ILLINOIS POLLUTION CONTROL BOARD
    May 21, 1992
    VILLAGE OF WATAGA,
    )
    Petitioner,
    V.
    )
    PCB 92-77
    (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 May 20, 1992
    .
    The recommendation refers to
    a request from Petitioner, Village of Wataga, for a provisional
    variance for its Knox County facility from the biochemical oxygen
    demand (CBOD5), and suspended solids (TSS) effluent requirements,
    as set forth in 35 Ill. Adm. Code 304.102(a) and 304.141(a), for
    the period from when the Petitioner begins replacing the lagoon
    aeration system within their North Sewage Treatment plant, and
    continuing until the Petitioner returns that unit to service, but
    not for longer than 45 days.
    The Agency reconunends 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 wouldviolate 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
    I
    :33—555
    2
    provisional variance from 35 Ill. Adm. Code 304.102(a) and
    304.141(a), on the following conditions:
    1. The term Of this provisional variance shall commence
    when the Petitioner, Village of Wataga, removes Cell #1 of
    the lagoon from service, and it shall expire 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 60 mg/l CBOD5 or 75 mg/l TSS (each
    on a concentration basis);
    3. The Petitioner shall notify Agency’s by written
    confirmation, at the address below
    ,
    when it removes Cell #1
    of the lagoon 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: Mark T. Books
    4. 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, including the monitoring of dissolved oxygen
    concentrations in Aeration Cell No. 2 on a daily basis
    during the construction period; 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:
    13 3—556
    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 92-77, May 21, 1992.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above order was adopted on the
    ~-s’/’~4
    day of ______________________________, 1992, by a vote of
    1.
    /~~•
    ~-~‘
    Dorothy M.(~’unn, Clerk
    Illinois P~1lutionControl Board
    133—557

    Back to top