ILLINOIS POLLUTION CONTROL BOARD

February 25, 1993

VILLAGE OF TEUTOPOLIS,

Petitioner,

v.

)

PCB 93—40

(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 February 24, 1993. The recommendation

refers to a request from Petitioner, Village of Teutopolis, for a

provisional variance for its Effingham County facility from the

biochemical oxygen demand (CBOD5), and suspended solids (TSS)

effluent requirements, as set forth in 35 Ill. Adni. Code

304.141(a) and 304.120(a), for the period from when the

Petitioner begins draining of cell #1 of their lagoon wastewater

treatment plant, and continuing for 45-days or until the

Petitioner returns that unit to service, whichever comes first.

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 or 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.

1991, 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 or

0 I 39-06i3

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2

unreasonable hardship, the Board hereby grants Petitioner a

provisional variance from 35 Ill. Adm. Code 304.141(a) and

304.120(a), on the following conditions:

1. The term of this provisional variance shall commence

when the Petitioner, Village of Teutopolis, initiates the

draining of cell #1 of its lagoon from service, and it shall

expire on the date the Petitioner returns that unit 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 meet

concentrations of 5Omg/l for both five day carbonaceous

biochemical oxygen demand and for suspended solids;

3. The Petitioner shall notify Omer Ozcelik of the

Agency’s Champaign Regional office by telephone, at 217/333-

8361, when it removes its Cell #1 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: 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; 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:

0139-06L~f~

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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 93-40, February 25, 1993.

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 by the

Board on the

‘~-

day of

2.-,9A~‘z..

,

1993,

byavoteof

~

.

Dorothy N. G~?~n,Clerk

Illinois Pollution Control Board

01 39-06L~5