ILLINOIS POLLUTION CONTROL BOARD

June

20,

199.

DEL

MONTE

CORPORATION,

)

DEKALB

PLANT

#111,

)

)

Petitioner,

v.

)

PCB 91—102

(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 June 19,

1991.

The recommendation refers to

a request from Petitioner,

Del Monte Corp. DeKalb Plant #111,

for

a provisional variance from the suspended solids

(SS)

effluent

requirements,

as set forth

in 35 Iii.

Admu.

Code 304.120(c)

and

304.141(a),

for the period from the date of this Order and

lasting 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.

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

304.141(a)

on the following conditions:

---

2

1.

The term of this provisional variance shall commence on

the date of this Order,

and it shall expire after 45 days.

2.

During the term of this provisional variance, the

effluent from the Petitioner’s treatment plant shall not

exceed concentrations of

75 mg/l SS

(each on a monthly

average basis);

3.

The Petitioner shall execute a copy of a Certificate of

Acceptance of this provisional variance and forward that

copy to the Agency and forward that copy within 10 days of

the date of this Order of the Board, 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

and the Certificate of Acceptance shall take the following

form:

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—102,

June

20,

1990.

Petitioner

Authorized Agent

Title

Date

IT IS SO ORDERED.

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3

J.D. Dumelle and B. Forcade concurred.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,

do hereby certif

that the above Order was adopted on the

c5~O~4dayof ___________________________,

1991, by a vote of

~

Dorothy M.

G~i?1n,

Clerk

Illinois P0

ution

Control

Board