ILLINOIS POLLUTION CONTROL BOARD
    April 6, 2000
    CITY OF ROCK ISLAND,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-170
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On April 5, 2000, the Illinois Environmental Protection Agency (Agency) filed a request
    for a provisional variance and notification of recommendation. The Agency recommends that
    the Board grant a 45-day provisional variance to the City of Rock Island for its main
    wastewater treatment plant. The provisional variance would allow this Rock Island County
    petitioner to install an additional final clarifier and to perform various piping modifications. In
    making its recommendation, the Agency states that failure to grant the requested provisional
    variance for
    45
    days will result in an arbitrary or unreasonable hardship on the petitioner.
    The Board grants the petitioner a provisional variance from the five-day biochemical
    oxygen demand (BOD) and total suspended solids (TSS) limits set forth in 35 Ill. Adm. Code
    304.120 and 304.141(a) and National Pollutant Discharge Elimination System (NPDES) Permit
    No. IL0030783. The Board is required, in a provisional variance, to adopt a formal order,
    assure formal maintenance of the record, assure the enforceability of the variance, and provide
    notification of the action by press release. Pursuant to Section 35(b) of the Environmental
    Protection Act (Act) (415 ILCS 5/35(b) (1998)), the Board must issue the provisional variance
    within two days of the filing.
    The provisional variance is granted, subject to the following conditions:
    1.
    The variance shall begin on the date when petitioner takes the first aeration basin
    out of service and shall continue for 45 days or until the basin is returned to
    service, whichever occurs first.
    2.
    During the variance period, petitioner’s TSS shall be limited to 45
    milligrams/liter (mg/l) as a monthly average concentration and BOD shall be
    limited to 35 mg/l as a 30-day monthly average concentration. Petitioner shall
    continue to meet all other limits imposed by its NPDES Permit No. IL0030783.
    2
    3.
    Petitioner shall notify James E. Kammueller of the Agency by telephone at
    309/693-5463 when the aeration basin has been taken out of service and again
    when it has been returned to service. Written confirmation of each notice shall
    be sent within five days to the following address:
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section
    Attention: Erin Rednour
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    Petitioner shall sign a certificate of acceptance of this provisional variance and
    forward that certificate to Erin Rednour at the address indicated above within ten
    days of the date of this order. The certification should take the following form:
    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 00-170 dated April 6, 2000.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    5.
    Petitioner shall operate the wastewater treatment facility in such a manner so as
    to produce the best effluent practicable. This shall include, but not be limited to,
    providing that all four aerators in Tank 2 will be operational prior to removing
    Tank 1 from service. Additionally, petitioner shall perform the scheduled
    construction as expeditiously as possible to minimize the time period that the
    aerators are out of service.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 6th day of April 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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