ILLINOIS POLLUTION CONTROL BOARD
    April
    4,
    1985
    CITY OF CARLYLE,
    Petitioner,
    v,
    )
    PCB 84—171
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by 3.
    Marlin):
    This matter comes before the Board upon
    a petition for
    variance extension filed by the City of Carlyle
    (City) on
    November
    19,
    1984 and amended on January
    9,
    1985
    in response to a
    November
    21,
    1984 Board Order.
    The City requests
    a variance from
    the
    15 mg/i total suspended solids
    (TSS)
    effluent standard of
    35
    Ill. Adm. Code 304.124(a)
    for its drinking water treatment plant
    (WTP)
    discharge
    to the Kaskaskia River.
    The present variance
    expires October
    1,
    1985.
    The Agency filed
    its recommendation
    on
    February
    7,
    1985.
    The Agency objected to grant of variance.
    The
    objection was not timely pursuant to Section 37 of
    the
    Environmental Protection Act
    (Act) and
    35
    Ill. Adm.
    Code
    104.141.
    The City waived hearing and none was held.
    A more
    thorough,
    factual and historical background of the case is
    contained
    in the prior Opinion and Order
    in PCB 82—35,
    47 PCB 265
    (June 10,
    1982) which,
    along with the record,
    is incorporated
    into this proceeding.
    The City’s proposed structural solution to
    its sludge
    disposal problem was to construct sludge lagoons,
    a lift station
    and force main.
    The site
    it chose
    is
    a park with three ponds.
    Under the plan,
    two ponds will be drained and modified
    to act
    as
    sludge lagoons.
    The total project cost
    is cited
    as $246,000
    (Am.
    Pet,
    at
    4).
    The capital cost averaged over ten years at eleven
    percent interest,
    is $41,800
    (Am. Pet.
    at
    5).
    Operation and
    maintenance costs are estimated at $15,000 annually.
    The
    facility will cost the average user $2.50 per month
    (Id.)
    According to the City’s figures,
    the City discharges
    a
    maximum flow of 14,550 gallons per day of backwash water and
    190,000 gallons per month of settling tank sludge with solids
    concentrations
    of
    378 mg/i and 1100 mg/i,
    respectively
    (Am.
    Pet.
    at
    6).
    The low flow
    in the river
    is 41 cubic feet per second.
    The dilution ratio
    is
    16 to
    1
    (Id.).
    83-291

    2
    During the term of
    the prior variance,
    the capacity of the
    water treatment plant was expanded
    from one million gallons per
    day
    (MGD) to 1.5 MGD to provide water
    to the homes
    in the Hoffman
    District where wells had excessive total coliform and nitrates.
    The variance was conditioned on the ability of the City to meet a
    two phase plan.
    The first phase included construction of a water
    distribution system for the District, which was financed by the
    Farmers Home Administration (FmHA) for $1,660,000,
    The second
    phase provided for sludge treatment at the WTP by the end of the
    variance period.
    On or about September
    23, 1983,
    the City submitted the
    identification of
    a sludge control site
    (a park with three
    existing ponds),
    the results of
    a soils investigation of the site
    and the preliminary costs of the proposed project.
    The City
    spoke
    to the Agency
    in March 1984 about the possibility of site—
    specific relief.
    The City had a specific compliance timetable
    to meet
    in
    PCB 82—35.
    Contracts were to be let by December 31, 1984 and
    construction
    to begin by February 1,
    1985.
    The Cityes proposed
    timetable in its amended petition has contract letting on
    November
    30, 1986 and construction beginning on December
    15,
    1986.
    Apparently,
    the City has determined
    to study
    the
    environmental impact
    of sludge discharge
    to the Kaskaskia before
    it complies with the timetable ordered by the Board in PCB 82—
    35.
    This decision was reached more than one year after
    the
    September
    21, 1983 date when the PCB 82—35 project should have
    proceeded pursuant
    to Board Order.
    This year delay
    is reflected
    in the timetable presented to the Board
    in the amended petition
    (Am. Pet,
    at 8).
    No reason
    for this significant delay was
    presented by the
    City..
    After
    its meeting with the Agency in
    March 1984 regarding the
    feasibility of
    filing for site—specific
    relief,
    the City should have known that it would need an
    environmental study.
    Instead of taking timely action, the City
    waited
    an additional eight months to file for variance extension,
    claiming that
    it needed fifteen more months
    to study the impact
    on
    the riveririe environment, prior
    to filing
    for site—specific
    relief.
    If the City had taken prompt action,
    the study would
    have been well underway by the end of 1984.
    The City asserts
    that an arbitrary or unreasonable hardship
    would exist
    if
    it had
    to comply with
    the TSS effluent standard
    after September 30,
    1985.
    It cites
    the economic impact study
    (EcIS,
    Doc. No,
    83/03)
    in the Alton site—specific regulatory
    proceeding, R82—3
    (See 54 PCB 185, 56 PCB 47)
    as support for its
    hardship claim:
    mainly,
    that the cost to comply imposes a
    hardship when compared
    to the “...probable nonexistent detriment
    to the environment of
    the Kaskaskia River..,by allowing the
    continuation of present sludge disposal methods,”
    (Am. Pet, at
    7).
    83-292

    3
    The Board notes that the Alton case was unique on its
    facts.
    Among other things,
    the Board notes
    that the dilution
    ratio
    in
    the Kaskaskia
    is substantially less than that of the
    Mississippi River.
    The City provides
    little information to support
    its
    contention that treating the discharge would
    be an economic
    hardship.
    The proposed project
    is technically feasible and will
    cost about
    $2.50 per user per month.
    The approximate
    costs of
    compliance was known when the City agreed to the original two
    phase project.
    The
    City has failed to provide the Board with any
    compelling
    reascn why the expenditures that were agreed
    to
    in PCB
    82—35 should no~~e considered
    as constituting
    an arbitrary or
    unreasonable hardship.
    Indeed,
    any hardship incurred due
    to
    rising costs or changing conditions
    is self—imposed
    in so far as
    the Ci~yhas delayed phase
    two without explanation.
    Data on the environmental impact of the grant of variance
    is
    sorely lacking
    in the petition as
    it was
    in the PCB 82—35
    petition.
    The City concludes that there would be
    a “nonexistent
    detriment
    to the environment”
    if the variance were granted yet
    asks for time “to conduct a study to determine the impact of
    its
    discharge on the River.”
    (Am. Pet
    at
    7).
    The Agency states that
    TSS poses a threat to fish by impairing their respiration,
    feeding, growth and reproduction; and impairs photosynthesis and
    respiration of other aquatic biota
    (Ag. Rec. at 4,5).
    The
    extension of this variance cannot
    be justified by conciusory
    allegations of no environmental detriment.
    No environmental data
    were submitted by the City
    in connection with the instant
    petition and no data were submitted
    in connection with the
    original petition.
    The Board
    finds that the City has failed
    to justify
    its
    request for variance extension or to show that an aribitrary or
    unreasonable hardship would result
    if
    it complied with the
    standard.
    Therefore,
    the Board denies the City’s request
    for an
    extension of
    its variance from the TSS effluent standard of
    35
    Ill, Adm. Code 304.124(a).
    This Opinion constitutes
    the Board’s findings
    of fact and
    conclusions
    of law in this matter.
    ORDER
    The City of Carlyle
    is hereby denied
    a variance for
    its
    water treatment plant from the TSS effluent standard of
    35
    Ill.
    Adm. Code 304.124(a).
    IT IS SO oRDERED.
    63-293

    4
    I,
    Dorothy M. Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    ‘~/~-
    day of
    ____________________,
    1985
    byavoteof
    ____________
    Dorothy M. Gunn,
    Clerk
    Illinois Pollution Control Board
    63-294

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