ILLINOIS POLLUTION CONTROL BOARD
    September
    18,
    1975
    CITY OF MARION,
    Petitioner,
    v.
    )
    PCB 75—220
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelie):
    The City of Marion
    (Petitioner)
    filed a variance petition
    on May 23,
    1975,
    seeking relief from Rule
    203(c)
    of Chapter
    3:
    Water Pollution Regulations,
    as applied
    to phosphorus.
    On July 18,
    1975,
    pursuant to a Board Order, Petitioner
    submitted additional information concerning algae blooms
    in Crab Orchard Lake and their effect upon the dissolved
    oxygen
    in benthic organisms of the Lake.
    The Environmental
    Protection Agency
    (Aaency)
    filed its Recommendation
    to
    ~rant
    the varianc3,
    on August 19,
    1975.
    No hearing was held.
    Petitioner
    is a municipal corporation and operates
    four independent treatment plants:
    a 1.3 MGD trickling
    filter plant, a single cell lagoon,
    and two 3—cell lagoon
    systems with chlorination.
    Petitioner
    is currently under
    a Board Order to upgrade its trickling filter plant, and has
    failed
    to comply with this Order.
    The Agency has sought
    enforcement in Circuit Court.
    Petitioner has accepted a grant by the Agency for the
    replacement of its existing facilities with a new tertiary
    treatment plant.
    The proposed plant will remove phosphorus
    through a liquid alum chemical process.
    Petitioner states
    that its new plant will meet all of the Chapter
    3 effluent
    standards.
    However,
    the proposed facility will discharge to
    Crab Orchard Creek,
    a tributary
    to Crab Orchard Lake.
    The
    phosphorus concentration in Crab Orchard Creek as it enters
    Crab Orchard Lake periodically exceeds 0.05 mg/i.
    In addition,
    Petitioner’s plant effluent will constitute the principal
    flow in Crab Orchard Creek below its confluence with West End
    Creek during 7-day,
    l~1_yearlow flow conditions.
    Rule 402
    18
    —
    561
    —2—
    of Chapter
    3 requires that no effluent shall, alone or in
    combination with ‘ther sources, cause a violation of any
    applicable water quality standards.
    Where
    a violation exists,
    the Agency may require the discharger
    to meet whatever effluent
    limits are necessary to insure compliance with the water
    quality standards.
    Since Petitioner’s proposed discharge
    will be tributary to Crab Orchard Creek,
    a tributary to
    Crab Orchard Lake,
    Rule 402
    is applicable.
    Petitioner’s
    effluent must not contribute to a violation of the Rule 203(c)
    water quality standa:d for phosphorus.
    Petitioner’s effluent
    is limited
    to the Rule
    203(c)
    standard of 0.05 mg/i phosphorus
    and it is from this standard that Petitioner
    seeks a variance.
    Petitioner s?eks
    a
    limitation of 1.5 mg/i on its phosphorus
    effluent.
    Petitioner claims
    it
    is not technically feasible to
    consistently meet the 0.05 mg/i standard with existing removal
    technology.
    Petitioner
    also states that as an alternative, diversion
    4.5 miles
    to another watershed with a higher allowable standard
    would cost $1,050,000 and thus be prohibitively expensive
    compared to chemical removal methods.
    Petitioner has not considered land application as an
    alternative.
    The Agency indicates
    in its Recommendation
    that since the Petitioner is under a Board Order,
    “to install
    and operate upgraded improved sewage treatment facilities
    ..
    .“,
    and since Petitioner accepted an Agency grant offer which
    was based upon
    a ‘leterminatiori by the Agency of the most
    cost—effective means of treatment,
    that it would be
    inappropriate to consider land application at this time.
    The Board does not agree that it is for the Agency to make
    any final “cost-effective” determinations binding upon the
    Board.
    Petitioner states that its chemical removal system will
    cost approximately $19,700
    a year to remove phosphorus to
    a level of 1.5 mg/i.
    Petitioner contends that to remove
    phosphorus
    to the 0.05 mg/l level would cost an additional
    $29,222 for a tot~1yearly removal cost of $48,922.
    Petitioner
    alleges that this additional cost would be prohibitive.
    Petitioner fails
    to present data beyond
    a mere assertion,
    that this cost increase would be a financial hardship.
    Petitioner presents no data as
    to the cost of reaching
    a removal
    level of
    ).
    mg/l phosphorus.
    The Agency states
    in its Recommendation that while it
    does not believe it is chemically feasible to remove phosphorus
    consistently to a level of 0.05 mg/l,
    that Petitioner can
    reach a level of
    1 mg/i simply by adding additional chemicals.
    The Agency states that the proper dosage with the proposed
    equipment can best be determined after the facility commences
    operation.
    The Ag~ncyadmits that the purchase of alum
    and polymers
    is a major cost in phosphorus removal.
    18— 562
    —3--
    The Agency Recommendation notes that given the 2.5 MGD
    average design flow of Petitioner’s proposed facility, with
    an approximate phosphorus concentration of
    1 mg/l, the
    Petitioner would discharge about 7,619 pounds of phosphorus
    per year.
    The concentration of phosphorus found in Crab
    Orchard Creek, approximately 1-1/2 miles south of Marion,
    below West End Creek which carries Petitioner’s trickling
    filter plant effluent,
    averaged 1.71 mg/i in 1974 and 1975.
    The Agency states in its Recommendation that the
    U.S.
    Environmental Protection Agency
    (U.S.
    EPA)
    estimates
    that Petitioner currently contributes 35,450 pounds per year
    of phosphorus
    to Crab Orchard Lake,
    or 22
    of the annual
    influx.
    The U.S. EPA also indicates that Crab Orchard Lake may
    be nitrogen, rather than phosphorus,
    limited since the
    nitrogen:phosphorus ratio is
    4.79:1.
    The Agency notes that two eutrophication studies have
    been made of Crab Lake.
    Both found algae in various numbers
    in the Lake.
    Although there is evidence that blooms
    do occur about twice
    a year, neither study clearly demonstrates
    the presence of algae blooms.
    Nor do the studies reveal
    oxygen depletion arising from algae die-off.
    No hypolimnion study has been
    conducted on Crab Lake.
    The Agency
    indicates that an adequate study, would not be
    justified in this proceeding as it could not be accomplished
    within the
    30 days which the Agency has to answer
    a variance
    petition, and would be an unreasonable financial hardship
    upon the Petititoner.
    The Agency st~atesif Petitioner
    is allowed a variance at
    1 mg/i of phospho~-us, the anticipated environmental imapct in
    Crab Orchard Lake will be minimal,
    as the Lake appears
    to be
    limited by nitrogen rather than phosphorus
    at the present.
    The Board finds that based on Petitioner’s existing
    obligation
    as to upgrade its sewage treatment facilities,
    the
    inclusion in the proposed treatment facility of a phosphorus
    removal system,
    the economic and administrative constraints
    which preclude alternative removal methods and the projected
    minimal
    impact of Pet;tioner’s discharge upon Crab Orchard
    Lake at a level of
    1 mg/i, Petitioner would suffer an arbitrary
    and unreasonable financial hardship
    if compelled to meet
    Rule
    203(c)
    at the present time.
    However, Petitioner has
    failed to clearly demonstrate economic hardship as to cost
    increments
    in achieving compliance below a level of 1.5 mg/i.
    In addition,
    the Agency
    indicates
    a level of
    1 rng/l phosphorus
    can be reached by
    a higher chemical dosage.
    In light of
    this information and Petitioner’s position as a major contributor
    of phosphorus to Crab Orchard Lake,
    the Board finds that
    a
    18
    —
    563
    —4—
    limit of
    1 mg/i phcsphorus maybe justified.
    Petitioner will
    be required to install equipment capable of achieving
    1 mg/i.
    Since Crab Lake may be nitrogen-limited, operation at 1.5
    tfIg/l
    phosphorus
    in the effluent will be permitted.
    In future
    variance or regulatory proceedings, the needed research
    can be presented ior further determinations.
    Because of the interrelationship
    in the protection of
    water quality between the relief sought
    ——
    a variance
    from the phosphorus standard
    --
    and other pollutants
    such
    as BOD and suspended solids, we will condition the grant
    of this variance with the operation of Petitioner’s sewage
    treatment plant so as to afford the best practicable
    treatment in accordance with the prior Board Order in
    PCB 71—25.
    Because Petitioner
    is required to obtain an NPDES permit,
    the Board may gra~ita variance for up to a five year period.
    The Board has determined that Petitioner should be granted a
    variance until July
    1,
    1977.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of
    law.
    ORDER
    The Pollution Centrol Board hereby grants the City of
    Marion a variance from Rule 203(c)
    of Chapter
    3 until
    July
    1,
    1977 subject to the following conditions:
    1.
    Petitioner’s proposed waste treatment facility
    effluent shall be limited in its phosphorus discharge to
    1.5mg/i but shall be capable of achieving 1.0 rng/l
    if necessary.
    2.
    Petitioner
    shall adhere to the project schedule set
    forth on the first page of its original petition for
    variance,
    submitted to the Board on May 27,
    1975.
    3.
    Petitioner
    shall maintain its present sewer treatment
    facility so as to
    E’fford the best practicable treatment and
    in accordance with the dictates of the prior Board Order
    (PCB 71-25)
    to wit:
    a.
    The City of Marion shall operate its existing
    waste treatment facilities
    in such manner that
    no effluent shall exceed
    25 mg/i BOD or 25 mg/l
    suspended solids except that wet weather flows in
    excess of 1.3 MGI’ shall not be subject to this
    requirement.
    Chlorine residual in the treated
    effluent shall be maintained between
    0.5 mg/i and
    1.0 mg/i during this interim period.
    18
    —
    564
    —5—
    b.
    The City of Marion shall provide suitable
    sampling taps for all effluent and bypass lines
    in
    accordanc’~ewith the provisions of Rule
    502
    of the Watei Pollution Control Regulations
    within
    30 days of receipt of this Order.
    c.
    The City of Marion shall submit monthly
    progress reports to the Environmental Protection
    Agency.
    Said piogress reports shall commence on
    September
    23, 1975 and shall provide details of
    Petitioner’s progress toward completion
    of the
    new waste treatment facilities.
    4.
    Within
    35 days after the date of the Board Order herein,
    the City of Maricn shall execute and submit to the Manager,
    Variance Section, Division of Water Pollution Control, Illinois
    Environmental Protection Agency,
    2200 Churchill Road, Springfield,
    Illinois,
    62706, a Certification of Acceptance and agreement to
    be bound
    to all terms and conditions of the variance.
    The form
    of said certification shall be
    as follows:
    CERTIFICATION
    I
    (We),
    _______________________
    having read and fully
    understanding the Order of the Illinois Pollution Control Board
    in PCB 75-220 here3y accept said Order and agree to be bound
    by all terms and ~-‘onditionsthereof.
    Signed
    _______________________
    Title _________________________
    Date ____________________________
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control
    Board,
    hei’eJ~zr certify the above Opinion and Order were
    adopted on the
    /J’
    day of September,
    1975 by a vote of
    1-0
    Christan
    L.
    offet
    rk
    Illinois Pollution
    ontrol Board
    18
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    565

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