ILLINOIS POLLUTION CONTROL BOARD
    September
    12,
    1991
    ACME STEEL CO.,
    )
    Petitioner,
    )
    sr.
    )
    PCB 91—167
    )
    (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 September 11,
    1991.
    The recommendation
    refers to a request from Petitioner, Acme Steel Co.,
    for a
    provisional variance from the total residual halogen
    (TRH)
    effluent requirements,
    as set forth in
    35 Ill. Adm. Code
    302.208(d)
    and 304.141(b),
    for the period from when the
    Petitioner begins its mussel eradication program and continuing
    until the Petitioner receives a modified permit, 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 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.
    ~
    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
    provisional variance from 35
    Ill. Adm. Code 302.208(d)
    and
    304.141(d), on the following conditions:
    126—97
    2
    1.
    The term of this provisional variance shall commence
    when the Petitioner,
    Acme Steel Co.,
    initiates its
    wastewater treatment plant, by commencing its mussel
    eradication program, and it shall expire on the date the
    Petitioner receives a modified permit in final
    form, or
    after 45 days have elapsed, whichever comes first;
    2.
    The Petitioner shall notify Enoch Mensah of the
    Ag~ncy’sNaywood Regional office by telephone,
    at 708-531-
    5900,
    when it begins its mussel eradication program, 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:
    Dan Ray
    3.
    The Petitioner shall monitor outfalls 001,
    002,
    003,
    and 004 once each day (grab samples)
    for TRH, and sample for
    other effluent limits at the frequency noted
    in NPDES permit
    IL0002lOl; and
    4.
    The Petitioner shall meet a daily maximum limit of 0.05
    mg/i
    TRH
    (concentration limit)
    at each outfall; and
    5.
    The Petitioner shall execute a copy of a Certificate of
    ?~cceptanceof 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:
    126—98
    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 91-167, September 12,
    1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    J.D. Dumelle concurred.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boar~do hereby cer~ify~thatthe above Order was adopted on the
    /~~/‘~-
    day of _________________________,
    1991,
    by a vote of
    7—0
    .
    i~
    .2~
    Dorothy M.
    9~Inn, Clerk
    Illinois P~J’1utionControl Board
    126—99

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