ILLINOIS POLLUTION CONTROL BOARD
    January 21, 1999
    CITY OF HILLSBORO,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-105
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 20, 1999, the Illinois Environmental Protection Agency (Agency) filed a
    request for a provisional variance and notification of recommendation. This request seeks
    extension of the provisional variance granted in PCB 99-49 on October 1, 1998. The Agency
    recommends that the Board grant a 45-day provisional variance. The provisional variance
    would allow this Montgomery County petitioner to replace the existing tertiary filters at its
    wastewater treatment plant. 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 extension from PCB 99-49 and
    the five-day biochemical oxygen demand (BOD5) and total suspended solids (TSS) limits,
    found in 35 Ill. Adm. Code 304.141(a) and 35 Ill. Adm. Code 304.120 and imposed by
    National Pollutant Discharge Elimination System Permit (NPDES) No. IL0029203. 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) (1996)), the Board must issue the provisional variance within two
    days of the filing.
    The provisional variance shall be subject to the following conditions:
    1.
    The variance shall begin on January 7, 1999, and shall continue for 45 days
    thereafter until the installation of the new filters and training of the wastewater
    treatment staff is completed, whichever occurs first.
    2.
    During the variance period, petitioner shall meet the monthly average effluent
    concentration limit of 15 milligrams/Liter (mg/L) and daily maximum
    concentration limit of 30 mg/l for CBOD5 and daily maximum effluent
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    concentration limit of 45 mg/L for TSS. Petitioner shall also continue to meet
    the additional effluent limits contained in its NPDES Permit No. IL0029203.
    3.
    Petitioner shall notify John Wells of the Agency’s Springfield regional office by
    telephone at 217/786-6892 when replacement of the filter system is completed.
    Written confirmation of each notice shall be sent within five days to the
    following address:
    Illinois Environmental Protection Agency
    Bureau of Water - Compliance Assurance Section
    Attention: Susan Davison
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    Petitioner shall operate its wastewater treatment facility during the term of this
    variance in a manner that assures best effluent practicable.
    5.
    Petitioner shall sign a certificate of acceptance of this provisional variance and
    forward that certificate to the Agency 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 99-105 dated January 21, 1999.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) 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.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 21st day of January 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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