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