ILLINOIS POLLUTION CONTROL BOARD
    December 2, 1999
    ENVIROFIL OF ILLINOIS, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-91
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 30, 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 McDonough County
    petitioner to discharge groundwater associated with a landfill into an unnamed tributary of the LaMoine
    River, pending approval of petitioner’s National Pollutant Discharge Elimination System Permit for the
    landfill’s corrective action system. Petitioner was previously granted a provisional variance in Envirofil
    of Illinois, Inc. v, IEPA (October 7, 1999), PCB 00-64 which expired on November 13, 1999. 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 discharge
    limits set forth in 35 Ill. Adm. Code 304.141(b). 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 (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 on November 22, 1999, and continue for 45 days.
    2.
    During the provisional variance period, petitioner shall operate its treatment collection
    system in such a manner so as to produce the best effluent practicable. Petitioner shall
    meet the following limits from the discharge of Stage #1 biofilter, prior to discharge into
    biofilter #2:
    2
    Effluent Limitations and Monitoring
    Concentration Limits mg/l
    30 day
    Daily
    Sample
    Sample
    Average
    Maximum
    Frequency
    Type
    Measure when monitoring
    BOD
    5
    10
    20
    3/week
    grab
    Total Suspended Solids
    12
    24
    3/week
    grab
    Barium
    2.0
    4.0
    1/week
    grab
    Iron (dissolved)
    1.0
    1/week
    grab
    Manganese
    1.0
    1/week
    grab
    Chromium
    0.347
    2.0
    1/week
    grab
    Chloroethane
    1
    13
    1/week
    grab
    1,1 Dichloroethylane
    2
    20
    1/week
    grab
    1,2 Dichloroethylene
    1.1
    14
    1/week
    grab
    Trichloroethylene
    0.94
    12
    1/week
    grab
    Vinyl Chloride
    4
    40
    1/week
    grab
    Methylene Chloride
    1.4
    17
    1/week
    grab
    Ammonia (as N):
    April-October
    1.5
    8.3
    1/week
    grab
    November-March
    2.8
    9.8
    1/week
    grab
    In addition to the above limits, pH shall be sampled 1/week and shall be in the range of
    6.0 to 9.0. The volatile organic compounds (VOCs) identified above shall be sampled
    prior to the discharge. If VOCs are detected in the groundwater above the limits
    identified above, the petitioner shall not discharge the groundwater.
    3.
    Petitioner shall notify Lyle Ray of the Agency’s Peoria regional office by telephone at
    309/693-5463 when the groundwater is discharged from Stage #1 biofilter and when
    the discharge is completed. Written confirmation of each notice shall be sent within five
    days to the following address:
    3
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section
    Attention: Mark T. Books
    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 Mark T. Books 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 00-91 dated December 2, 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 2nd day of December 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    4

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