ILLINOIS POLLUTION CONTROL BOARD
July 19, 1990
VILLAGE
OF OSWEGO,
Petitioner,
v.
)
PCB 90—176
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respcn~emt.
ORDER OF THE BOARD (3. Nar:n):
This matter comes before the Board on receipt of an Agency
Recommendation dated September 26, 1990. The recommendation
refers to a request from Pc tiom-mer~’fora provisional varianca
from the biochemical cxvger demand (BOD5) and suspended solids
(TSS) effluent requirements, as set forth in 35 III. Adm. Code
304.120 and 304.141, for the period from when the Petitioner
begins repairs to its ~:astewamer treatment plant, by removing
package plant from service, and continuing until the Petitioner
returns that plant to service, but not for longer than 4 days.
The Agency recommends :hat the Board grant the requested
provisional variance with specified conditions. The Agency
agrees that the repairs are mecessary. The Agency anticipates
that the requested provisiomal variance would have minimal
environmental impact cm 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 opines that a denial of the requested
provisional variance would create an arbitrary and unreasonable
hardship on the Petitioner.
In light of the Agency Recommendation, the Board hereby
gc~nts a provisional variance from 35 Ill. Adm. Code 304.120 and
304.141 on the following ccr.ditions:
1. The term of this provisional variance shall commence
when the Petitioner, Village of Oswego, removes its package
plant from service, and it shall expire on the date the
Petitioner returns its package plant to service or after 4
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 maximum concentrations of 150 mg/i SOD5, or 100 mg/i
TSS;
115- 141
2
3. During the term of this provisional variance, the
Village of Oswego shall provide, at a minimum, primary
treatment and chlorination to all wastewater flows
discharged from its plant;
4. During the term of this provisional variance, the
Village of Oswego shall provide sludge removal on a daily
basis, shall provide a fence around the temporary primary
structure, and shall remove all sludge and debris from the
area of the temporary treatment area and restore it to its
original state;
5. During the term of this provisional variance, the
~
coliect clai.Ly samples and perform
analyses as set forth in NPDES permit number 1L0021857;
6. The Petitioner shall notify Nick Menninga of the
Agency’s Maywood regional office by telephone, at 708-345-
9780, when it removes its package treatment plant from
service and when it returns the plant 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
and
7. 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:
ii 5—142
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 90-176, September 26, 1990.
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, do hereby cert~fythat the above Order was adopted on the
~T~2
day of __________________________, 1990, by a vote of
~
DorothyM. ~unn,
)2~
Clerk
~
Illinois POllution Control Board
U 5-14: