ILLINOIS POLLUTION CONTROL BOARD
    October 6, 1994
    THE UNO-VEN
    COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 94—286
    )
    (Provisional Variance)
    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)), UNO-VEN Company (“UNO-VEN”) has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow UNO-VEN to continue operating during a period of total
    refinery startup. Such request for a provisional variance and
    the Notification of Recommendation was filed with the Board by
    the Agency on Wednesday, October 6, 1994. 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 UNO—VEN in order to
    allow it to continue operating during a period of total refinery
    startup.
    Specifically, the Agency recommends that we grant the UNO—
    VEN a (forty—five) 45-day provisional variance for its Will
    County facility from the cyanide limitation requirements, as set
    forth in 35 Ill.
    Adlu.
    Code 304.141(a), which shall begin on
    September 27, 1994 and shall continue for a period not longer
    than 45 days or when compliance with the cyanide limit is
    maintained, whichever occurs first.
    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.
    2
    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 35 Ill. Adm. Code 304.141(a), on the
    following conditions:
    1. The term of this provisional variance shall commence on
    September 27, 1994 and it shall expire on the date the
    petitioner completes the required maintenance work, or after
    forty—five (45) days have elapsed, whichever comes first;
    2. During the term of this provisional variance, the
    petitioner’s cyanide effluent shall be limited to 0.20 mg/l
    (monthly average concentration) from Outfall 001 during the
    period of the variance;
    3. The petitioner shall notify Basil Papadakis of the
    Agency’s Maywood Regional office by telephone, at (708)338-
    7900, should any unusual conditions arise. The petitioner
    shall confirm each notice in writing within five (5) days,
    addressed as follows:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794—9276
    Attention: Dan Ray
    4. The petitioner shall operate its refinery in such a
    manner as to treat cyanide in the best practical manner to
    assure the lowest amount of cyanide to enter the receiving
    water;
    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 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:
    3
    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 94-286, October 6, 1994.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board do hereby certify ayhe above order was adopted on the
    _______
    day of
    -
    ,
    1994, by a vote of
    Control Board

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