ILLINOIS POLLUTION CONTROL BOARD
    April 23,
    1992
    CITY OF LINCOLN,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—58
    )
    (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 April 22, 1992
    .
    The recommendation refers to
    a
    request
    from Petitioner,
    City
    of
    Lincoln,
    for
    a
    provisional
    variance
    for
    its
    Logan
    County
    facility
    from the water
    quality
    standards as they relate to ammonia nitrogen
    (NH~), biochemical
    oxygen demand (CBOD5), suspended solids
    (TSS) and chlorine residual
    effluent requirements, as set forth in 35 Ill. Adm. Code 304.105,
    302.212,
    304.120(b),
    and 304.141(a)
    for the period from when the
    Petitioner
    begins by
    shutting down
    its
    air blower
    in
    order
    to
    repair the aeration header, 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
    arty
    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 variancesit 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
    133—167
    2
    unreasonable
    hardship,
    the
    Board
    hereby
    grants
    Petitioner
    a
    provisional
    variance
    from
    35
    Iii.
    Adin.
    Code
    304.105,
    302.212,
    304.120(b), and 304.141(a), on the following conditions:
    1.
    The term of this provisional variance shall commence when
    the Petitioner,
    City of Lincoln,
    initiates shutting down its air
    blower in order to repair the aeration header, and it shall expire
    on the date the Petitioner completes the required maintenance work,
    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
    50 mg/i NH3
    (daily maximum concentration or
    50
    mg/i CBOD5 or 15 mg/l TSS or 1.5 mg/i chlorine residual (each on a
    monthly average basis);
    3.
    During the variance period, Petitioner shall continue to
    meet their
    other monthly effluent limits as described
    in their
    NPDES Permit IL0029564.
    4.
    The Petitioner
    shall
    notify Tim Zook
    of the Agency’s
    Springfield Regional office by telephone, at 217/786—6892 when it
    removes its air blower 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:
    Pat Lindsey
    5.
    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
    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:
    133—168
    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—58, April 23,
    1992.
    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 on the
    ~
    day of ___________________________,
    1992, by a vote of
    ~~1~J2’~
    ~
    Dorothy H. ,G)Inn, Clerk
    Illinois P~VlutionControl Board
    133—169

    Back to top