ILLINOIS POLLUTION CONTROL
    BOARD
    March
    25,
    1993
    KERR—MCGEE COAL CORPORATION,
    )
    )
    Petitioner,
    v.
    )
    PCB 93—62
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated March 24,
    1993.
    The recommendation refers
    to a request from Petitioner, Kerr—McGee Coal Corporation,
    for a
    provisional variance for its Saline County facility from the
    biochemical oxygen demand
    (CBOD5), and suspended solids
    (TSS)
    effluent requirements, as set forth in 35 Iii. Adm. Code 304.141
    and 304.120, for the period from when the Petitioner begins to
    take its packaged treatment plant out of service in order to
    repair the mechanical sludge rake and to complete rehabilitation
    work on the plant 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.
    ~
    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.
    Having received the Agency recommendation finding that a
    UI ~~Q-O263
    2
    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 302.141 and 302.120,
    on the following conditions:
    1.
    The term of this provisional variance shall commence
    when the Petitioner, Kerr—McGee Coal Corporation,
    initiates
    the removal of its package domestic wastewater treatment
    plant from service, and it shall expire four days after the
    plant is put back into service, or after 45 days have
    elapsed, whichever comes first;
    2.
    During the term of this provisional variance,
    Petitioner shall monitor for chemical oxygen demand from
    outfall 002 daily when discharging.
    Petitioner shall also
    continue to monitor for and be in compliance with the other
    parameters as described in its NPDES permit
    (IL006l727);
    3.
    The Petitioner shall notify Bill Ryans of the Agency’s
    Marion Regional office by telephone,
    at 618/997-4392, when
    it removes its package treatment plant from service and when
    it returns the plant 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.
    During this provisional variance, as proposed by
    Petitioner, Petitioner shall pump the waste from the package
    treatment plant directly into the sedimentation basin.
    Petitioner shall also perform the necessary repair work as
    expeditiously as possible to minimize the period of time the
    package treatment plant needs to be out of service.
    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 ~O-O26t~
    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—62, March 25,
    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
    ~
    day of _________________________,
    1993,
    byavoteof
    ~l,
    ~
    Dorothy N. Gu~, Clerk’
    Illinois Po1i~ion Control Board
    U
    I ~U-U265

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