pursuant to Section 35(b)
    of the Environmental Protection
    Act (Act)
    (415 ILCS 5/35(b)), the City
    of Georgetown has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant
    a provisional variance to
    allow the City of Coorgctown
    to continue opereting during
    a
    period of repairs 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
    Tuesday, June
    27,
    1995.
    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 Agency,
    by and through its
    Director, Mary A.
    Gacle,
    seeks a provisional variance for the City
    of Georgetown in order to allow it to continue operating during a
    period of repairs to its trickling filter system.
    Specifically, the Agency recommends that we grant the City
    of Georgetown a
    (forty-five)
    45
    day provisional variance for its
    facility located in Vermillion County,
    from the requirements
    pertaining to carbonaceous biochemical oxygen demand
    (CBOD5)
    and
    total suspended solids
    (TSS)
    as set forth in
    35
    Iii.
    Adm.
    Code
    304.120(c)
    and 304.141(a),
    for the period beginning when the
    trickling filter system
    is
    removed from service 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
    gTaIIL 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
    2
    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.
    (~g~
    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 City of
    Georgetown a provisional variance from 35 Ill.
    Adm. Code
    304.120(c) and 304.141(a),
    on the following conditions:
    1.
    The variance shall commence on the date when the
    trickling filter system is removed from service and
    continuing for a period not longer than forty-five
    (45)-
    days;
    2.
    The petitioner shall notify Joe Koronkowski of the
    Agency’s Champaign Regional office by telephone,
    at 217/333-
    8361, when it removes the trickling filter system from
    service and when
    it returns the filter system to service,
    and the petitioner shall confirm this notice in writing
    within five
    (5)
    days, addressed as follows:
    Illinois Environmental Protection Agency
    Bureau of Water
    Wastewater Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    Illinois
    62794—9276
    Attention:
    Mark T.
    Books
    3.
    During this provisional variance, the City of
    Georgetown shall meet monthly average effluent limits of 50
    milligrams per liter
    (mg/l) for both CB0D~and TSS;
    4.
    During this provisional variance, the City of
    Georgetown shall perform the necessary painting and repairs
    to the trickling filter system as expeditiously as possible
    so as to minimize the period of time that the plant is out
    of
    serviee.
    The City of Georgetown 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 95-184,
    June 29,
    1995.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby cert
    y that the above order was adopted on the
    6?~
    day of ____________________________,
    1995,
    by
    a vote
    of
    ~O.
    ~
    Dorothy M. ~n,
    Clerk
    Illinois Pc(~4utionControl Board

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