ILLINOIS POLLUTION CONTROL BOARD
    June 2, 1988
    BARTLOW BROTHERS, INC. and
    CITY OF RUSHVILLE
    Petitioners,
    v.
    )
    PCB 88—93
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board upon a June 1, 1988,
    Recommendation of the Illinois Environmental Protection Agency
    (Agency). The Agency recommends that Petitioners be granted a
    provisional variance for a period of 45 days or until June 30,
    1988 to allow the Bartlow Brothers lagoons to be drained for
    improvements.
    After investigation of Petitioners’ request, the Agency has
    concluded that there are no reasonable alternatives to lowering
    the lagoons in order to do the necessary work, and recommends
    that the provisional variance be granted subject to certain
    conditions.
    The Board notes an inconsistency in Petitioner’s request.
    On page one of the Agency Recommendation 35 Ill. Adm. Code
    302.209(b) is referenced; but on page three, 35 Ill. Adm. Code
    304.141 is referenced. The Board presumes that 304.141 is the
    correct reference.
    This Opinion constitutes the Board’s findings of fact and
    conclusions or law in this matter.
    ORDER
    Bartlow Brothers, Inc. and the City of Rushville are hereby
    granted a provisional variance from 35 Ill. Adm. Code 304.141
    subject to the following conditions:
    1. This variance shall commence upon initiation of
    bypassing Bartlow Brother, Inc. lagoons and continue
    for a period of 45 days or until June 30, 1988,
    whichever occurs first.
    90—6 7
    —2—
    2. During the period of this variance, the effluent
    discharged from the Bartlow Brother, Inc. lagoons shall
    be limited to 60 mg/i SOD and 80 mg/l TSS, monthly
    averages.
    3. The City shall notify W. Bud Bridgewater of the
    Agency’s Springfield Regional Office via telephone at
    217/786—6892 when bypassing of the lagoon is begun and
    when it is returned to service. Written confirmations
    of each notification shall be sent within 5 days to the
    following addresses:
    Illinois Environmental Protection Agency
    4500 South 6th Street
    Springfield, Illinois 62706
    ATTN: W. Bud Bridgewater
    Illinois Environmental Protection Agency
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794—9276
    ATTN: Mark T. Books
    4. Bartlow Brother’s Inc. and the City of Rushville shall
    perform laboratory analysis as required in their
    respective permits.
    5. Within 10 days of the date of the Board’s Order,
    Petitioners shall execute a Certificate of Acceptance
    and Agreement which shall be sent to Mark T. Books at
    the address indicated above.
    This variance shall be void if Petitioner fails to
    execute and forward the certificate within the ten day
    period. The ten day period shall be held in abeyance
    during any period that this matter is being appealed.
    The form of said Certification shall be as follows:
    CERTI FICATION
    I, (We), Bartlow Brothers Inc. and the City of Rushville,
    having read the Order of the Illinois Pollution Control Board, in
    PCB 88—93, dated June 3, 1988, understand and accept the said
    Order, realizing that such acceptance renders all terms and
    conditions thereto binding and enforceable.
    90—68
    —3--
    Petitioner
    By: Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    ______________
    day of
    _____________,
    1988 by a vote
    of
    1-0
    1~h.
    Dorothy M.~3unn, Clerk
    Illinois Pollution Control Board
    90—69

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