ILLINOIS POLLUTION CONTROL BOARD
    December 21, 2000
    LIBBEY-OWENS-FORD COMPANY
    ,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 01-94
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On December 19, 2000, the Illinois Environmental Protection Agency (Agency) filed a
    request for provisional variance and notification of recommendation. The Agency recommends
    that the Board grant a provisional variance from 35 Ill. Adm. Code 304.141(b) to Libbey-
    Owens-Ford Company (petitioner) for its Ottawa facility. The Agency recommends that the
    provisional variance commence on the date in December 2000, when make-up water is added
    to petitioner’s waste line, to continue for 45 days, or until the Agency issues petitioner a
    modified National Pollutant Discharge Elimination System (NPDES) permit. The provisional
    variance would allow petitioner’s LaSalle County facility to temporarily use make-up river or
    well water in its wastewater collection system during sub-freezing weather conditions in order
    to prevent the wastewater force main from freezing and causing potential pipe ruptures and
    overflow conditions at the sump. Petitioner was previously granted a 45-day provisional
    variance for this purpose in Libbey-Owens-Ford Company v. IEPA (February 3, 2000), PCB
    00-129. In making its recommendation, the Agency states that failure to grant the requested
    provisional variance will result in an arbitrary or unreasonable hardship on petitioner.
    The Board grants petitioner a provisional variance from 35 Ill. Adm. Code 304.141(b),
    subject to the following conditions:
    1. The provisional variance shall begin on the date during December 2000 when
    make-up water is added to petitioner’s waste line, and shall continue for 45
    days, or until the Agency issues a modified NPDES permit authorizing this
    make-up water use to prevent freezing, whichever occurs first;
    2. Petitioner shall notify Gene Forster of the Agency’s Rockford regional office via
    telephone at 815-987-7755 when make-up water is added to petitioner’s waste
    line and again when make-up water is no longer added to the waste line.
    Written confirmation of each occurrence shall be sent within five days to the
    following address:
    2
    Illinois Environmental Protection Agency
    Attention: Mark T. Books
    Bureau of Water, Compliance Assurance Section
    1021 N. Grand Avenue E.
    P.O. Box 19276
    Springfield, IL 62794-9276
    3. Within ten days of the date of this order, petitioner shall execute a certificate of
    acceptance and agreement which shall be sent to Mark T. Books at the address
    indicated above. 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 01-94 dated December 21, 2000.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    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 21st day of December 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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