ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1999
    KINCAID GENERATION, L.L.C.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 00-20
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 4, 1999, the Illinois Environmental Protection Agency (Agency) filed a request for a provisional
    variance and notification of recommendation. The Agency recommends that the Board grant
    Kincaid Generation,
    L.L.C. (petitioner) located in Christian County, Illinois, a 45-day provisional variance. The provisional variance
    would allow petitioner relief from its current thermal discharge limitations for its electrical generating station
    thereby allowing petitioner additional hours in which the plant’s discharge may be in the temperature band over
    99 degrees Fahrenheit and under 111 degrees Fahrenheit, for the period beginning when the current permitted 613
    hours for discharge expire. In making its recommendation, the Agency states that failure to grant the requested
    provisional variance will result in an arbitrary or unreasonable hardship.
    The Board grants petitioner a provisional variance from: (1) 35 Ill. Adm. Code 303.502 and 304.141(a) and
    (c); and (2) petitioner’s National Pollutant Discharge Elimination System (NPDES) Permit No. IL0002241. 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 (Act) (415 ILCS 5/35(b) (1998)), the Board must issue the
    provisional variance within two days of the filing.
    The Board grants the provisional variance for the period beginning when the currently authorized 613
    excursion hours over 99 degrees Fahrenheit have been used, continuing for 45 days, subject to the following
    conditions:
    1.
    The term of this provisional variance shall commence upon the date during 1999 that petitioner
    completes use of the presently allowed 613 hours for discharge over 99 degrees Fahrenheit, as
    established by petitioner’s current NPDES Permit No. IL0002241, and shall continue for 45 days.
    At no time shall petitioner’s effluent temperature exceed 111 degrees Fahrenheit.
    2.
    During the term of this provisional variance, whenever discharge temperatures exceed 99
    degrees Fahrenheit, the Kincaid Generation Station shall be operated in such a manner as to
    allow only essential electrical production needs to be maintained.
    3.
    Petitioner shall notify Tim
    Zook of the Agency’s Springfield regional office at the start of the
    usage and completion of usage by telephone at 217/786-6892. Petitioner shall confirm this notice
    in writing within five days to the address noted in paragraph 4 below. Petitioner shall also
    continue to meet the additional effluent limits as specified in its NPDES Permit No. IL002241; and
    4.
    During the term of this provisional variance, petitioner shall document environmental
    conditions. Intake and discharge temperatures will be continuously monitored. Also, visual
    inspection of the intake and discharge areas shall be performed by station personnel at least three
    times per day during the variance period to assure that no significant fish mortalities result. A
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    written summary of this data shall be submitted to the Agency within 30 days after the variance
    period is completed. This information shall be sent to the following address:
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section #19
    Attention: Susan Davison
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    5.
    Petitioner shall operate the facility in such a manner so as to produce the best effluent practicable.
    Petitioner shall sign a certificate of acceptance of this provisional variance and forward that certificate to
    the Agency at the same address listed in the condition 4 above within ten days of the date of this order. The
    certification shall take the following form:
    3
    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
    00-20 dated August 5, 1999.
    _____________________________________
    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 5th day of August 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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