ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1991
    ANAX
    COAL CO..,
    WABASH MINE,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—240
    )
    (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 4,
    1991.
    The recommendation refers
    to a request from Petitioner, Amax Coal Co., Wabash Nine,
    for a
    provisional variance from the biochemical oxygen demand
    (BOD)
    and
    suspended solids
    (SS) effluent requirements,
    as set forth in35
    Ill. Adm. Code 304.120(a)
    and 304.141(a),
    for the period from
    when the Petitioner begins rehabilitation of its extended
    aeration package sewage treatment plant, by diverting influent to
    the treatment plant to the sediment pond outfall 001,
    and
    continuing until two weeks after the Petitioner returns its
    package plant 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 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
    128—7
    7
    2
    provisional variance from 35
    Ill. Adm. Code 304.120(a)
    and
    304.141(a),
    on the following conditions:
    1.
    The term of this provisional variance shall commence
    when the Petitioner, Amax Coal Co., Wabash Mine,
    initiates
    rehabilitation of its extended aeration package sewage
    treatment plant, by diverting influent to the sediment pond
    outfall 001, and it shall expire two weeks following the
    date the Petitioner returns its extended aeration package
    sewage treatment plant 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
    exceed concentrations of 100 mg/l CBOD5 or 200 mg/i TSS
    (each on a concentration basis);
    3.
    The Petitioner shall notify Wiiliam Ryan of the
    Agency’s Marion Regional office by telephone, at 6l8-997~-
    4392,
    when it begins diverting its extended aeration package
    sewage treatment plant influent flow and when it returns the
    package plant 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 repair 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:
    128—78
    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 91-240,
    December
    6,
    1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    J.D.Dumelle and B.
    Forcade concurred.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Bo~rd,do hereby c~tifythat the above Order was adopted on the
    ~
    day of
    ~
    ,
    1991,
    by a vote of
    7.
    ~
    ~
    Dorothy N. p~nn,Clerk
    Illinois P~l1utionControl Board
    1~)

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