ILLINOIS POLLUTION CONTROL BOARD
    November 21, 1991
    VILLAGE OF STILLMAN VALLEY,
    )
    Petitioner,
    v.
    )
    PCB 91—229
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by JC. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated November 20, 1991. The recommendation
    refers to a request from Petitioner, Village of Stiliman Valley,
    for a provisional variance from the biochemical oxygen demand
    (CBOD5) and suspended solids (TSS) effluent requirements, as set
    forth in 35 Ill. Adm. Code 304.102(c) and 304.141(a), for the
    period from November 9, 1991 and continuing until the Petitioner
    completes the required maintenance and modification work, but not
    for longer than 45 days. The Board granted the Petitioner a
    prior provisional variance for the same subject matter on August
    22, 1991, in docket PCB 91—144.
    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. 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
    12 7—253
    2
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Ill. Adm. Code 304.120(c) and
    304.141(a), on the following conditions:
    1. The term of this provisional variance shall commence on
    November 9, 1991, and it shall expire on the date the
    Petitioner completes the required maintenance and
    modification work, 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 45 mg/i CBOD5 or 60 mg/I TSS (each
    on a concentration basis);
    3. The Petitioner shall notify Chuck Corley of the
    Agency’s Rockford Regional office by telephone, at 815-987-
    7755, when it returns its contact stabilization 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
    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:
    127—254
    3
    I (We)
    CERTIFICATION
    hereby accept and agree to be bound by all terms
    and conditions of the Order of the Pollution
    Control Board in PCB 91-229, November 21, 1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED
    J.D.
    Dumelle concurred.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above Order was adopted on the
    ~ day of ______________________________, 1991, by a vote of
    Control Board
    12 7—255

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