ILLINOIS POLLUTION CONTROL BOARD
    December
    3,
    1992
    CITY OF SHELBYVILLE,
    )
    Petitioner,
    v.
    )
    PCB 92—195
    (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 December 2,
    1992.
    The recommendation refers
    to
    a request from Petitioner,
    City of Shelbyville,
    for a
    provisional variance for its Shelby County facility from the
    requirements for discharge only in accordance with a valid NPDES
    permit,
    as set forth in 35 Iii.
    Adm. Code 309.102,
    for the period
    from when the Petitioner begins removing its force main to
    outfall 001 from service,
    and continuing until the Petitioner
    returns that unit to service, but not for longer than 45 days.
    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.
    ~
    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
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Ill.
    Adm. Code 309.102,
    on the
    following conditions:
    0137-8595
    2
    1.
    The term of this provisional variance shall commence
    when the Petitioner,
    City of Shelbyville, removes its force
    main to outfall 001 from service, and it ~hal1 expire on the
    date the Petitioner returns its force main 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 outfall 002 shall not exceed
    concentrations of 4.0 mg/i NH3 or
    10 mg/l
    BOlD5 or 12 mg/i TSS
    (each on a monthly average basis);
    3.
    The Petitioner shall notify Joe Koronkowski of the
    Agency’s Champaign Regional office by telephone,
    at 217-333-
    8361,
    when it removes its force main to outfall 001 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
    5.
    During the term of this provisional variance, the
    Petitioner shall monitor the effluent from its outfall 002
    for its effluent parameter limits as required by its NPDES
    permit and maintain compliance with its current limits for
    pH and phosphorus; and
    6.
    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:
    0137-0596
    3
    CERTIFlCATION
    I
    (We),
    hereby accept and agree to be bound by all terms
    and conditions of the Order of the Pollution
    Control Board in PCB 92-195, December
    3,
    1992.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby~cer.tifythat the~aboveorder was adopted by the
    Board on the
    .7~~dayof ____________________________,
    1992,
    by a vote of
    _________
    ~•
    Dorothy N.,/~nn,Clerk
    Illinois Pollution Control Board
    Oi37-O~~~

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