ILLINOIS POLLUTION CONTROL BOARD

November 29, 1990

COMMONWEALTH EDISON COMPANY,

)

ZION POWER STATION,

Petitioner,

v.

)

PCB 90—223

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (J. Marlin):

This matter comes before the Board on receipt of an Agency

Recommendation dated November 28, 1990. The recommendation

refers to a request from Petitioner, Commonwealth Edison Co.,

Zion Power Station, for a provisional variance from the suspended

solids (TSS) and oil and grease (0 & G) effluent requirements, as

set forth in 35 Ill. Adm. Code 304.124 and 304.141, for the

period from when the Petitioner begins repairs to its wastewater

treatment plant, by removing its Outfall 110(a) from service, and

continuing until the Petitioner returns that outfall 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

states that a grant of the instant provisional variance will not

adversely affect any 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 Board hereby grants Petitioner a provisional variance

from 35 Ill. Adm. Code 304.124 and 304.141 subject to the

following conditions:

1. The term of this provisional variance shall commence on

when the Petitioner, Commonwealth Edison Co., Zion Power

Station, removes its Outfall 001(a) from service, and it

shall expire on the date the Petitioner returns its Outfall

001(a) to service or after 45 days have elapsed, whichever

comes first;

2. The Petitioner shall notify Chris Kallis of the

Agency’s Maywood office by telephone, at 708-345—9780, when

it removes its Outfall 001(a) from service and when it

returns the outfall to service within 24 hours, and the

Petitioner shall confirm this notice in writing within five

days, addressed as follows:

116—331

---

2

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 so perform all work as to return

its Outfall 001(a) to service as soon as possible to

minimize the period of time that the facility is out of

service and operate its plant during the term of this

provisional variance in a manner that assures the best

effluent practicable; and

4. During the term of this provisional variance, the

Petitioner shall meet monthly average effluent limitations

prior to treatment through an oil/water separator of 75 mg/i

TSS and 75 mg/l 0 & G; 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:

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 90-223, November 29, 1990.

Petitioner

Authorized Agent

Title

Date

116—332

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3

IT IS SO ORDERED.

3. Duineile dissented.

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

Board, do hereby certify that the above Order was adopted on the

~

day of ____________________________, 1990, by a vote of

Dorothy

~

~)L

Gunn,

/LJ

Clerk

Illinois Pollution Control Board

11 6—333