ILLINOIS POLLUTION CONTROL BOARD
    June 8, 2000
    CITY OF BELVIDERE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-215
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On May 6, 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 Belvidere for its wastewater
    treatment plant. The provisional variance would allow this Boone County petitioner to perform
    necessary repairs on its final clarifier tank. 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 five-day biochemical
    oxygen demand (BOD
    5
    ) and suspended solids limits (SS) set forth in 35 Ill. Adm. Code
    304.120(c) and 304.141(a). 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 (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 when petitioner begins work on its final
    clarifier during June 2000 and shall continue for 45 days or until the repair work
    is completed, whichever occurs first.
    2.
    During the variance period, petitioner shall operate the wastewater treatment
    facility in such a manner so as to produce the best effluent practicable. Petitioner
    shall meet the following effluent concentration limits:
    2
    Concentration Effluent Limitations
    Flow up to 5.5 MGD
    Flow over to 5.5 MGD
    SS
    50mg/l
    75mg/l
    BOD
    5
    50mg/l
    75mg/l
    3.
    Petitioner shall notify Jack Adam of the Agency by telephone at 815/987-7755
    when work on the final clarifier settling tank begins and again when the work is
    completed. Written confirmation of each notice shall be sent within five days to
    the following address:
    Illinois Environmental Protection Agency
    Bureau of Water - Water Pollution Control
    Attention: Mark T. 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 T. 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 00-215 dated June 8, 2000.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    5.
    Petitioner shall continue to monitor and maintain compliance with all other
    parameters and conditions specified in its National Pollutant Discharge
    Elimination System Permit No. IL0027685.
    3
    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 8th day of June 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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