ILLINOIS POLLUTION CONTROL BOARD
    Nay 5,
    1993
    VULCAN MATERIAL COMPANY
    JOLIET
    QUARRY
    #340,
    )
    Petitioner,
    v.
    )
    PCB 93—82
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by ~3.Anderson):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated May 4,
    1993.
    The recommendation refers to
    a
    request from Petitioner, Vulcan Materials Company Joliet Quarry
    #340, for a provisional variance for its Will County facility
    from the total dissolved solids
    (TDS)
    and sulfate
    (SO4)
    requirements, as set forth in 35 Ill.
    Adm. Code 302.208(e)
    and 35
    Ill.
    Adm. Code 304.141,
    for the period from when the Petitioner
    begins discharging from Outfall #001 during April or May and
    continue for 45 days or
    until the Petitioner stops discharging,
    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.
    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)
    (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.
    01
    i~2-UO55
    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 302.208(e)
    and 35
    Ill. Adm.
    Code 304.141, on the following conditions:
    1.
    The term of this provisional variance shall commence
    when the Petitioner, Vulcan Materials Company Joliet Quarry
    #340,
    initiates the discharging from Outfall #001 and
    continue until Petitioner stops discharging, or after 45
    days have elapsed, whichever comes first;
    2.
    During the term of this provisional variance,
    as
    Petitioner has proposed, daily monitoring of the stream flow
    shall be conducted to ensure that the dilution ratio will
    not be less than 7 to
    1.
    Petitioner shall also conduct
    daily sampling and analyses of the pumped discharge,
    as well
    as the water quality upstream and downstream of the
    discharge point daily for the following parameters: pH,
    total suspended solids, total dissolved solids,
    total
    sulfate and arsenic;
    3.
    The Petitioner shall notify Basil Papadakis of the
    Agency’s Marion Regional office by telephone,
    at 618/997-
    4392, when discharging from the quarry begins and again when
    the discharging is completed and the Petitioner shall
    confirm each notification 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 also ensure compliance with pH and
    total suspended solids as described in its NPDES permit
    (1L0002313); 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:
    01
    Lt,2-UO56~.
    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—82, May 5,
    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 above order was adopted by the
    Board on the
    ~
    day of ____________________________,
    1993,
    byavoteof
    _______.
    ~
    ~.
    Dorothy M.
    9’~nn, Clerk
    Illinois Pa~/LutionControl Board
    0 ILt2-0057

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