ILLINOIS POLLUTION CONTROL
    BOARD
    October 21, 1993
    CITY OF MONNOUTH,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—194
    )
    (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 the City of Moninouth in
    order to allow it to continue operating during a period of
    wastewater treatment plant tertiary filter repair at the North
    Monmouth plant. The Agency Recommendation was filed October 20,
    1993. This provisional variance is essentially an extension of
    the one issued in PCB 93-155, in an August 26, 1993 order, which
    expires October 8, 1993.
    Specifically, the Agency recommends that we grant the City
    of Monmouth a 14—day provisional variance for its Warren County
    facility from the suspended solids (TSS) effluent requirements,
    as set forth in 35 Ill. Adm. Code 304.120(c) and 35 Ill. Adm.
    Code 304.141(a), for a 14 day period commencing October 9.
    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
    responsibilities in standard variances.
    (~
    415 ILCS 5/35 (b) &
    (C)).
    In provisional variances it is the responsibility of the
    Agency to make the technical determinations and finding of
    arb~itraryor unreasonable hardship. The Board’s responsibility
    is to adopt a formal Order, to assure the formal maintenance of
    2
    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 304.120(c) and 35
    Ill. Adm. Code 304.141(a), subject to the following conditions:
    1. The term of this provisional variance shall commence on
    October 9, 1993 and continue for a period of fourteen (14)
    days (i.e. through October 23, 1993).
    2. During the term of this provisional variance, the
    effluent from the Petitioner’s treatment plant shall not
    exceed concentrations of 40 mg/l TSS on a monthly average;
    3. The Petitioner shall notify Ken Newman of the Agency’s
    Peoria Regional office by telephone, at 309/693—5493, when
    the sand filter units are returned to service, 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: Erin Rednour
    4. The Petitioner shall perform the necessary maintenance
    and modification work as expeditiously as possible and
    operate its plant during the term of this provisional
    variance in a manner that assures the best effluent
    practicable; and
    5. During this provisional variance, Petitioner shall
    continue to monitor, and maintain compliance with the other
    parameters, as addressed in NPDES Permit No. 1L0036218.
    6 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 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 93-194, October 21, 1993.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify~thatthe above order was adopted on the
    ~
    day of __________________________, 1993, by a vote of
    7-a.
    ~1.
    )~t.
    Dorothy M. nn, Clerk
    Illinois P 1, ution Control Board

    Back to top