ILLINOIS POLLUTION CONTROL BOARD
    April 15, 1982
    VIE~LAGE
    OF HANOVER,
    )
    Petitioner,
    v.
    ) PCB 82—44
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    OPIt~IONAND ORDER OF THE BOARD (by Jacob D. Dumelle):
    On April 15, 1982 the Illinois Environmental Protection
    Agency (Agency) filed a recommendation that the Village of
    Hanover be granted a provisional variance from Rule 404 of
    Chapter 3: Water Pollution. The Agency has concluded that
    short—term compliance with that rule would impose an arbitrary
    or unreasonable hardship on Hanover, and that a failure to grant
    the requested provisional variance might, in fact, cause greater
    environmental harm than if it were granted.
    Therefore, pursuant to Section 35(b) of the Environmental
    Protection Act, the Board will grant this provisional variance.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Board hereby grants a provisional variance to the City
    of Hanover from the limitations of Rule 404 of Chapter 3: Water
    Pollution for a period of 45 days from the date of this Order,
    subject to the following conditions:
    1. Hanover shall notify the Agency’s Regional Office when
    discharge begins and ends from the lagoon. Notification shall be
    made to:
    Illinois Environmental Protection Agency
    4302 North Main Street
    Rockford, Illinois 61103
    (815/987—7755)
    46—119
    —2—
    2. Hanover shall complete drainage of the lagoon within a
    3 week period or June 1, 1982, whichever occurs first, No
    direct discharge from the lagoon shall be allowed thereafter.
    3. Hanover shall take daily grab samples for HOD and TSS
    and submit the results within 7 days after the end of each
    week of discharging.
    4, Hanover shall execute a certification of acceptance
    and agreement to be bound by the terms and conditions of the
    variance within 15 days of the date of this Order. This
    certificate shall be in the following form:
    CERTIFICATION
    I, (We)
    ,
    having read the
    Order of the Illinois Pollution Control Board in PCB 82-44 dated
    April 15, 1982, understand and accept said Order, realizing that
    such acceptance renders all terms and conditions thereto binding
    and enforceable,
    Petitioner
    By: Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board hereby certify that the abov Opinion and Order
    were adopted oz~ the
    ~
    day of
    _______,
    1982
    byavoteof ~~__O
    Christan L, Moffettç~ rk
    Illinois Pollution Con rol Board
    46—120

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