ILLINOIS POLLUTION CONTROL BOARD
    June
    4, 1992
    LTV
    STEEL
    COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—85
    )
    (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 June 3, 1992.
    The recommendation refers to
    a request from Petitioner,
    LTV
    Steel Company,
    for a provisional
    variance for its Putnam County facility from 35
    Ill.
    Adni.
    Code
    304.141 to allow the chlorination of its River Pumping Station
    intake water for the control of Zebra mussels,
    for the period
    from when the Petitioner begins its control program for zebra
    mussels, by treating the intake water with chlorine, and
    continuing for 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 and 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 Ill. Rev. Stat.
    1989,
    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
    denial of the requested relief would impose an arbitrary and
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Iii. Adm. Code 304.141, on the
    134—10
    1
    2
    following conditions:
    1.
    The term of this provisional variance shall commence
    when the Petitioner, LTV Steel Company,
    initiates their
    chlorine treatment control for zebra mussels and continue
    until 45 days have elapsed;
    2.
    During the term of this provisional variance, the
    Petitioner’s shall monitor for chlorine residual on a twice—
    daily basis for the first five days of the control program,
    and the total residual chlorine concentration shall not
    exceed 0.05 mg/i during the term of this provisional
    variance;
    3.
    The Petitioner shall notify Jack Adam of the Agency’s
    Rockford Regional office by telephone, at 815/987-7760, when
    you begin treatment for zebra mussel control, 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:
    Gordon McCall
    4.
    The Petitioner shall use dechlorination chemical(s)
    at
    a rate sufficient to provide complete dechlorination, excess
    application should be avoided to the extent practicable,
    arid
    the dechlorination systems shall be interlocked or otherwise
    controlled to operate whenever chlorination is occurring;
    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:
    134—102
    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 92-85, June 4,
    1992.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Bo r
    ,
    do hereby ce
    •fy that the above order was adopted on the
    -
    day of
    _____________________,
    1992, by a vote of
    ~7C
    Ii
    Control Board
    134—103

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