ILLINOIS POLLUTION CONTROL BOARD
    August 24,
    1995
    CITY OF GREENFIELD,
    )
    Petitioner,
    v.
    )
    PCB 96-44
    )
    (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 City of Greenfield has
    requested that the Illinois Environmental Protection Agency
    (Agency)
    recoimnend that the Board grant a provisional variance to
    allow the City of Greenfield to continue operating 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
    Wednesday, August 23,
    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, Nary A. Gade,
    seeks a provisional variance for the City
    of Greenfield in order to allow it to continue operating during a
    period of repairs to cell #1 of its wastewater treatment facility
    lagoon.
    Specifically, the Agency recommends that we grant the City
    of Greenfield a (forty-five)
    45 day provisional variance for its
    facility located in Greene 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(a)
    and 304.141(a),
    for the period beginning when the City
    of Greenfield begins partial dewatering of cell #1 and continue
    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
    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.
    ~
    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
    Greenfield a provisional variance from 35 Ill.
    Adin.
    Code
    304.120(a)
    and 304.141(a), on the following conditions:
    1.
    The variance shall commence on the date when the City
    of Greenfield begins partial dewatering of cell #1 and
    continue for a period not longer than forty-five (45)-days
    or until cell #1 of their lagoon
    is returned to service,
    which ever occurs first;
    2.
    The petitioner shall notify John Wells of the Agency’s
    Springfield Regional office by telephone, at 217/786-6892,
    when it begins partial dewatering of cell #1 and when it
    returns the cell 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
    Greenfield shall meet monthly concentration average effluent
    limits of 55 milligrams per liter for both CBOD5 and TSS.
    Monitoring for those parameters shall be conducted twice per
    week;
    4.
    During this provisional variance, the City of
    Greenfield shall operate its wastewater treatment facility
    so as to produce the best effluent practicable.
    Additionally,
    the City of Greenfield shall perform the
    necessary repairs as expeditiously as possible so as to
    3
    minimize the period of time that cell #1 of the lagoon is
    out of service.
    The City of Greenfield 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—44, August 24,
    1995.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    do hereby ce~ifythat the above order was adopted on the
    ~
    day of
    ~4-~
    (~57
    ,
    1995,
    by a vote of
    ~
    Dorothy N~3unn, Clerk
    Illinois P~bllutionControl Board

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