ILLINOIS POLLUTION CONTROL BOARD
    December 16,
    1994
    THE ALUM~XMILL
    PRODUCTS INC.,
    Petitioner,
    v.
    )
    PCB 94—383
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by H. NcFawn):
    Pursuant to Section 35(b)
    of the Environmental Protection
    Act
    (Act)
    (415 ILCS 5/35(b)),
    Aluntax Mill Products,
    Inc.
    (Alumax)
    has requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Alumax to discharge waste water into an existing sanitary
    lagoon.
    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 Alumax in order to allow Aluinax to
    discharge waste water into an existing sanitary lagoon while
    Alumax prepares an application and obtains an operating permit
    for the facility.
    Specifically, the Agency recommends that we grant Aluinax a
    forty-five (45)—day provisional variance for its facility located
    in Norris, Grundy County, Illinois from the requirement to
    operate with a permit, as set forth in 35 Iii.
    Adm. Code
    309.204(a), for the period beginning December 15,
    1994 and
    continuing for not for longer than 45 days.
    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
    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.
    2
    Provisional variances are by their very nature temporary.
    The responsibilities of the Agency and the Board in these short-
    term provisional variances are different front 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 petitioner a
    provisional variance from 35 Ill. Adm. Code 309.204(a), on the
    following conditions:
    1.
    The term of this provisional variance shall commence on
    December 15,
    1994 and continuing for a period not longer
    than 45 days;
    2.
    The petitioner shall immediately apply for the
    necessary operating permit from the Agency.
    The petitioner shall execute a copy of a Certificate of
    Acceptance of this provisional variance and forward that copy to
    the Agency addressed as indicated;
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    Illinois
    62794—9276
    Attention:
    Mark T. Books
    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 94-383, December 16,
    1994.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy H.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    do hereby certify that the above order was adopted on the
    /&~
    day of __________________________,
    1994,
    by a vote of
    A.
    Dorothy M.jtunn, Clerk
    Illinois ~bllution Control Board

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