ILLINOIS POLLUTION CONTROL BOARD
    September 23, 1999
    CITY OF GRANITE CITY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 00-47
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 21, 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 Madison County petitioner to complete structural
    repairs to the combined overflow treatment system (COT) 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 the effluent limits set forth in 35 Ill.
    Adm. Code 304.121(a), 304.125(a), and 304.141(a) and National Pollutant Discharge Elimination System (NPDES)
    Permit No. IL0033481. 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 is granted, subject to the following conditions:
    1.
    The variance shall begin October 3, 1999, if an intense storm occurs during the construction on the
    COT that would require flows to be bypassed through the 84” and 108” river gates, and continue
    for 45 days from the date of such an overflow event.
    2.
    Petitioner shall operate the facility in such a manner so as to produce the best effluent practicable.
    3.
    Petitioner shall notify Barb
    Conner of the Agency by telephone at 217/782-9720 if bypassing of
    the COT flows is required and when repairs on the wastewater treatment facility are 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: Barb Conner
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    Petitioner shall sign a certificate of acceptance of this provisional variance and forward that
    certificate to Barb Conner at the address indicated above within ten days of the date of this order.
    The certification should take the following form:
    2
    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
    00-47 dated September 23, 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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 23rd day of September 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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