ILLINOIS POLLUTION CONTROL BOARD
    June 8, 2000
    CITY OF CARLYLE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-216
    (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 Carlyle for its wastewater treatment
    plant. The provisional variance would allow this Clinton County petitioner to construct a new
    rock filter. 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 for its Outfall 001 from the five-
    day carbonaceous biochemical oxygen demand (CBOD
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    and total suspended solids (TSS)
    limits set forth in 35 Ill. Adm. Code 304.120(a) 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 notifies the Agency that
    construction of the new rock filter has begun and shall continue for 45 days or
    until construction of the new rock filter is completed, whichever occurs first.
    2.
    During the variance period, petitioner’s effluent shall meet the monthly average
    concentration limit of 45 milligrams/liter (mg/l) for TSS and 50 mg/l for CBOD
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    3.
    Petitioner shall notify Barb Conner of the Agency by telephone at 217/728-9720
    when construction starts and again when construction is completed. Written
    confirmation of each notice shall be sent within five days to the following
    address:
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    Illinois Environmental Protection Agency
    Bureau of Water - Water Pollution Control
    Attention: Barb Conner
    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 Barb Conner 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 00-216 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. IL0027901.
    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.
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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