ILLINOIS POLLUTION CONTROL BOARD

October

10,

1985

CITY OF ALBION,

Petitioner,

v.

)

PCB 85—152

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by W.

3.

Nega):

This provisional variance request conies befote

the Board

upon

an October

9,

1985 Recommendation of the Illinois

Environmental Protection Agency (Agency).

The Agency recommends

that

a 43—day provisional variance be granted

to the City of

Albion (Albion)

from 35

Iii. Adm.

Code 304.141(a)

to allow

the

Petitioner

to bypass the trickling filter

in its wastewater

treatment facility (WWTP) during

the time period that repairs

to

the filter

are

in progress.

(Rec.

2).

The City of Albion, which has a population of about

1,800,

is

the county seat of Edwards County,

Illinois.

The Petitioner

owns

and operates a wastewater treatment plant which has

a design

average flow of

0.20 million gallons per day

(MGD)

and consists

of

an influent wet well,

bar screen,

trickling

filter,

Imhoff

tank:

two stage lagoon, -final clarifier, polishing pond, and

chlorination.

Albion’s WWTP discharges

its effluent to Butter

Creek

which

is tributary to

the Little wabash River pursuant

to

its NPDES Permit #1L0027405.

(Rec.

1—3).

The Petitioner’s NPDES Permit provides

that the city’s

wastewater treatment facilities must meet effluent limitations

ot

10 milligrams per liter

(mg/I)

for biochemical oxygen demand

(BOD)

and

12 mg/i for total

suspended solids

(TSS)

as

30 day

averages.

(Rec.

1).

During

the past year,

the Petitioner’s discharge monitoring

reports

to the Agency pertaining to BOD and TSS

in its effluent

have indicated

the following concentrations:

86-61

---

—2—

Month

Flow

(MGD)

BOD

(mg/i)

TSS

(mg/i)

July,

1985

0.2

9.7

11.1

June,

1985

0.2

9.9

1.1.3

May,

1985

0.2

9.5

10.9

April,

1985

0.2

8.5

6.0

March,

1985

0.2

8.1

5.8

February,

1985

0.2

8.4

5.9

January, 1985

0.2

8.9

6.1

December, 1984

0.2

8.9

6.9

November,

1984

0.2

8.7

6.7

October, 1984

0.2

8.2

7.1

September, 1984

0.2

8.1

7.8

August, 1984

0.2

8.0

7.2

Average

0.2

8.7

7.7

(Rec.

2).

The Agency has indicated that Aibion’s NPDES Permit “is

presently out to

30 day public notice

for modification” and

the

proposed modified permit “contains effluent limitations of

30

ny/i

and

37 mg/i

as 30 day averages for BOD and TSS,

respectively.”

(Rec.

2).

In order

to “regain” the operating efficiency of the

deteriorating trickling

filter,

the City of Albion intends

to

replace

the present

trickling filter media with new plastic

media.

However,

the Petitioner has stated that it will

not

remove

the trickling filter

from service until

the requisite new

plastic materials are on site.

While

the actual

repair work

is

being done,

the Petitioner plans to route the Imhoff tank

effluent directly

to its two lagoons.

(Rec.

2).

Although the trickling filter

is not currently operating

in

a totally efficient manner,

the City of Albion has still been

able to meet

its present NPDES effluent limits.

(Rec.

1—2).

After

the necessary repair work

is completed,

the Petitioner

anticipates

that the treatment efficiency of

its trickling filtec

should substantially improve,

The City of Albion has contended that the temporary

bypassing of its trickling filter will have a minimal

environmental impact because of the short time that it will

be

out of service and the current effluent concentrations.

(Rec.

2).

The Agency has determined

that there

is

no practical

alternative

to removing the trickling filter from service

to

perform the necessary repair work and has concluded that the

environmental impact will be minimal.

(Rec.

2—3).

Additionally,

the T~gencyagrees with the Petitioner

that the trickling filter

is

in need of rehabilitation and that

it

is necessary

to complete

the requisite repairs before

the onset of

the colder winter

weather.

(Rec.

3).

66-62

---

—3—

The Agency has therefore concluded that compliance with the

applicable NPDES Permit standards would impose an arbitrary or

unreasonable hardship upon the City of Albion.

(Rec.

3).

The

Agency has stated that there are no federal regulations which

would preclude the granting of the requested provisional

variance.

(Rec.

3).

Accordingly,

the Agency has recommended

that the Board grant the Petitioner a provisional variance from

35 Ill.

Ada. Code 304.141(a), subject to specified conditions.

Pursuant to Section 35(b) of the Illinois Environmental

Protection Act, the Board hereby grants the provisional variance

as recommended.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The City of Albion is hereby granted a provisional variance

from 35 Ill. Ada. Code 304.141(a)

to allow repairs to be made to

the trickling filter in its wastewater treatment plant, subject

to the following conditions:

1.

This provisional variance shall commence when the

trickling filter is removed from service and continue for 43

days,

or until the trickling filter is returned to service,

whichever occurs first.

2.

The Petitioner shall notify Mr.

Ron

Rogers of the

Agency’s Marion Regional Office via telephone at 618/997—4371

when the trickling filter is removed from service and when it is

returned to service.

Written confirmation of each notification

shall be sent within 5 days to:

2209 West Main Street

Marion, Illinois 62959

Attention:

Mr.

Ron

Rogers

3.

The Petitioner shall monitor its effluent for the

parameters as listed in NPDES Permit #1L0027405 at a frequency ot

once

per

week during this provisional variance.

The results of

each sample shall be recorded separately and submitted to the

Agency along with the monthly discharge monitoring report.

4.

During this provisional variance, the Petitioner’s

respectively, as monthly averages.

5.

The Petitioner shall operate and maintain its wastewater

practicable.

66~

---

6.

Within

10 days of the date of the Boardts Order,

the

Petitioner

shall execute

a Certificate of

Acceptance

and

Agreement which shall

be sent to

Mr.

James

Frost of

the

Agency at

the following address:

Mr.

James

Frost

Illinois

Environmental Protection Agency

Division of water Pollution Control

Compliance Assurance Section

2200

Churchill Road

Springfield,

illinois 62706

This certification shall have the following

form:

I,

(We),

_____

____________,

having

read

the Order

of the

IllinoIs Pollution Control Board

in PCB 85—152,

dated October

10,

1985,

understand

and accept the said Order,

realizing

that

such acceptance renders all

terms

and conditions

thereto binding

and

enforceable~

Petitioner

By: Authorized

Agent

Title

Date

IT

IS SO ORDERED~

I, Dorothy M~Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Opinion and

Order was

adopted

on the

____

/~z

____

day of

~

1985 by vote

of

___________

~

Cl erk~

Illinois Pollution Control Board