ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
    DYNEGY MIDWEST GENERATION, INC.,
    (BALDWIN POWER STATION),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-234
    (Provisional Variance - Water)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 18, 2003, the Illinois Environmental Protection Agency (Agency) recommended
    that the Board grant a 45-day provisional variance to Dynegy Midwest Generation, Inc.
    (Dynegy). The provisional variance from 35 Ill. Adm. Code 304.141(a) and the effluent limits in
    National Pollutant Discharge Elimination System (NPDES) Permit No. IL000004 as they apply
    to total suspended solids for Outfall 001 would allow Dynegy to dredge the secondary cell of its
    ash pond wastewater treatment system at its coal-fired generating station located near Baldwin in
    St. Clair and Randolph Counties. The Agency states that failure to grant the provisional variance
    would impose an arbitrary or unreasonable hardship on Dynegy.
     
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2002)) provides:
     
    The Board shall grant provisional variances, only upon notification from the
    Agency that compliance on a short-term basis with any rule or regulation,
    requirement or order of the Board, or with any permit requirement would impose
    an arbitrary or unreasonable hardship. Such provisional variances shall be issued
    within two working days of notification from the Agency. 415 ILCS 5/35(b)
    (2002);
    see also
    35 Ill. Adm. Code 104.302.
     
    A provisional variance lasts for no more than 45 days, but the Board can extend the time period
    up to an additional 45 days on the Agency’s recommendation. Provisional variances granted to
    one person cannot exceed a total of 90 days during any calendar year. 415 ILCS 5/36(c) (2002);
    35 Ill. Adm. Code 104.308.
     
    The Board grants Dynegy a provisional variance from 35 Ill. Adm. Code 304.141(a) and
    the effluent limits in NPDES Permit No. IL000004 as they apply to total suspended solids for
    Outfall 001, subject to the following conditions:
     
    1. This variance will begin on June 16, 2003, and continue for forty-five (45) days
    from that date or until completion of the project, whichever occurs earlier.
     
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    2. During the variance period, Dynegy must meet the monthly average effluent
    concentration limits of 50 mg/l for total suspended solids.
     
    3. Dynegy must complete the dredging and repair related work on the secondary cell
    of its ash pond system as expeditiously as possible. During the provisional
    variance period, Dynegy must operate the facility in such a manner so as to
    produce the best effluent possible.
     
    4. Dynegy must continue to monitor and maintain compliance with all other
    parameters and conditions specified in NPDES Permit No. IL0022403.
     
    5. Dynegy must notify Barb Conner of the Illinois Environmental Protection Agency
    by telephone at (217) 782-9720 when repairs on the wastewater treatment system
    are completed. Written confirmation must be sent within five (5) days to the
    following address:
     
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance
    1021 North Grand Ave., East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    Attn: Barb Conner
     
    6. Within ten (10) days of the date of the Board’s order, Dynegy must execute a
    Certificate of Acceptance and agreement that must be sent to Barb Conner at the
    address indicated above.
     
      
    IT IS SO ORDERED.
     
    If Dynegy chooses to accept this provisional variance, it must execute a Certificate of
    Acceptance of all terms and conditions of this provisional variance and, within ten days after the
    date of the above order, forward the executed certificate to the Agency at the above address. The
    form of the certificate is as follows:
     
    CERTIFICATE OF ACCEPTANCE
     
    Dynegy Midwest Generation, Inc. (Baldwin Power Station) accepts and
    agrees to be bound by all terms and conditions of the Pollution Control Board’s
    June 19, 2003 order in PCB 03-234.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
     
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    ______________________________________
    Date
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 19, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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