ILLINOIS POLLUTION CONTROL BOARD
    September 26,
    199.
    DEKALB SANITARY DISTRICT,
    )
    Petitioner,
    v.
    )
    PCB 91—177
    (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 25,
    1991.
    The recommendation
    refers to
    a request
    froia Petitioner,
    DeKalb Sanitary District,
    for
    a provisional variance from the ammonia nitrogen
    (NH3),
    biochemical oxygen demand
    (CBOD5),
    and suspended solids
    (TSS)
    effluent requirements,
    as set forth in 35
    Ill. Adm. Code
    304.120(c),
    304.122(a),
    and 304.141(a),
    for the period from when
    the Petitioner begins bypassing its first trickling filter unit,
    and continuing until two weeks after the Petitioner returns the
    last trickling filter 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
    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 Boardts 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
    126—335
    2
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35
    Ill. Adm. Code 304.120(c),
    304.122(a),
    and 304.141(a), on the following conditions:
    1.
    The term of this provisional variance shall commence
    when the Petitioner,
    DeKalb Sanitary District,
    initiates
    bypassing its first trickling filter unit,
    and it shall
    expire on two weeks after the the date upon which the
    Petitioner returns its last trickling filter 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
    exceed concentrations of 5.0 mg/l NH3
    (daily maximum
    concentration or 20
    mg/.
    CBOD5 or
    25 mg/l TSS
    (each on
    a
    concentration basis);
    3.
    The Petitioner shall notify Jack Adam of the Agency’s
    Rockford Regional office by telephone,
    at 815—987-7755, when
    it removes its first trickling filter unit from service and
    when it returns the last trickling filter 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:
    Mark T.
    Books
    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—336
    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 91-177, September 26,
    1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    J.D. Dumelle and B.
    Forcade concurred.
    I, Dorothy N. Gu~n,Clerk of the Illinois Pollution Control
    Boar~do hereby ce~’ifythat the above Order was adopted on the
    ~
    day of ____________________________,
    1991, by a vote of
    /
    Dorothy M.
    nn, Clerk
    Illinois Po~./LutionControl Board
    126—33 7

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