ILLINOIS POLLUTION CONTROL BOARD

July 1, 1993

DEKALE SANITARY DISTRICT,

)

Petitioner,

v.

)

PCB 93—127

)

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by C. A. Manning):

This matter comes before the Board on receipt of an Agency

Recommendation dated July 1, 1993

.

The recommendation refers to

a request from Petitioner, DeKalb Sanitary District, for a

provisional variance for its DeKaib 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), for the period from when the

Petitioner begins repair work on the existing clearwell piping,

by removing its sand filter from service, and continuing until

the Petitioner 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.

The responsibilities of the Agency and the Board in these

short—term provisional variances are different from the

responsibilities in standard variances. See 415 ILCS 5/35 (b) &

(c) (1992)

(Ill.

Rev. Stat. 1991, ch. 111½, pars. 1035(b) & (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.

---

2

Having received the Agency recommendation finding that a

denial of the requested relief would impose au arbitrary or

unreasonable hardship, the Board hereby grantL~ 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

when the petitioner, DeKalb Sanitary District, removes the

sand filter from service, and it shall expire on the date

the petitioner completes the work on the clearwell unit, or

after 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 12 mg/l CBOD5 or 25 mg/l TSS (each

on a monthly average);

3. The petitioner shall notify Gene Forster of the

Agency’s Rockford Regional office by telephone, at 815/987-

7755, when it removes its sand filter unit from service and

when it returns the unit 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: Mark T. Books

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. 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:

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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—127, July 1, 1993.

Petitioner

Authorized Agent

Title

Date

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, do hereby certify that the

e order was adopted by the

Board on the /~24~day of ____________________________, 1993,

by a vote of 7’-c

.

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/

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~1$orothyN. Gt?~ Clerk’

Illinois PolX,jltion Control Board