ILLINOIS POLLUTION CONTROL BOARD
    June 2, 1988
    CITY OF FULTON,
    )
    Petitioner,
    v.
    )
    PCB 88—94
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):
    This provisional variance request comes before the Board
    upon the June 1, 1988, Agency Recommendation of the Illinois
    Environmental Protection Agency (Agency). The Agency recommends
    that a 45 day variance be granted to the City of Fulton pursuant
    to 35 Ill..
    Adrn.
    Code 304.141 to allow Fulton to replace equipment
    in order to meet NPDES effluent limits.
    After investigation of Fulton’s request, the Agency
    concluded that denial of the provisional variance petition would
    constitute an arbitrary and unreasonable hardship. The Agency
    recommends that the provisional variance be granted for a period
    of 45 days or June 30, 1988 whichever occurs first, subject to
    certain conditions.
    Pursuant to Section 35(b) of the Illinois Environmental
    Protection Act (Act), the Board hereby grants the provisional
    variance as recommended. This Opinion constitutes the Board’s
    findings of fact and conclusions of law in this matter.
    ORDER
    The City of Fulton, is hereby granted a provisional variance
    from 35 Ill. Adm. Code 304.141 subject to the following
    conditions:
    1. Variance shall commence upon the initiation of
    bypassing of the third rotating biological contactor
    and continue for a period of 45 days or June 30, 1988
    whichever occurs first.
    2. Petitioner shall notify Joe Subsits of the Agency’s
    Rockford Regional Office via Telephone at 815/987—7755
    when bypassing of the third RBC unit is begun and when
    the replacement work to the packed bed reactors is
    completed. Written confirmation of each notification
    shall be sent within 5 days to:
    90—71
    —2—
    Illinois Environmental Protection Agency
    4302 North Main Street
    Rockford, Illinois 611103
    ATTN: Joe Subsits
    Illinois Environmental Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794—9276
    ATTN: Mark T. Books
    3. Petitioner shall monitor the effluent from its
    treatment plant for the parameters as listed in NPDES
    permit IL0028860.
    4. During this variance the effluent from Petitioners
    wastewater plant shall be limited to 120 mg/l BOD and
    80 mg/l TSS as 30 day averages.
    5. During this provisional variance Petitioner shall
    operate its wastewater treatment facility so as to
    produce the best effluent practicable. Additionally,
    Petitioner shall perform the necessary replacement work
    at the plant as expeditiously as possible so as to
    minimize
    the period of time that that portion of the
    plant is out of service.
    6. Within 10 days of the date of the PCB Order, Petitioner
    shall execute and submit a Certificate of Acceptance
    and Agreement 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), The City of Fulton, having read the Order of the
    Illinois Pollution Control Board, in PCB 88—94, dated June 2,
    1988, understand and accept the said Order, realizing that such
    acceptance renders all terms and conditions thereto binding and
    enforceable.
    90—72
    —3—
    Petitioner
    Title
    IT IS SO ORDERED
    By: Authorized Agent
    Date
    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
    Qt-.-,...&.
    ,
    1988 by a vote
    7-0
    Dorothy £4. Gunn, Clerk
    Illinois Pollution Control Board
    of
    C,
    90—73

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