ILLINOIS POLLUTION CONTROL BOARD
August 19, 1999
VILLAGE OF LIBERTYVILLE,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
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PCB 00-29
(Provisional Variance - Water)
ORDER OF THE BOARD (by C.A. Manning):
On August 17, 1999, the Illinois Environmental Protection Agency (Agency) filed a request for a
provisional variance and notification of recommendation. The Agency recommends that the Board grant a 45-day
provisional variance. The provisional variance would allow this Lake County petitioner to complete repair work
on the excess flow lagoon 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 from the five-day biochemical oxygen demand and
suspended solids limits set in 35 Ill. Adm. Code 304.141(a) and 35 Ill. Adm. Code 304.120, and imposed by National
Pollutant Discharge Elimination System (NPDES) Permit No. IL0029530. 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) (1998)), the Board must issue the provisional variance within two days of the
filing.
The provisional variance shall begin on a date in 1999, subject to the following conditions:
1.
The variance shall begin on the date in 1999 when petitioner begins bypassing the excess flow
from the lagoon while work is completed on the excess flow facility and shall continue for 45
days or until the repair work is completed, whichever occurs first. Petitioner may bypass only
during significant rainfall events.
2.
Petitioner shall notify Chris
Kallis of the Agency’s Maywood regional office by telephone at
708/338-7900 at the commencement and completion of the utilization of this provisional
variance. Petitioner shall also continue to meet the additional effluent limits contained in its
NPDES Permit No. IL0029530. 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
3.
Petitioner shall operate its wastewater treatment facility during the term of this variance in a
manner that assures best effluent practicable and shall provide full treatment to the maximum
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amount of flow possible. Petitioner shall also complete the lagoon rehabilitation as
expeditiously possible.
Petitioner shall sign a certificate of acceptance of this provisional variance and forward that certificate to
Susan Davison at the address indicated above 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
00-29 dated August 19, 1999.
______________________________________
Petitioner
______________________________________
Authorized Agent
______________________________________
Title
______________________________________
Date
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) 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 19th day of August 1999 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
