ILLINOIS POLLUTION CONTROL BOARD
    February 16,
    1995
    VILLAGE OF SAUGET,
    )
    )
    Petitioner,
    v.
    )
    PCB 95—55
    (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 Sauget has requested
    that the Illinois Environmental Protection Agency (Agency)
    recommend that the Board grant a provisional variance to allow
    the Village of Sauget to continue operating during a period of
    wastewater treatment plant modification.
    The Village of Sauget
    requires a provisional variance to upgrade its metering
    capabilities in order to better monitor influent flows to its
    waste treatment facility.
    Such request for a provisional
    variance and the Notification of Recommendation were filed with
    the Board by the Agency on Wednesday, February 15,
    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 Illinois Environmental
    Protection Agency (Agency), by and through its Director, Mary A.
    Gade,
    seeks a provisional variance for the Sauget in order to
    allow it to continue operating during a period of wastewater
    treatment plant modification.
    Specifically, the Agency recommends that we grant the
    Village of Sauget a
    (forty—five)
    45 day provisional variance for
    its Saint Clair County facility from the requirements pertaining
    to overflows and bypasses as set forth in 35 Ill.
    Adiu. Code
    306.305,
    for the period from when the petitioner begins the
    installation of the flow meters by the shutdown of either the
    East St. Louis or Cahokia Pumping Station and continuing for a
    period not longer than 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
    2
    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 Village of
    Sauget a provisional variance from 35
    Ill. Adm. Code 306.305, on
    the following conditions:
    1.
    The variance shall commence upon the date in February
    or March,
    1995 of the initial shutdown of either the East
    St. Louis or Cahokia Pumping Station and continue for a
    period of not more than forty-five;
    2.
    The Village of Sauget shall notify Nick Mahlandt of the
    Agency’s Collinsville Regional office by telephone, at
    (618)346-5120, when the initial shutdown of either the East
    St. Louis or Cahokia Pumping Station commences and when the
    installation of the flow meters is complete. The Village of
    Sauget 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:
    Barbara Conner
    3.
    During this provisional variance, the Village of Sauget
    shall perform the installation of the flow meters as
    expeditiously as possible to avoid bypassing to the waters
    of the State.
    4.
    Should such bypass become unavoidable during the
    variance period, the bypasses shall be sampled daily,
    for
    the same parameters required by NPDES Permit No. 110065145
    at Outfall 002 and reported to the Agency.
    3
    The Village of Sauget 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:
    CERTIFlCATION
    I
    (We),
    hereby accept and agree to be bound by all terms
    and conditions of the order of the Pollution
    Control Board in PCB 95-55,
    February 16,
    1995.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bo~rd~dohereby cert~4.fythat the above order was adopted on the
    /~‘~day of _________________________,
    1995,
    by a vote of
    ‘—C
    .
    r
    Dorothy M. G9~n
    Illinois Po~/u~
    Control Board

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