ILLINOIS POLLUTION CONTROL BOARD
    November 5, 1998
    CITY OF DUQUOIN,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-58
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 4, 1998, 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 Perry County petitioner to repair the primary trickling filter 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 limits for ammonia
    nitrogen
    ,
    five-day carbonaceous biochemical oxygen demand (CBOD), and total suspended
    solids (TSS) set forth in
    35 Ill. Adm. Code 302.212,
    304.141(a) and 304.120. 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) (1996)), the Board must issue the provisional variance within two days of the filing.
    The provisional variance shall begin on October 7, 1998 and end on November 21,
    1998, subject to the following conditions:
    1.
    During the variance period, petitioner shall meet the monthly average effluent
    concentration limit of 30 milligrams/liter (mg/l) and daily maximum
    concentration limits of 45 mg/l for CBOD and TSS. The ammonia nitrogen
    limitations during the variance shall be 15 mg/l, as a monthly average, and 20
    mg/L, as a daily maximum. Petitioner shall sample for these parameters three
    days per week.
    2.
    Petitioner shall notify Barb Conner of the Agency’s Springfield regional office
    by telephone at 217/782-9720 when repairs on the wastewater treatment plant
    2
    are completed. Written confirmation 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
    3.
    During the variance period, petitioner shall operate its wastewater treatment
    facility to produce the best effluent practicable.
    4.
    Petitioner shall sign a certificate of acceptance of this provisional variance and
    forward that certificate to the Agency 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 99-58 dated November 5, 1998.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) 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.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 5th day of November 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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