ILLINOIS POLLUTION CONTROL BOARD
    September 15,
    1994
    CITIZENS UTILITIES COMPANY
    )
    OF ILLINOIS,
    Petitioner,
    v.
    )
    PCB 94—252
    )
    (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)), Citizens Utilities Company of
    Illinois has requested that the Illinois Environmental Protection
    Agency
    (Agency) recommend that the Board grant a provisional
    variance to allow Citizens Utilities Company of Illinois 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 Citizens Utilities Company
    of Illinois in order to allow it to construct water main
    extensions.
    Specifically, the Agency recommends that we grant Citizens
    Utilities Company of Illinois a
    (forty—five) 45-day provisional
    variance for its DuPage 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 water storage capacity of the within Liberty Ridge
    Estates public water supply. 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
    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 petitioner a
    provisional variance from 35 Ill.
    Adin. 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 the 22,000 gallon hydropneumatic storage tank is
    installed and operational, the Agency will issue construct—
    only permits for the extension of water mains to
    petitioner’s facility.
    3.
    The petitioner shall, upon completion of the 22,000
    gallon hydropneuiuatic storage tank, notify in writing
    Leonard Lindstrom,
    P.E., Regional Manager, of the Agency’s
    Elgin Regional office,
    595 S.
    State, Elgin Illinois 60123
    within five
    (5)
    days.
    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 94-252, 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 certify that the above order was adopted on the
    /o~
    day of ___________________________,
    1994, by a vote of
    Control Board

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