ILLINOIS POLLUTION CONTROL BOARD

September 26, 1991

MATERIAL SERVICE CORP. and,

)

CITY OF GEORGETOWN,

)

Petitioner,

v.

)

PCB 91—181

(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 from Petitioners, Material Service Corp. and

the City of Georgetown, for a provisional variance from the

permit application requirements, as set forth in 35 Ill. Adin.

Code 309.103(d), for the period when the Petitioner, Material

Service Corp., begins discharging from its Fairmount Quarry into

the tributary of the Vermillion River, and continuing until NPDES

permit 1L0063002 is modified to include this discharge, 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 discharge is necessary. The Agency anticipates

that the requested provisional variance would have no adverse

environmental impact. The Agency is unaware of any public water

supplies that the requested provisional variance would adversely

impact. In fact, the Agency points out that the discharge would

benefit a public water supply. 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

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unreasonable hardship, the Board hereby grants Petitioner a

provisional variance from 35 Ill. Adm. Code 309.103(d), on the

following conditions:

1. The term of this provisional variance shall commence

when the Petitioner, Material Service Corp., initiates

discharging water from its Fairmount Quarry into the

tributary of the Little Verinillion River, and it shall

expire on the date NPDES permit 1L0063002 is modified to

include this discharge, or after 45 days have elapsed,

whichever comes first;

2. The Petitioner shall notify Joe Koronkowski of the

Agency’s Champaign Regional office by telephone, at 217-

333-8361, when the discharge begins, and 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

3. 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—340

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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 91-181, September 26, 1991.

Petitioner

Authorized Agent

Title

Date

IT IS SO ORDERED

J.D. Durnelle concurred.

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

Boar~.d-1 do hereby ce~ftif~_thatthe above Order was adopted on the

~ day of ____________________________, 1991, by a vote of

Ill mo

Control Board

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