ILLINOIS POLLUTION CONTROL BOARD
    August 10, 2000
    CITY OF CARLYLE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 01-26
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 8, 2000, the Illinois Environmental Protection Agency (Agency) filed a request for a provisional
    variance and notification of recommendation. The Agency recommends that the Board grant a 45-day provisional
    variance to the City of Carlyle for its wastewater treatment plant. The provisional variance would allow this Clinton
    County petitioner to construct a new rock filter. Petitioner was previously granted a provisional variance in City of
    Carlyle v. IEPA (June 8, 2000), PCB 00-216. In making its recommendation, the Agency states that failure to grant
    the requested provisional variance for
    45
    days will result in an arbitrary or unreasonable hardship on the petitioner.
    The Board grants the petitioner a provisional variance for its Outfall 001 from the five-day carbonaceous
    biochemical oxygen demand (CBOD
    5
    ) and total suspended solids (TSS) limits set forth in 35 Ill. Adm. Code
    304.120(a) and 304.141(a). The Board is required, in a provisional variance, to adopt a formal order, assure formal
    maintenance of the record, assure the enforceability of the variance, and provide notification of the action by press
    release. Pursuant to Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (1998)), the Board must
    issue the provisional variance within two days of the filing.
    The provisional variance is granted, subject to the following conditions:
    1.
    The variance shall begin on the date when petitioner notifies the Agency that construction of the
    new rock filter has begun and shall continue for 45 days or until construction of the new rock filter
    is completed, whichever occurs first.
    2.
    During the variance period, petitioner’s effluent shall meet the monthly average concentration limit
    of 45 milligrams/liter (mg/l) for TSS and 50 mg/l for CBOD
    5
    .
    3.
    Petitioner shall notify Barb Conner of the Agency by telephone at 217/728-9720 when
    construction starts and again when construction is completed. Written confirmation of each notice
    shall be sent within five days to the following address:
    Illinois Environmental Protection Agency
    Bureau of Water - Water Pollution Control
    Compliance Assurance Section
    Wastewater Compliance Monitoring Unit
    Attention: Barb Conner
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
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    4.
    Petitioner shall sign a certificate of acceptance of this provisional variance and forward that
    certificate to Barb Conner at the address indicated above within ten days of the date of this order.
    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-
    26 dated August 10, 2000.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    5.
    Petitioner shall continue to monitor and maintain compliance with all other parameters and
    conditions specified in its National Pollutant Discharge Elimination System Permit No. IL0027901.
    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 10th day of Auguat 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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