ILLINOIS POLLUTION CONTROL BOARD

August 9, 1990

CITY OF WHITE HALL,

)

Petitioner,

v.

)

PCB 90—154

)

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(3.

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, City of White Hall, for a

provisional variance from the biochemical oxygen demand (CBOD5)

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

35 Iii. Adm. Code 304.120 and 304.141(a) for the period from July

21, 1990 to September 7, 1990.

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. Adrn. Code 304.120, and

304.141(a) on the following conditions:

1. The term of this provisional variance shall commence on

July 21, 1990, and it shall expire on September 7, 1990;

2. During the term of this provisional variance, the

effluent from the Petitioner’s treatment plant shall not

exceed concentrations of 25 mg/i BOD5 or 40 mg/l TSS (each

on a monthly average basis);

3. The Petitioner shall notify Bud Bridgewater of the

Agency’s Springfield Regional office by telephone, at

217/786—6892 when it removes its activated sludge treatment

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:

1

l4—1(~7

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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: Pat Lindsey

4. The Petitioner shall return its activated sludge

treatment 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 provisional 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:

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 90—154, August 9, 1990.

Petitioner

Authorized Agent

Title

Date

IT IS SO ORDERED.

~1

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I

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3

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

Boa~d~do

hereby cert,~fythat the above Order was adopted on the

~77~L day of ____________________________, 1990, by a vote of

0

~.

~

Dorothy N. ~unn, Clerk

Illinois Pollution Control Board

114—109