ILLINOIS POLLUTION CONTROL BOARD
    September 12,
    1991
    CITY OF CARLINVILLE,
    )
    Petitioner,
    v.
    )
    PCB 91—170
    (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,
    City of Carlinville,
    for a
    provisional variance from the suspended solids
    (TSS)
    effluent
    requirements,
    as set forth in 35
    Ill.
    Adm. Code 304.120(c)
    and
    304.141(a),
    for the period from when the Petitioner initiates
    bypassing its Hydro-Clear tertiary filter,
    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
    environm?ntal 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 304.120(c)
    and
    304.141(a),
    on the following conditions:
    126—109
    2
    1.
    The term of this provisional variance shall commence
    when the Petitioner,
    City of Carlinville, initiates
    bypassing its Hydro-Clear tertiary filter unit,
    and
    it shall
    expire on the date the Petitioner returns its unit 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 treatment plant shall not
    exàeed concentrations of 25 mg/l TSS
    (on a concentration
    basis);
    3.
    The Petitioner shall notify John Wells of the Agency’s
    Springfield Regional office by telephone,
    at 217—786—6892,
    when it removes its Hydro-Clear tertiary filter unit 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:
    Pat Lindsey
    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:
    126—110
    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—170, September 12,
    1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    J.D. Dumelle concurred.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Bo~, do hereby cer)ify that the above Order was adopted on the
    ~
    day of ___________________________,
    1991,
    by a vote of
    7—c
    .
    ‘7,
    Ill
    Control Board
    126—111

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