ILLINOIS POLLUTION CONTROL BOARD
    February 6, 1992
    GENERAL TIRE,
    )
    MT. VERNON PLANT,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—21
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    0
    )
    Respondent.
    ORDER OF THE BOARD (by JC. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated February 5, 1992. The recommendation refers
    to a request from Petitioner, General Tire, Mt. Vernon Plant, for
    a provisional variance for its Jefferson County facility from the
    suspended solids (TSS) effluent requirements for its storinwater
    discharge from Outfall OO1C, as set forth in 35 Ill. Adm. Code
    304.120(c) and 304.141(a), for the period from the date of the
    variance request, i.e., January 29, 1992, through two weeks after
    the date upon which the ongoing construction project at its plant
    is completed, 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.
    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
    130—99
    2
    provisional variance from 35 Ill. Adm. Code 304.120(c) and
    304.141(a), as these provisions relate to stormwater discharges
    from Petitioner’s Outfall OO1C, on the following conditions:
    1. The term of this provisional variance shall commence on
    the date of the variance request, i.e., January 29, 1992,
    through two weeks after the date upon which the ongoing
    construction project at its plant is completed, but not for
    longer than 45 days;
    2.
    0
    The Petitioner shall notify Byron Marks of the Agency’s
    Marion Regional office by telephone, at 618-997-4392, when
    the construction is completed at its plant, 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
    Sp~ingfie1d, Illinois 62794—9276
    Attention: Mark T. Books
    3. The Petitioner shall sweep the parking area once per
    week, the Petitioner shall lay down straw within the general
    construction areas, and the Petitioner shall provide the
    best control possible for dirt and mud at the construction
    site so as to minimize the amount of total suspended solids
    discharged during the term of this provisional variance; and
    4. 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:
    130—100
    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—21, February 6, 1992.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board do hereby cer~t4fythat the above Order was adopted on the
    ~ZZ~ day of ____________________________, 1992, by a vote of
    /
    Clerk
    Etion Control Board
    130—10 1

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