ILLINOIS POLLUTION CONTROL BOARD
    September 19, 2002
     
    SEWARD SANITARY DISTRICT,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-29
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On September 17, 2002, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board grant a 45-day provisional variance to the Seward Sanitary District
    (District) beginning on September 17, 2002. The provisional variance is requested from the
    effluent limits for chemical biological oxygen demand (CBOD) and total suspended solids (TSS)
    stated in the District’s National Pollutant Discharge Elimination System (NPDES) permit would
    allow the District to inspect and repair two potential leaks in one of its lagoon cell dike walls at
    its facility located in the SW 1/4 of Section 21, T26N R10E in Seward Township, Winnebago
    County. The Agency states that failure to grant the provisional variance would impose an
    arbitrary or unreasonable hardship on the District.
     
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2000)) provides:
     
    The Board shall grant provisional variances, only upon notification from the
    Agency that compliance on a short term basis with any rule or regulation,
    requirement or order of the Board, or with any permit requirement would impose
    an arbitrary or unreasonable hardship. Such provisional variances shall be issued
    within 2 working days of notification from the Agency. 415 ILCS 5/35(b) (2000);
    see also
    35 Ill. Adm. Code 104.302.
     
    A provisional variance lasts for no more than 45 days, but the Board can extend the time period
    up to an additional 45 days on the Agency’s recommendation. Provisional variances granted to
    one person cannot exceed a total of 90 days during any calendar year. 415 ILCS 5/36(c) (2000);
    35 Ill. Adm. Code 104.308.
     
    The Board grants the District a provisional variance from its effluent limits stated in its
    NPDES permit, subject to the following conditions:
     
    1. This variance shall begin on September 17, 2002, and continue for 45 days until
    November 1, 2002, or until completion of the project, whichever occurs earlier.
     
     
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    2. During the 45-day variance period, the District will not exceed a CBOD limit of
    50 mg/l and a TSS limit of 80 mg/l.
     
    3. The District shall complete the inspection and repair related work on its lagoon
    system as expeditiously as possible. During the provisional variance period, the
    District shall operate the facility in such a manner so as to produce the best
    effluent practicable.
     
    4. The District shall continue to monitor and maintain compliance with all other
    parameters and conditions specified in NPDES permit No. ILG580138.
     
    5. The District shall notify Jay Balmer of the Agency by telephone at 217/782-9720
    when repairs are complete. Written confirmation shall be sent within five days to
    the following address:
     
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section
    Attention: Jay Balmer
    1021 North Grand Ave. East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    IT IS SO ORDERED.
     
    If the District chooses to accept this provisional variance, it must execute a Certificate of
    Acceptance of all terms and conditions of this provisional variance and, within 10 days after the
    date of the above order, forward the executed certificate to the Agency at the above address. The
    form of the certificate is as follows:
     
    CERTIFICATE OF ACCEPTANCE
     
    The District accepts and agrees to be bound by all terms and conditions of
    the Pollution Control Board’s September 19, 2002 order in PCB 03-29.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
     
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    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 19, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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