ILLINOIS POLLUTION CONTROL BOARD
    June 26,
    1992
    CITY OF MARION,
    Petitioner,
    v.
    PCB 92—97
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated June 24,
    1992.
    The recommendation refers to
    a request from Petitioner,
    City of Marion,
    for a provisional
    variance for its Williamson 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),
    from
    35 Ill. Adm. Code 304.141(a),
    and from 304.105 as it relates to
    ammonia nitrogen,
    as set forth in 302.212, for the period from
    when the Petitioner begins repairing the air diffusers within
    their aeration tanks,
    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 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.
    ~
    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.
    134—40 1
    2
    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 ~5 Ill. Adm. Code 304.120(c),
    304.141(a), and from 304.105 as it relates to ammonia nitrogen,
    as set forth in 302.212 on the following conditions:
    1.
    The term of this provisional variance shall commence
    when the Petitioner,
    City of Marion, removes its air
    diffusers within their aeration tanks, and it shall expire
    fourteen
    (14) days after the date the Petitioner returns
    Basin No.
    I to service, 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
    15 mg/i NH3 (daily maximum
    concentration or.25 mg/l CBOD5 or 30 mg/l TSS
    (eaôh on a
    monthly average concentration limits);
    3.
    The Petitioner shall notify Dwight Hill of the Agency’s
    Marion Regional office by telephone,
    at 618/997-4392, when
    it removes Basin No.
    I 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
    4.
    The Petitioner shall perform the necessary maintenance
    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
    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—4 02
    3
    CERTIFICATION
    I
    (We),
    ,
    nereby accept
    and agree to be bound by all terms and conditions of the Order of
    the Pollution Control Board in PCB 92—97, June 26,
    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
    4~~C)
    .
    Dorothy M. G~n, Clerk
    Illinois Pollution Control Board
    134—403

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