ILLINOIS POLLUTION CONTROL BOARD
    March
    9,
    1995
    THE AMOCO OIL COMPANY AND
    )
    THE CITY OF WOOD RIVER
    )
    )
    Petitioners,
    )
    v.
    )
    PCB 94—384
    )
    (Provisional Variance—Water)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by M. McFawn):
    On March 8,
    1995, respondent filed a motion to modify the
    Board’s final order of December 16,
    1994.
    The December 16th
    order granted a request for a provisional variance based on the
    NotificatIon of Recommendation filed by the Agency.
    The respondent requests that the Board modify the order by
    revising condition number one
    (1)
    to read March,
    1995.
    The
    request recites that
    “the modification requested is for a new effective
    start date for the provisional variance.
    The start
    date currently written into the variance is between
    January and February 1995.
    Due to a delay in the shop
    performance testing of the new aeration equip~nentby
    the manufacturer,
    the co—petitioners are hereby
    requesting a new effective variance start date of March
    1995.
    The specifications for the project require that
    the aeration equipment pass a shop performance test
    before the City of Wood River and the Engineer, Metcalf
    & Eddy,
    can approve the installation of the equipment
    in the aeration tank.
    The shop performance testing of
    aeration equipment is ongoing and scheduled to be
    completed by March
    15,
    1995.
    Under this new
    construction schedule the aeration tank dewatering and
    wastewater diversion to the Amoco Storage Lagoons could
    begin on March 16 or 17,
    1995 and the installation of
    the aeration equipment could begin on March 20,
    1995....The delay in the construction schedule is
    a
    disappointment but necessary to ensure that the
    manufacturer supplies equipment which meets the project
    specifications.”
    The motion to modify is granted. For the convenience of the
    parties, the modified order is set out in its entirety below:
    Pursuant to Section 35(b)
    of the Environmental Protection
    Act (Act)
    (415 ILCS 5/35(b)), the Illinois Environmental
    2
    Protection Agency (Agency), by and through its Director, Mary A.
    Gade,
    seeks a provisional variance for Co—Petitioners in order to
    allow them to continue operating during a period of wastewater
    treatment plant modifications.
    Specifically, the Agency recommends that we grant Amoco a
    thirty
    (30)-day provisional variance for from the
    biochemical
    oxygen demand
    (CBOD5)
    and suspended solids
    (TSS)
    effluent
    requirements,
    oil and grease,
    phenol, and fecal coliform limits
    as set forth
    in 35 Ill. Adm. Code 305.102(b)
    and 304.141(a)
    as
    they pertain to Outfall No.
    2
    in Amoco’s NPDES permit, commencing
    upon the date in March 1995 when the dewatering of the aeration
    tank and diversion of wastewater to the Amoco Storage Lagoon
    begins, and continuing for no longer than 30 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 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 co—petitioners
    a provisional variance from 35 Ill. Adm. Code 305.102(b)
    and
    304.141(a),
    on the following conditions:
    1.
    The term of this provisional variance shall commence
    upon the date in March 1995 when the dewatering of the
    aeration tank and diversion of wastewater to the Amoco
    Storage Lagoon begins, and continuing for no longer than 30
    days.
    2.
    The co—petitioners shall notify Chris Port at the
    3
    Agency’s Collinsville Regional Office via telephone at
    618/346—5120 when the aeration tank is removed from service
    and when the unit is returned to service. Written
    confirmation of each notification shall be sent within five
    (5) days to the following address;
    Illinois Environmental Protection Agency
    Bureau of Water
    Wastewater Compliance Assurance Section
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield, Illinois
    62794—9276
    Attention:
    Barbara Conner
    3.
    If
    a discharge from the Amoco Oil Storage Lagoon should
    occur,
    the City of Wood River shall notify Iaren
    Tsikteris
    of Illinois American Water Company-Granite City via
    telephone at 618/277—7450 or 618/874—8145,
    immediately.
    4.
    During the term of this provisional variance, the City
    of Wood River shall perform the necessary repair work on the
    aeration tank as expeditiously as possible to avoid
    discharging from the Amoco Storage Lagoon.
    5.
    Should a discharge from the Amoco Storage Lagoon occur
    during the provisional variance period, the following
    parameters shall be sampled daily at the Amoco Oil Outfall
    No.
    002 and reported to the Agency.
    Parameters
    Daily Maximum
    Monthly Average
    CBOD5
    N/A
    100 mg/i
    TSS
    N/A
    50 mg/i
    Oil and Grease
    N/A
    25 mg/i
    Phenols
    4 mg/l
    2.5 mg/i
    In addition to those parameters,
    there shall be no
    applicable limit for fecal coliform and the special once a year
    sampling requirement shall be waived.
    The Co-Petitioners shall execute a copy of a Certificate of
    Acceptance of this provisional variance and forward that copy to
    the Agency at the above address. The Co—Petitioners 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:
    4
    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 94—384, December 16,
    1994 as
    modified, March
    9,
    1995.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Boa~Q,~
    do hereby certify that the above order was adopted on the
    7~’-
    day of ___________________________,
    1995, by a vote of
    ~o.
    Dorothy )~//Gunn, Clerk
    Illinois (pollution Control Board

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