ILLINOIS POLLUTION CONTROL BOARD
    March 17, 1994
    DANVILLE SANITARY DISTRICT,
    )
    )
    Petitioner,
    V.
    )
    PCB 94-89
    )
    (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)), Danville Sanitary District has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow the Danville Sanitary District to continue operating during
    a period of wastewater treatment plant repairs. Such request for
    a provisional variance and the Notification of Recommendation was
    filed with the Board by the Agency on Wednesday, March 16, 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 Danville Sanitary District
    in order to allow it to continue operating during a period of
    wastewater treatment plant repairs.
    Specifically, the Agency recommends that we grant Danville
    Sanitary District a forty-five (45)-day provisional variance for
    its Vermilion County facility from the biochemical oxygen demand
    (CBOD5) and suspended solids (TSS) effluent requirements, as set
    forth in 35 Ill. Adm. Code 304.120(c) and 304.141(a), ~or the
    period from March 9, 1994 and continuing until the petitionei~
    returns that unit to service, but not for 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. (~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 304.120(c) and
    304.141(a), on the following conditions:
    1. The term of this provisional variance shall commence
    on March 9, 1994 when the petitioner, Danville Sanitary
    District, initiates repairs to its wastewater treatment
    plant, by bypassing its tertiary treatment unit and the
    sludge disposal lines, 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
    effluent from the petitioner’s treatment plant shall not
    exceed concentrations of 30 mg/i CBOD5 and 35 mg/l SS each
    on a monthly average;
    3. The petitioner shall notify Eileen Cronin of the
    Agency’s Champaign Regional office by telephone, at
    (217)333-8361 when it returns the unit to service, and the
    petitioner shall confirm this 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: Mark T. Books
    4. The petitioner shall return its tertiary treatment
    unit and the sludge disposal lines to service as soon as
    possible and operate its plant during the term of this
    provisional variance in a manner that assures the best
    effluent practicable;
    3
    5. 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:
    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 94-89, March 17, 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
    ______
    day of
    ~‘Th~L-L~c.~iLi
    ,
    1994, by a vote of
    ~
    (~U~
    Dorothy M//Gunn, Clerk
    Illinois (~P~llutionControl Board

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