ILLINOIS POLLUTION CONTROL BOARD
    November 21,
    1991
    GENERAL MOTORS CORP.,
    Petitioner,
    v.
    )
    PCB 91—230
    (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 November 20,
    1991.
    The recommendation
    refers to a request from Petitioner, General Motors Corp.,
    for a
    provisional variance from the oils,
    fats,
    and greases and
    suspended solids
    (TSS)
    effluent requirements,
    as set forth
    in 35
    Ill.
    Adm. Code 304.124 and from provisions of the variance,
    granted in PCB 83-30,
    for the period from November 22,
    1991 until
    the Petitioner completes an enlarged retention basin, but not for
    longer than 45 days.
    The Board granted the Petitioner
    a prior
    provisional variance for the same subject matter September 12,
    1991,
    in docket PCB 91-168.
    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
    unreasonable hardship, the Board hereby grants Petitioner a
    12
    7—257
    2
    provisional variance from 35 Iii.
    Adm. Code 204.124 and
    paragraphs 45(a),
    45(i),
    45(i) (1),45(i) (2), and 45(i)(3)
    to the
    extent they pertain to suspended solids, on the following
    conditions:
    1.
    The term of this provisional variance shall commence
    November 22,
    1991,
    and it shall expire on the date the
    Petitioner completes construction of an enlarged retention
    basin,
    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 75 mg/i TSS
    (monthly average
    basis);
    3.
    The Petitioner shall notify Steve Baldwin of the
    Agency’s Champaign Regional office by telephone,
    at 217-
    333—8361, when it when the new retention basin
    is completed,
    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:
    Pat Lindsey
    4.
    The Petitioner shall perform the necessary construction
    work as expeditiously as possible to minimize the period of
    time discharge will occur~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—258
    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 9l-230~November 20,
    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 c~r~tify
    that the above Order was adopted on the
    /
    -~-i day of
    /
    ~
    ~
    ,
    1991,
    by a vote of
    ,
    Clerk
    ution Control Board
    127—259

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