ILLINOIS POLLUTION CONTROL BOARD
    October 11, 1990
    ELECTRIC ENERGY, INC.,
    )
    )
    Petitioner,
    V.
    )
    PCB 90—186
    )
    (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 October 10, 1990. The recommendation refers
    to a request from Petitioner, Electric Energy, Inc., for a
    provisional variance from the suspended solids (TSS) effluent
    requirements, as set forth in 35 Ill. Adm. Code 304.120 and
    304.141(a), for the period from October 2, 1990, and continuing
    until the Petitioner completes construction at its wastewater
    treatment facilities, but not for longer than 45 days. This
    provisional variance would effectively, extend the term of a
    provisional variance granted the Petitioner on August 9, 1990 in
    PCB9O—155.
    The Z~gency 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. Adm. Code 304.120 and
    304.141(a) on the following conditions:
    1. The term of this provisional variance shall commence on
    October 2, 1990, and it shall expire on the date the
    Petitioner, Electric Energy, Inc., completes construction at
    its wastewater treatment facility, or after 45 days have
    elapsed, whichever comes first;
    2. The Petitioner shall notify Dwight Hill of the Agency’s
    Marion Regional office by telephone, at 618/997-4371 when it
    initiates construction and when it completes construction,
    and the Petitioner shall confirm this notice in writing
    115—333
    2
    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: Barbara Conner
    3. The Petitioner shall complete construction 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
    4. 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, addressed to
    Mark T. Books, 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 90-186, October 11, 1990
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    115—334
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify~at the above Order was adopted on the
    //~tZ~day of
    ~ ~-/-~-‘~
    ,
    1990, by a vote of
    /
    ,,
    ~
    ~2t
    ~
    Dorothy M. G,i4’(n, Clerk
    Illinois PoI~’utionControl Board
    115—335

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