ILLINOIS POLLUTION CONTROL BOARD
February 4, 1999
GALESBURG SANITARY DISTRICT,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 99-96
(Provisional Variance - Water)
ORDER OF THE BOARD (by C.A. Manning):
On February 2, 1999, the Illinois Environmental Protection Agency (Agency) filed a
motion to “correct” the Board’s order of January 7, 1999 granting a provisional variance to
the Galesburg Sanitary District. The Agency’s motion acknowledges that the Board’s order
correctly incorporates the substance of the Agency recommendation. However, the Agency’s
motion seeks to amend the Agency’s recommendation, and to have the Board order amended
consistent therewith. The amendment involves specifying applicability of alternative effluent
limits to discharges less than 22 million gallons per day (mgd) and adding a cap of 22 mgd to
the wastewater treatment plant’s peak flow during the variance period.
The motion is granted. For the parties’ convenience, the operative portion of the
January 7, 1999 order as amended today is set out in its entirety below.
The Board grants the petitioner a provisional variance from the limits for effluent
discharges from its wastewater treatment plant as set forth in 35 Ill. Adm. Code 304.141(a)
and 304.207(a). The provisional variance shall begin when the first stage treatment is
removed from service to effect repairs and shall expire on April 30, 1999, or after 45 days
have elapsed, or when the repairs are completed and the biological process restored, whichever
occurs first, subject to the following conditions:
1.
During the variance period, the effluent from petitioner’s wastewater treatment
plant shall not exceed the concentrations of 40 milligrams/liter (mg/l) for
carbonaceous biochemical oxygen demand and 50 mg/l of total suspended solids
as a monthly average limitation. Peak flow from the plant shall not exceed 22
mgd.
2.
Petitioner shall notify Kenneth B, Newman of the Agency’s Peoria regional
office by telephone at 309/693-5463 when it removes the first stage treatment
from service, and when the first stage treatment is returned back to service.
Written confirmation shall be sent within five days to the following address:
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Illinois Environmental Protection Agency
Bureau of Water - Compliance Assurance Section
Attention: Erin Rednour
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
3. Petitioner shall return the first stage treatment to service as expeditiously as
possible and operate its wastewater treatment facility during the term of this
variance in a manner that assures best effluent practicable.
4. Petitioner shall continue to monitor and maintain compliance with all other
parameters in National Pollutant Discharge Elimination System Permit No.
IL0023141.
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 99-96 dated January 7, 1999, as
amended February 4, 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 4th day of Februry 1999 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board