ILLINOIS POLLUTION CONTROL BOARD
    May 18, 1995
    GLENBARD WASTEWATER AUTHORITY,
    )
    Petitioner,
    v.
    PCB 95—148
    (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)), Glenbard Wastewater Authority has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Glenbard Wastewater Authority to continue operating during
    a period of wastewater treatment plant malfunction. Such request
    for a provisional variance and the Notification of Recommendation
    was filed with the Board by the Agency on May 17, 1995. Pursuant
    to Section 35(b) of the Act, the Board must issue the variance
    within two (2) days of this filing.
    Specifically, the Agency recommends that we grant Glenbard
    Wastewater Authority a (forty-five) 45-day provisional variance
    for its DuPage County facility from the seasonal fecal coliform
    effluent requirements, as set forth in 35 Ill. Adm. Code
    304.121(a) and 304.141(a), for the period from May 1, 1995 and
    continuing until the petitioner maintains compliance with the
    fecal coliform limits, but not for longer than 45 days.
    The Agency explains that the Glenbard Wastewater Authority
    recently upgraded its treatment plant, which discharges into the
    East Branch of the DuPage River. As part of the upgrade, the
    Authority installed a UV disinfection system, but is having
    trouble maintaining proper flow for adequate performance. Thus,
    the Authority will be unable to comply with its seasonal fecal
    coliform limit until the situation is corrected. The Agency
    states that the Authority cannot apply chlorine disinfection
    after the UV disinfection, but that it will do so to the best of
    its ability before the UV disinfection until the new system works
    properly. The Authority will also have to periodically have to
    turn the chlorination off to check performance of the UV system.
    This could lead to noncompliance with the effluent standard for
    fecal coliform.
    The Agency recommends that the Board grant the requested
    provisional variance with specified conditions. The Agency
    anticipates that the requested provisional variance would have
    minimal environmental impact on the receiving stream. The Agency
    2
    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. (~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 petitioner a
    provisional variance from the seasonal fecal coliform effluent
    limits of 35 Ill. Adm. Code 304.121(a) and 304.141(a), on the
    following conditions:
    1. The term of this provisional variance shall commence on
    May 1, 1995 and expire when the Glenbard Wastewater
    Authority maintains compliance with the fecal coliform
    limit, or after forty—five (45) days have elapsed, whichever
    comes first;
    2. The petitioner shall notify Ms. Maureen Brehmer of the
    Agency by telephone, when adjustments are completed, and the
    petitioner shall confirm this notice in writing, addressed
    as follows:
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794—9276
    Attention: Dan Ray
    3. The petitioner shall operate its plant during the term
    of this provisional variance in a manner that assures the
    best effluent possible; and
    4. The petitioner 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
    3
    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 95-148, May 18, 1995.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Boar
    ,
    do hereby certify that the above order was adopted on the
    ______
    day of ___________________________, 1995, by a vote of
    Dorothy M. Gu~, Clerk
    Illinois Poli~tionControl Board

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