ILLINOIS POLLUTION CONTROL BOARD
November 29,
1979
URBANA AND CHAMPAIGN
SANITARY DISTRICT,
Petitioner,
v.
)
PCB 79—186
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
Mr.
J.
C. ERMENTROUT appeared on behalf of Petitioner.
MR. PHILIP
L. WILLMAN, ASSISTANT ATTORNEY GENERAL, appeared
on behalf of Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
On September
4,
1979 Petitioner
filed for a variance
from Rules 203
(g), 402 and 405 of Chapter
3: Water Pollution
as they apply to
fecal
coliform.
Modification of Petitioner’s
NPDES
Permits Nos.
IL 0031500 and IL
0031526 allowing the
suspension of chlorination for a period of one year is
sought
so that the Illinois Institute of Natural Resources
can conduct a study on the effect of chlorine and chloramines
on aquatic
life.
The Agency has recommended that the variance
be
granted for the period of one year, subject to conditions.
A hearing was held on October 25, 1979
in Champaign,
Illinois.
Petitioner operates and maintains two sewage treatment
plants,
its Northeast plant and its Southwest plant.
Both
plants operate under NPDES permits which establish an effluent
limitation for fecal coliform.
The permits expire April
1,
1982.
Beginning on May 1, 1978 and ending on or about August
31, 1979,
the Illinois Institute of Natural Resources
(the
Institute) engaged
in a study to assess the economic benefit
of nitrification treatment on Illinois waters.
As part of
this study, Petitioner’s two wastewater treatment plants
were analyzed.
In June of 1979 Petitioner received a request
from the Institute to participate in continued research of
its receiving streams pertaining to chlorination of plant
effluents.
This would require the discontinuance
of disinfection
36—187
—2—
facilities
for a period of approximately one year to account
for the effect of seasonal changes on the aquatic
life in
the receiving streams.
Petitioner agreed with the concept
and the need for additional
scientific research regarding
the effects
of chlorination.
Revised NPDES permits would be
necessary for Petitioner
to maintain compliance with Board
rules.
At the hearing, a witness for Petitioner explained the
proposed study.
A six month period of monitoring the chlorinated
system would be undertaken, followed by a one year period of
discontinuing chlorination, then six months
of resumed
chlorination.
The effects prior and subsequent to chlorination
could then be observed
(R.
6).
The Agency has submitted a proposal to delete Rules 203
(g) and 405
of Chapter
3.
This request is presently filed
as R77—12, Docket D.
Should this proposed rule change be
adopted and the Institute has not ended its study the petitioner
will resume chlorinating the effluent 395 days after the
modified permits are issued and continue to do so for an
interval long enough to account for all major seasonal
changes.
The Institute will seek funds necessary to offset
the cost of chlorine for Petitioner to continue in the
research project when rechiorination becomes necessary
within the program
(R. 13).
Should the Institute prove
unable to provide the funds Petitioner has agreed to cove.r
the cost
(R.
15).
The Agency supports the variance from Rules 203
(g),
405 and 402 as
they apply to fecal coliform for a period of
one year at the Northeast and Southwest plants.
In connection
with its proposed rule change, the Agency has offered to
provide evidence that chlorine
is toxic to aquatic
life and
that chlorination may be ineffective
in reducing pathogens.
It is the Agency’s opinion that further studies on the
biological
effects
of chlorination and recovery following
cessation of chlorination will he of some public benefit.
The Board concludes that although Petitioner has not
demonstrated arbitrary or unreasonable hardship,
further
studies of the effects of chlorination are necessary and
finds the conditions imposed on Petitioner during the period
of its variance to be reasonable. No mention appears
in the
record of possible danger to the public from wading or
canoeing
in the receiving stream when chlorination has
ceased.
Petitioner will
file a report to the Board and
Agency within 30 days of the date of this Order detailing
the extent of
such public uses of the stream
in a 20 mile
distance downstream of the discharges.
The Board shall
retain jurisdiction for the purposes of reviewing this
report.
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This Opinion constitutes the Board’s finding of fact
and conclusions of law in this matter.
ORDER
It
is the Order of the Pollution Control Board that
Petitioner be granted
a variance from Rules 203
(g),
405 and
402
of Chapter
3: Water Pollution as they apply to fecal
coliform,
for a period of one year at the Northeast and
Southwest plants subject to the following terms and conditions:
1).
Petitioner’s NPDES Permits Nos.
IL 0031500 and IL
0031526 shall
be modified to permit suspension of
chlorination for a period of 365 days to begin 30 days
after the modified permits are issued.
2).
Petitioner’s variance shall automatically terminate
should the Institute elect
to end its study within the
one year period.
3).
At the end of the 365 day period described in Paragraph
1,
Petitioner shall comply with the Board’s decision
on the proposed rule change
in R77—12, Docket
D.
4).
Within 30 days of the date
of this
Order the Petitioner
shall file a report with the Board and Agency detailing
the extent,
if
any,
of wading and canoeing by the
public in the receiving stream for a distance of 20
miles downstream of the discharges.
5).
The Board shall retain jurisdiction
in this case
for
the sole purpose
of renewing the report described in
Paragraph
4.
6).
Within 45 days of the date of this Order, Petitioner
shall execute of certification of acceptance and agreement
to be bound to the terms and conditions of this variance.
This
45 day period shall
be held
in abeyance if this
matter is appealed.
The certification shall
be forwarded
to the Illinois Environmental Protection Agency,
Variance
Section,
2200 Churchill Road,
Springfield, Illinois
62706
shall
read
as follows:
CERTIFICATION
I
(We),
—*
—_______
having
read and fully understanding the Order in PCB 79—186,
hereby
accept that Order and agree to be bound by all of its terms
and conditions.
SIGNED
TITLE
DATE
36—189
—4—
IT IS
SO ORDERED.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opi ion and Order
were adopted on the
~
,
day of
~
,
1979 by a vote of
Christan L. Moffett,~,brk
Illinois Pollution Control Board
.~
36—190