ILLINOIS POLLUTION CONTROL BOARD

August 9, 1990

VILLAGE OF HANOVER,

)

Petitioner,

v.

)

PCB 90—153

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (J. Marlin):

This matter comes before the Board on receipt of an Agency

Recommendation dated August 8, 1990. The recommendation refers

to a request from Petitioner, Village of Hanover for a 45—day

provisional variance from the biochemical oxygen demand (CBOD5)

and suspended solids (TSS) effluent requirements, as set forth in

35 Ill. Adm. Code 304.120 and 304.141(a) for the period from when

the Petitioner begins repairs to its wastewater treatment plant,

by bypassing its sand filtration units and continuing until the

Petitioner returns that unit to service, but not for longer than

45 days.

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 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

grants a provisional variance from 35 Ill. Adin. Code 304.120 and

304.141(a) on the following conditions:

1. The term of this provisional variance shall commence

when the Petitioner, Village of Hanover, initiates bypassing

its sand filtration unit, and it shall expire on the date

the Petitioner returns its sand filtration unit to service

or after 45 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 concentrations of 60 mg/l CBOD5 and 75 rng/l TSS, or

(each on a monthly average basis) ;

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3. The Petitioner shall notify Dennis Connor of the

Agency’s Rockford Regional office by telephone, at 815/987-

7755 when it removes its sand filtration unit from service

and when it returns the unit 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: Jan Hopper

4. The Petitioner shall return its sand filtration unit to

service as soon as possible and operate its plant during the

term of this provisional variance in a manner that assures

the best treatment practicable; and

5. The Petitioner shall execute a copy of a Certificate of

Acceptance of this provisio~al variance and forward that

copy to the Agency addressed as is required above for a

notice; 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:

CERTI FICATION

I (We), ________________________________________

hereby accept and agree to be bound by all terms

and conditions of the Order of the Pollution

Control Board in PCB 90-153, August 9, 1990.

Petitioner

Authorized Agent

Title

Date

ii

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I

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IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, do hereby ceçtify that the above Order was adopted on the

‘~‘-~.

day of ____________________________, 1990, by a vote of

Dorothy M.

c~iinn,

Clerk

Illinois Pollution Control Board

114-105