ILLINOIS POLLUTION CONTROL BOARD
December 16,
1994
THE AMOCO OIL
COMPANY
AND
)
THE CITY OF WOOD RIVER
)
)
Petitioners,
v.
)
PCB 94—384
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by M. McFawn):
Pursuant to Section 35(b) of the Environmental Protection
Act
(Act)
(415 ILCS 5/35 (b)),
the Amoco Oil Company and the City
of Wood River (co-petitioners) have requested that the Illinois
Environmental Protection Agency (Agency) recommend that the Board
grant a provisional variance to allow co—petitioners to continue
operating during a period of wastewater treatment plant
modifications.
Such request for a provisional variance and the
Notification of Recommendation was filed with the Board by the
Agency on Thursday, December 15,
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 Act (415 ILCS 5/35(b)), the
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 from the biochemical oxygen
demand
(CBOD5) and suspended solids
(TSS)
effluent requirements,
and oil and grease, phenol, and fecal coliform limits as set
forth in
35 Ill.
Adin.
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 January or February 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
2
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.
(~g415 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.
Adiu.
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 January or February 1995 when the
dewatering of the aeration tank and diversion of wastewater
to the Amoco Storage Lagoon begins, and shall continue for
no longer than 30 days.
2.
The co-petitioners shall notify Chris Port at the
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 Karen 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
3
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/i
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.
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED.
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board, do hereby cert~,fythat the above order was adopted on the
/~t~
day of ___________________________,
1994,
by a vote of
_____.
Dorothy N. ,~unn,Clerk
Illinois P~llutionControl Board