ILLINOIS POLLUTION CONTROL BOARD
    April 25, 1991
    SANITARY DISTRICT OF DECATUR,
    )
    Petitioner,
    v.
    )
    PCB 91—69
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J.C Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated April 24, 1991. The recommendation refers
    to a request from Petitioner, Sanitary District of Decatur, for a
    provisional variance from the fecal coliform and effluent
    disinfection requirements, as set forth in 35 Ill. Adm. Code
    302.209(a) and 304.121, for the period from May 1, 1991 to May
    15, 1991.
    The Agency recommends that the Board grant the requested
    provisional variance with specified conditions. The Agency
    agrees that the repairs are necessary. The Agency anticipates
    that the requested provisional variance would have minimal
    environmental impact on 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 finds that a denial of the requested
    provisional variance would create an arbitrary and unreasonable
    hardship on the Petitioner.
    The responsibilities of the Agency and the Board in these
    short—term provisional variances are different from the
    responsibilities in standard variances. See Ill. Rev. Stat.
    1989, ch. lll~,pars. 1035(b) & (C). In provisional variances it
    is the responsibility of the Agency to make the technical
    determinations and finding of arbitrary or unreasonable hardship.
    The Board’s responsibility is to adopt a formal Order, to assure
    the formal maintenance of the record, to assure the
    enforceability of the variance, and to provide notification of
    the action by a press release.
    Having received the Agency recommendation finding that a
    denial of the requested relief would impose an arbitrary and
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Ill. Adm. Code 302.209(a) and
    304.121 on the following conditions:
    1. The term of this provisional variance shall commence on
    121—661

    2
    Nay 1, 1991, and it shall expire on May 15, 1991.
    2.
    During the term of this provisional variance, the fecal
    coliform requirements of 35 Ill. Adm. Code 302.306 shall
    remain in effect as to the Petitioner’s effluent;
    3. The Petitioner shal collect daily samples of its
    effluent for fecal coliforin and perform the analyses set
    forth in NPDES permit 1L0028321;
    4. The Petitioner shall notify Joe Koronowski of the
    Agency’s Champaign office by telephone, at 217-333—8361,
    when when construction is completed, 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
    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:
    12 1—662

    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 91-69, April 25, 1991.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED
    J.D. Dumelle and B. Forcade concurred.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certif~rtha~the above Order was adopted on the
    ~
    day of ____________________________, 1991, by a vote of
    Dorothy
    Illinois
    Control Board
    12 1—6 63

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