ILLINOIS POLLUTION CONTROL BOARD
    September 15,
    1994
    CITY OF WATERLOO,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—251
    )
    (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)), City of Waterloo has requested that
    the Illinois Environmental Protection Agency
    (Agency) recommend
    that the Board grant a provisional variance to allow City of
    Waterloo to obtain water main construction permits from the
    Agency during a period of Restricted Status. Such request for a
    provisional variance and the Notification of Recommendation was
    filed with the Board by the Agency on Wednesday, September 14,
    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 City of Waterloo in order
    to allow it to construct water main extensions.
    Specifically, the Agency recommends that we grant City of
    Waterloo a
    (forty-five)
    45-day provisional variance for its
    Monroe County facility from Standards of Issuance and Restricted
    Status requirements as set forth in 35 Ill.
    Adm. Code 602.105(b)
    and 602.106(a),
    but only as the rules relate to the water
    capacity drawn on the Waterloo treatment plant. The Agency
    request that this provisional variance shall commence on the date
    of the Board Order granting it and continue 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
    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 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 petitioner a
    provisional variance from 35 Ill. Adm. Code 602.105(b)
    and
    602.106(a), on the following conditions:
    1.
    The term of this provisional variance shall commence on
    September 15,
    1994 and continue for a period not longer than
    45 days.;
    2.
    Until full compliance is reached, the Agency will issue
    construct—only permits for the extension of water mains to
    petitioner’s facility.
    3.
    Until full compliance is reached, the petitioner shall
    take all reasonable measures with existing equipment to
    minimize the water usage during excessively hot weather and
    high usage times.
    Petitioner shall execute a copy of a Certificate of
    Acceptance of this provisional variance and forward that copy
    within ten
    (10) days of the date of this order of the Board to
    the Agency:
    Stephen C.
    Ewart
    Illinois Environmental Protection Agency
    Division of Legal Counsel
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois
    62794—9276
    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 94-251, September 15,
    1994.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certif
    that the above order was adopted on the
    /~5CZ
    day of ___________________________,
    1994,
    by a vote of
    c~,
    ~/,
    ~
    /2L.
    ~
    Dorothy N. GU~I,Clerk
    Illinois Poll4Ation Control Board

    Back to top