ILLINOIS POLLUTION CONTROL BOARD
    November 19, 1998
    UNITED STATES DEPARTMENT
    OF THE INTERIOR - CRAB ORCHARD
    NATIONAL WILDLIFE REFUGE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-48
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board on a motion to correct the Board’s order of
    October 1, 1998, filed by respondent on November 2, 1998. The Illinois Environmental
    Protection Agency (Agency) requests that the Board revise the concentration limits for the
    parameter arsenic in the table in paragraph 2 of the order. The Agency requested that the table
    reflect a 30-day average concentration of 0.25 mg/l and a daily concentration of 0.50 mg/l.
    The Board grants complainant’s motion to correct the Board’s October 1, 1998 order.
    For the convenience of the parties, we set forth below the October 1, 1998 order in its entirety
    with the clerical error corrected.
    1
    On September 29, 1998, the 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 the petitioner’s Williamson
    County wastewater treatment plant (WWTP) to treat and discharge one sub-waste stream not
    currently listed in its National Pollutant Discharge Elimination System (NPDES) Permit No.
    IL0004791. This waste stream is approximately 100,000 gallons of water collected in the
    leachate collection system at the petitioner’s Metals Area Operable Unit landfill. 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 effluent discharge limits set
    in 35 Ill. Adm. Code 304.141(b) and 35 Ill. Adm. Code 309.102 which prohibits discharges
    not specifically allowed by NPDES permit, Section 12(f) of the Environmental Protection Act
    1
    The Board notes that petitioner shall again 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, as
    specified in condition 4 of this order.
    2
    (Act) (415 ILCS 5/12(f) (1996)), NPDES Permit No. IL0004791, and the Board’s regulations.
    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 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 a date in 1998, subject to the following
    conditions:
    1. The variance shall begin when the leachate water is pumped to the WWTP and
    continue for 45 days or until the leachate water is pumped to the wastewater
    treatment facility, whichever occurs first.
     
    2. During the variance period, petitioner shall operate its WWTP so as to produce
    the best effluent practicable. Petitioner shall also continue to meet the effluent
    limits contained in its NPDES Permit No. IL0004791. Petitioner shall monitor
    and meet the following additional effluent limits from outfall 001 of the
    WWTP:
    Concentration Limits Milligrams/Liter
    30 Day Average
     
    Daily Maximum
    Arsenic
    0.25
     
    0.50
    Chromium (total)
    1.0
    2.0
    Copper
    0.5
    1.0
    Fluoride
    15
    30
    Lead
    0.2
    0.4
    Manganese
    1.0
    2.0
    Mercury
    -
    0.0005
    Nickel
    1.0
    2.0
    Phenols
    0.3
    0.6
    Phosphorus
    1.0
    2.0
    Silver
    0.1
    0.2
    Zinc
    1.0
    2.0
    3.
    Petitioner shall notify Dwight Hill of the Agency’s Marion regional office by
    telephone at 619/993-7200 when the leachate water is pumped to the WWTP
    and again when pumping of the leachate water 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 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 99-48 dated October 1, 1998, as
    modified on November 19, 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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 19th day of November 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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