ILLINOIS POLLUTION CONTROL BOARD

June

26,

1975

VILLAGE OF ARGENTA

Petitioner,

v.

)

PCB 75—182

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM OPINION AND ORDER OF THE BOARD

(by Mr.

Dumelie):

Petition for variance

from Rule 203(c),

402 and 404(f)

of the Water

Pollution Regulations was filed with the Board

on April

30,

1975.

The Recommendation of the Environmental

Protection Agency was filed on June

3,

1975.

No public

hearing was held.

The Village of Argenta is a community of 1,034

in Macon

County near Decatur.

It evidently has no existing sewer

system and sewage plant at the present time.

A project to

provide sewers for the Village and a contact stabilization

sewage treatment plant has now been designed and a Federal

qrant offer of 75

is pending.

The proposed sewage treatment plant is to be located

east of Argenta and will discharge to Friends Creek which in

turn flows to the Sangamon River.

The Sangamon is dammed at

Decatur to form Lake Decatur.

This discharge would thus

flow into Lake Decatur.

Effluent limits for the proposed plant are 10 mg/i BOD5

and 12 mg/i suspended solids under the upfeffer Exemptiont’

procedure,

Construction

is anticipated to begin about

October

1,

1975 with completion and operation of the sewage

plant on October

1,

1976.

The variance requested is from the phosphorus requirement

of Rule 203(c) which limits phosphorus

to 0.05 mg/i in any

stream at the point where it enters any reservoir or lake.

The petitioner’s hardship is an economic one.

If the Board

does not grant the variance, phosphorus removal

(even to 1.0

mg/i)

is

said to cost each family an additional $7.10 per

month

(from $12.30 to

$19.40).

17—435

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—2—

The Petitioner makes the conclusory statement that an

aiternate form of sewage treatment

(land irrigation) which

would not require phosphorus

removal would be too costly.

An annual equivalent cost of

$38r624

is given for the land

treatment alternative but no separate costs are given for

the recommended contact stabilization plant and thus no

comparison

is possible.

The future contribution of Argenta in terms of phosphorus

(without removal at the plant)

is estimate at 6.7 lbs. per

day by the Petitioners

Data are given from the Illinois

State Water Survey showing phosphorus loadings

in the Sangamon

River at a point 2-1/2 miles north of Oakley as 3,380 lbs.

per day.

No map is provided in this record so we are not

sure

that this is a pertinent measurement.

The Petition1,

then, standing by itself,

is not adequate

to

fully judge the variance.

Fiscal data are missing, and

no statement

is given as to the existence or

lack of existence

of an algae bloom problem on Lake Decatur.

The entire

purpose of Rule 203(c)

is to prevent eutrophication of lakes

and reservoirs.

We turn next to the Agency Recommendation for guidance..

It

reveals that the grant offer to Argenta was made

by

the

Agency on

April

1,

1975

.in the amount of $1,291,400 for the

entire project, including both

the

sewer collection system

and

the

treatment

plant.

A

separate

itemized

cost

for

the

sewage

plant

alone

is

again

not

c~iven

and

we

still

cannot

make

the

fiscal

comparison

with

the

land

treatment

alternate

discussed above.

The Agency discusses an alternate not mentioned by the

Petitioner’s consulting engineer;

namely, diversion of the

effluent

to

an intermittent stream tributary to the Sangamon

River below Lake Decatur.

The Agency concludes that pumping

the effluent for five

miles

11would be prohibitive’~but again

no costs are

given,

We have ~o conclude that meaningful

examination of

this

alternate,

absent a cost estimate,

is

not

possible.

The Agency recommends a grant of the variance citing

the future pendency of a regulation change and the impending

Federal grant.

We cannot grant variances merely because the

Agency may propose a regulatory change.

A regulatory change

must

itself

stand

the

test

of

public hearings and the statutory

conditions

for a regulation.

We

agree that it is important

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—3—

that Federal funds not be lapsed and that this tiny village

at long last should have installed a public sewer system.

The argument that the Argenta phosphorus

is

a small amount

of the total now going to Lake Decatur is important but not

persuasive.

Perhaps there are many Argentas upstream.

We

do not know on this record,

And, more ~importantly, we do

not know the algae condition now existing at Lake Decatur,

We would like to make an expedited decision in this

case.

We

find

the

record

presently

inadequate

upon

which

to

make

a

reasoned judgment and remand

it

to

the parties for a prompt

response.

If prompt response is made

we

will decide this

cause on July

10 or July

11,

1975.

ORDER

The parties

shall, by July 10, respond and provide to

the Board,

in suitable form,

the following information:

1.

A statement as to the extent,

if any,

of an algae

bloom problem on Lake Decatur,

2.

A statement as to the existence of taste or odors

in the public water supplies originating from Lake Decatur

due to algae.

3,

A separation of the cost estimates

for the proposed

sewage treatment plant from the overall project on

a basis

similar to the figures given for phosphorus removal.

In

addition,

a breakdown of the monthly charges shall be given

as to the sewage plant alternatives standing alone from the

sewer collection system.

IT IS SO ORDERED,

I, Christan

L, Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Interim

Opinion and

Order were adopted on the ~t.p~’ day of June,

1975 by a vote of

C

ristan L. Moffett, C

Illinois Pollution Con

Board