ILLINOIS POLLUTION CONTROL BOARD
    April 23, 1992
    CITY OF CHARLESTON,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—59
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by 3.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 Charleston, for a provisional
    variance for its Coles County facility from the, biochemical oxygen
    demand (CBOD5), and suspended solids (TSS) effluent requirements,
    as set forth in 35 Ill. Adm. Code 304.120(c) and 304.141(a) when
    the Petitioner begins its siphon discharge from its stormwater
    lagoons, and continuing 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 notific~ation 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 304.120(c) and
    304.141(a), on the following conditions:
    133—17 1
    2
    1. The term of this provisional variance shall commence when
    the Petitioner, City of Charleston, initiates its siphon discharge
    from its stormwater lagoons, and continue until after 45 days have
    elapsed;
    2. During the term of this provisional variance, the
    effluent from the Petitioner’s treatment plant shall not exceed
    concentrations of 20 mg/l CBOD5 or 24 mg/i TSS (each on a monthly
    average concentration basis);
    3. During this provisional variance, Petitioner shall
    monitor the effluent for the parameters as listed in their NPDES
    permit IL002l644 from the point of where the lagoon discharge and
    plant effluent converge and mix prior to discharge.
    4. The Petitioner shall operate its plant during the term of
    this provisional variance in a manner that assures the best
    effluent practicable and shall provide complete treatment for all
    flows as soon as possible; 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 below:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794—9276
    Attention: Patricia Lindsey
    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—17 2
    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 92-59, April 23, 1992
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    B~ardf do hereby certify ~h~atthe above order was adopted on the
    ~‘Z~~
    day of __________________________, 1992, by a vote of
    7—e~ •
    /~
    ~
    Dorothy M. 4(inn, Clerk
    Illinois Po)~lutionControl Board
    133—17 3

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