ILLINOIS POLLUTION CONTROL BOARD
    March 17,
    1994
    CENTRAL
    ILLINOIS PUBLIC
    )
    SERVICE COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—91
    )
    (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)), the Illinois Environmental
    Protection Agency (Agency), by and through its Director, Mary A.
    Gade,
    seeks a provisional variance for Central Illinois Public
    Service Company in order to allow it to use chlorine dioxide to
    destroy the present infestation of zebra mussels within the
    intake pipelines for its power plant.
    The Agency Recommendation
    was filed March 16,
    1994.
    Specifically, the Agency recommends that we grant Central
    Illinois Public Service Company a 45—day provisional variance for
    its Morgan County facility from the regulatory prohibition
    against violation of a water quality standard, as set forth in 35
    Ill.
    Adin.
    Code 304.141(b) and 302.208(d), for the period of
    forty—five
    (45)—days or until the Petitioner’s modified permit is
    issued in its final form, whichever occurs first.
    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.
    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 responsibili-
    ties in standard variances.
    ~g
    415 ILCS 5/35(b)
    & 36(c)
    (1992)
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111½, pars.
    1035(b)
    &
    (c)).
    In
    provisional variances it is the responsibility of the Agency to
    2
    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 Petitioner a
    provisional variance from 35 Ill.
    Adm. Code 304.141(b)
    and
    302.208(d)
    on the following conditions:
    1.
    The term of this provisional variance shall commence
    when the Petitioner, Central Illinois Public Service
    Company, initiates its zebra mussel eradication procedures
    and it shall continue for a period of forty—five (45)-days
    or until the Petitioner’s modified permit is issued in its
    final
    form,
    whichever comes first;
    2.
    The Petitioner shall notify John Wells of the Agency’s
    Springfield Regional office by telephone, at 217/786-6892,
    when it initiates its zebra mussel eradication procedure and
    when the procedure is completed, and the Petitioner shall
    confirm this notice in writing within five 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
    3.
    The Petitioner shall meet a daily maximum limit of 0.05
    mg/i for total residual chlorine.
    In addition, Petitioner
    shall also meet the other effluent limits set forth in its
    NPDES permit.
    4.
    The Petitioner shall monitor its effluent for total
    residual chorine on a continuous basis as proposed in its
    variance request during the zebra mussel eradication
    procedure.
    5.
    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 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—91, March 17,
    1993.
    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 by the
    Board on the
    / 2~i-
    day of ______________________________,
    1994,
    byavoteof
    ~
    ~
    Dorothy M.,~tinn,Clerk
    Illinois P~,XlutionControl Board

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