ILLINOIS POLLUTION CONTROL BOARD
    June 22, 2000
    COMMONWEALTH EDISON (Byron
    Nuclear Generating Station),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-222
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On June 20, 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 Commonwealth Edison for
    its Byron Nuclear Generating Station. The provisional variance would allow this Ogle County
    petitioner to replace an existing chemical feed zebra mussel control system with a copper ion
    zebra mussel control system. 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 for its facility from the
    requirements set forth in 35 Ill. Adm. Code 309.154(a) and (b) and National Pollutant
    Discharge Elimination System Permit No. IL0048313. 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 June 26, 2000, and shall continue for 45 days.
    2. During the variance period, petitioner’s effluent shall be limited to a copper
    concentration of 0.071 milligrams.
    3. Petitioner shall notify Charles Corley of the Agency by telephone at 815/987-
    7755 regarding the completion of the utilization of this provisional variance.
    Also, petitioner shall confirm this notice in writing within five days to the
    following address:
    2
    Illinois Environmental Protection Agency
    Bureau of Water - Water Pollution Control
    Attention: Susan Davison
    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 Susan Davison 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 00-222 dated June 22, 2000.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    5. Petitioner shall operate the facility during the term of this provisional variance
    in such a manner so as to produce the best effluent practicable.
    6. Petitioner shall continue to monitor and maintain compliance with all other
    parameters and conditions specified in its National Pollutant Discharge
    Elimination System Permit No. IL0048313.
    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.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 22nd day of June 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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