ILLINOIS POLLUTION CONTROL BOARD
    July
    25, 1991
    CITY OF TRENTON,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—127
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated July 24, 1991. The recommendation refers to
    a request from Petitioner, City of Trenton, for a provisional
    variance from the biochemical oxygen demand (CBOD~) and suspended
    solids (TSS) effluent requirements, as set forth in 35 Ill. Adm.
    Code 304.120(c) and 304.141(a), for the period from the date of
    this Order of the Board and continue for a period of 45 days,
    until September 8, 1991, or until seven days after the City
    returns its clarifier to service, whichever occurs first.
    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
    provisional variance from 35 Ill. Adm. Code 304.120(c) and
    124—23 3
    2
    304.141(a), on the following conditions:
    1. The term of this provisional variance shall commence on
    the date of this Order of the Board and expire after 45
    days, on September 8, 1991, or within seven days of when the
    City returns its clarifier to service, whichever occurs
    first;
    2. During the term of this provisional variance, the
    effluent from the Petitioner’s treatment plant shall not
    exceed concentrations of 70 mg/l BOD5 or 70 mg/i TSS (each
    on a concentration basis);
    3. The Petitioner shall notify Christopher Port of the
    Agency’s Collinsville Regional office by telephone, at 618-
    346—5120, when it returns its clarifier 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 return to service as soon as
    possible and operate its plant during the term of this
    provisional variance in a manner that assures the best
    treatment 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:
    124—234
    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 91-127, July 24, 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 rd, do hereby certi that the above Order was adopted on the
    ~5~day of ___________________________, 1991, by a vote of
    Dorothy M. ~
    i~.
    Clerk
    ~
    Illinois Po~)..ution Control Board
    124—235

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