ILLINOIS POLLUTION CONTROL
    BOARD
    April 23,
    1992
    CITY
    OF
    WOOD
    RIVER,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—57
    )
    (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 Wood River,
    for a provisional
    variance
    for
    its
    Madison
    County
    facility
    from the
    biochemical
    oxygen
    demand
    (CBOL5)
    and
    suspended
    solids
    (TSS)
    effluent
    requirements,
    as
    set
    forth
    in
    35
    Ill.
    Adin.
    Code
    304.141(a),
    304.120(b), and 304.121(a), for the period from when the Petitioner
    begins
    removing
    its
    secondary clarifier unit
    from service,
    and
    continuing until 14 days after 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 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
    133—163

    2
    provisional variance from 35 Ill. Adm. Code 304.141(a), 304.120(b)
    and 304.121(a)
    on the following conditions:
    1.
    The term of this provisional variance shall commence when
    the Petitioner, City of Wood River, removes its secondary clarifier
    from
    service,
    and
    it
    shall
    expire on
    the
    date
    the Petitioner
    returns
    that
    unit to
    service,
    or
    after
    45
    days have
    elapsed,
    whichever comes first;
    2.
    Petitioner shall coordinate the initiation of the repair
    work and removal of the secondary clarifier from service at a time
    when the surge ponds are empty.
    3.
    For two weeks after, the effluent from the Petitioner’s
    treatment plant shall not exceed concentrations of 50 mg/i CBOD5 or
    50 mg/l TSS
    (each on a monthly average basis);
    4.
    The Petitioner shall notify Chris Port of the Agency’s
    Collinsville Regional office by telephone, at 618/346-5120, when it
    removes
    its
    secondary
    clarifer 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:
    Barbara Conner
    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.
    During the variance period when the secondary clarifier
    is removed from service,
    Petitioner’s treatment plant
    shall not
    receive flows from Amoco Oil Company (this flow is to be held in
    the Amoco Surge Ponds)
    7.
    During the variance period,
    if heavy rains would occur
    resulting
    in
    the
    need
    to
    discharge
    municipal primary
    treated
    wastewater, Petitioner shall discharge the best effluent possible.
    8.
    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—16~

    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—57, April
    23,
    1992.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,, do hereby cer~,ifythat the above order was adopted on the
    ~
    day of ___________________________,
    1992, by a vote of
    7-
    ~.
    /~
    Dorothy M. (G~nn,Clerk
    Illinois Pollution Control Board
    13 3—165

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