ILLINOIS POLLUTION CONTROL BOARD
July 31, 1986
LIBBEY—OWENS-FORD
 COMPANY,
Petitioner,
v.
 )
 PCB
 86—118
ILLINOIS
 ENVIRONMENTAL
 )
PROTECTION
 AGENCY,
 )
Respondent.
OPINION
 AND
 ORDER
 OF
 THE
 BOARD
 (by
 J.
 D.
 Dumelle):
This provisional variance request comes before the Board
upon
 a July 31, 1986
 Recontrnendation of
 the Illinois Environmental
Protection Agency
 (Agency).
 The Agency recommends
 that
 a 7—day
provisional variance be granted
 to the Libbey—Owens—Ford Company
from 35 Ill. Adm. Code 304.141
 to allow
 the discharge
 of waters
which
 are not in compliance with
 its NPDES Permit while
 a 24
 inch
force main
 is repaired and relocated.
The Petitioner owns and operates wastewater treatment
facilities located
 in Ottawa,
 Illinois.
 The
 company’s wastewater
treatment facilities
 include
 “a 24 inch force main across
 the
Illinois River,
 a Parshall flume,
 and
 3 lagoon cells.”
(Rec.
 1).
 The Libbey—Owens—Ford Company glass plants
 *5 and *7
deliver process waste waters and
sanitary
 waste
 waters
 “together
with some surface water through
 a
 24
 inch pipe
 to
 a
lagoon/skimmer type waste treatment system located
 on the
opposite
 (South)
 side
 of the Illinois River from the plants.”
(Pet.
 1).
 Effluent from the Petitioner’s wastewater treatment
facilities
 is
 discharged
 into the Illinois River pursuant
 to the
requisite NPDES Permit authorization.
Because
 of
 recent
 washouts
 of
 the
 supporting
 bank,
 “part
 of
the
 24
 inch pipe running parallel
 to the North bank of the river
and
 located
 about
 ten feet above
 the river
 is
 in
 jeopardy.”
(Pet.
 1).
 The
 Petitioner
 has
indicated
 that
 “this
 part
 should be
relocated onto solid ground very soon.”
 (Pet.
 1).
 Additionally,
as
 a temporary interim measure,
 the Petitioner fitted several
sections of pipe with emergency plugs and scrap seals
 to
eliminate leaks which
 range
 in size from
 a pin hole to about one—
 half inch
 in diameter.
 However,
 the Petitioner has
 indicated
that
 “it
 is unlikely that these repairs will
 last until another
plant shutdown occurs.”
 (Pet.
 1).
 Therefore,
 during
 the time
period of
 the requested provisional variance,
 the Petitioner
intends
 to replace
 the
 sections
 of
 this pipe which have developed
leaks
 that have been temporarily
 repaired.
 (Rec.
 1).
71-466
—2—
Since glass plant
 #7, which contributes
 95
 of the
wastewater flow
 to the Petitioner’s waste treatment system, will
be down for vacation during
 the weeks of July 14, 1986 and
July 21,
 1986,
 the company wants
 to repair and relocate the
24 inch force main during
 the week
 of July 21, 1986.
 (Pet.
 1;
Rec.
 1).
 The Libbey—Owens—Ford Company believes that this
 repair
and relocation work will
 take somewhere between three to
 five
days, and has requested
 a variance for seven days
 (from July 21,
1986 to July 28, 1986) to allow
 for any unexpected contingencies
which may arise during
 the course of the completion
 of
 the
requisite repair work.
 (Pet.
 1—2;
 Rec.
 1).
During the shutdown of the 24 inch force main,
 the
Petitioner believes that there will
 be “little or
 no discharge
from the waste treatment system (outfall 009).”
 (Pet.
 1).
However,
 there may be some discharges of untreated wastewater
from some
 of the collection system stormwater overflow discharge
points.
 (Pet.
 1;
 Rec.
 2).
 The combined total
 of such discharges
directly to the Illinois River are estimated by the Petitioner
 to
be at
 a maximum of
 70 gallons per minute.
 (Pet.
 1;
 Rec.
 2).
 The
company has emphasized that it needs
 the requested provisional
variance relief
 “in order
 to avoid an emergency repair
 during
production operations when waste treatment flows
 range as high as
2.5 MGD.”
 (Pet.
 2;
 Rec.
 2).
The Petitioner
 has stated that there
 is no practical
alternative
 to removing the force main from service in order
 to
facilitate the repair
 and relocation of this 24
 inch line and the
Agency has agreed with the company’s analysis
 of this
situation.
 (Rec.
 2).
 Although there
 is
 a possibility of total
suspended solids and
 fecal coliform excursions from stormwater
overflow points while the
 force main
 is out of service,
 based
 on
information received by the Agency from the company on past
discharges from these outfalls,
 it
 is believed that such small
discharges would
 be minor.
 (Pet. 1—2; Rec.
 2).
The Agency believes that the environmental
 impact of
granting
 the requested relief will
 be minimal because of “the
short duration and small volume
 of these discharges
 in comparison
to the volume
 of the Illinois River
 (average flow upstream at
Marseilles during Water Year
 84 was approximately 5 million
gpm).”
 (Rec.
 2).
The Agency has also indicated that there are no Federal
regulations that would preclude the granting
 of the requested
provisional variance.
 The first downstream public water supply
is located in Peoria,
 Illinois and the Agency has concluded that
there are no downstream public water supplies which would be
adversely affected by the granting of
 the requested relief.
(Rec.
 2).
71-467
—3—
The Petitioner maintains,
 and the Agency believes,
 that
 a
denial
 of the requested provisional variance would create an
arbitrary or unreasonable hardship “because Petitioner plans
 to
repair
 and relocate the force main during
 a period when flows are
reduced
 to prevent having
 to do
 so
 in an emergency situation when
flows will probably be much higher.”
 (Rec.
 2).
The Agency has therefore concluded that compliance on
 a
short—term basis with the applicable standards would impose an
arbitrary or unreasonable hardship upon the Libbey—Owens—Ford
Company.
 (Rec.
 1—2).
 Accordingly,
 the Agency has recommended
that the Board grant
 the Petitioner
 a provisional variance from
35 Ill. Adm. Code 304.141,
 subject to certain conditions.
Pursuant
 to Section 35(b)
 of the Illinois Environmental
Protection Act,
 the Board will grant the provisional variance as
recommended.
This Opinion constitutes
 the Board’s findings of
 fact and
conclusions
 of law
 in this matter.
ORDER
The Petitioner,
 the Libbey-Owens-Ford Company,
 is hereby
granted
 a provisional
 variance from 35 Ill. Adm. Code 304.141 to
allow
 the discharge of waters which
 are not
 in compliance with
its NPDES Permit while
 its force main
 is repaired and relocated,
subject
 to the following conditions:
1.
 The provisional variance shall commence on July 21,
 1986,
 and continue until July 28,
 1986,
 or until
the force main
 is returned
 to service, whichever
occurs
 first.
2.
 Any discharges which
 occur from the stormwater
overflow points
 shall
 be monitored by collecting a
manual
 composite sample each day during
 the
provisional variance period and analyzing the
composite sample
 for BOD, TSS,
 and fecal
coliform.
 The results
 of these analyses shall be
submitted to the Agency with the July,
 1986
discharge monitoring
 report.
3.
 During the provisional variance period,
 the
/
 Petitioner
 shall operate its facilities
 so as to
minimize the discharge of untreated wastes.
4.
 Within 10 days of the date of the Board’s Order,
the Petitioner shall execute
 a Certification of
Acceptance and Agreement which shall be sent to
Mr. James Frost of the Agency at the following
address:
71-468
—4—
Mr.
 James
 Frost
Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Churchill Road
Springfield, Illinois
 62706
This certification shall have
 the following form:
I,
 (We),
_______________________________,
 having read the
Order
 of the Illinois Pollution Control Board
 in PCB 86—118 dated
July 31, 1986, understand and accept
 the said Order,
 realizing
that such acceptance renders all terms
 and conditions thereto
binding and unenforceable.
Petitioner
By:
 Authorized Agent
Title
Date
IT IS SO ORDERED.
I, Dorothy
 M.
 Gunn,
 Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opin4on and Order was
adopted
 on
 the
____________
 day
 of
____________________,
 1986
 by
 a
vote
 of
 __________________.
 ~/
 /
/7(11
 ~
IDorothy M.
 Gunr?, Clerk
Illinois Pollution Control Board
71.469