ILLINOIS POLLUTION CONTROL BOARD
July 27, 2000
CITY OF WOOD DALE,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 01-13
(Provisional Variance - Water)
ORDER OF THE BOARD (by C.A. Manning):
On July 25, 2000, the Illinois Environmental Protection Agency (Agency) filed a request
for a provisional variance and notification of recommendation. The Agency recommends that the
Board grant a 45-day provisional variance to the City of Wood Dale for its wastewater treatment
plant. The provisional variance would allow this DuPage County petitioner to perform necessary
repair work. In making its recommendation, the Agency states that failure to grant the requested
provisional variance for 45 days will result in an arbitrary or unreasonable hardship on the
petitioner.
The Board grants the petitioner a provisional variance from the effluent limits set forth in
35 Ill. Adm. Code 304.141(a) and the excess flow limits in National Pollutant Discharge
Elimination System (NPDES) Permit No. IL0034274. The Board is required, in a provisional
variance, to adopt a formal order, assure formal maintenance of the record, assure the
enforceability of the variance, and provide notification of the action by press release. Pursuant to
Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (1998)), the Board must
issue the provisional variance within two days of the filing.
The provisional variance is granted, subject to the following conditions:
1. The variance shall begin on the date during 2000, when petitioner begins to divert
flow through its excess flow facilities and shall continue for 45 days or until the
package plants are returned to service, whichever occurs first.
2. During the variance period, petitioner shall be allowed to divert excess flow over
1.165 million gallons per day into its excess flow facilities. Petitioner shall still
be limited to the excess flow effluent limits provided in its NPDES Permit No.
IL0034274.
3. Petitioner shall notify Maureen Brehmer of the Agency by telephone at 708/338-
7900 when the package plants have been taken out of service and again when they
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have been returned to service. Written confirmation of each notice shall be sent
within five days to the following address:
Illinois Environmental Protection Agency
Bureau of Water, Compliance Assurance Section
Attention: Mark Books
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. Petitioner shall sign a certificate of acceptance of this provisional variance and
forward that certificate to Mark Books at the address indicated above within ten
days of the date of this order. The certification should 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 01-13 dated July 27, 2000.
______________________________________
Petitioner
______________________________________
Authorized Agent
______________________________________
Title
______________________________________
Date
5. Petitioner shall perform the necessary repair work on the package plant as
expeditiously as possible to minimize the time period that the package plants are
out of service. Petitioner shall also to monitor and maintain compliance with all
other parameters and conditions specified in NPDES Permit No. IL0034274.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d R.
335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
above order was adopted on the 27th day of July 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
