ILLINOIS POLLUTION CONTROL BOARD
    July
    10,
    1980
    VILLAGE OF ALTO PASS,
    )
    Petitioner,
    v.
    )
    PCB 80—33
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    GEORGE HARRIS
    OF THE SOUTHERN ENGINEERING CORPORATION AND MICHAEL
    COLEMAN, THE ALTO PASS WATER SUPERINTENDENT, APPEARED ON BEHALF OF
    THE PETITIONER.
    RICHARD WARRINGTON APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before the Board on the February
    15,
    1980
    petition of the Village of
    Alto
    Pass
    for variance from the
    12
    mg/i total
    suspended solids
    (TSS)
    limitation of Rule 404(c) and
    from Rule
    902(i)(l)(iii)
    of Chapter
    3:
    Water Pollution (Chapter
    3).
    The Environmental Protection Agency
    (Agency) filed its
    Recommendation in support of this petition on March
    25, 1980.
    Two
    written objections
    to the
    quality of the drinking water were timely
    filed and received by the Board; however
    no members of the
    public
    were present to comment at the public hearing held on May
    30,
    1980.
    The Village of Alto Pass,
    located in Union County, operates
    a public
    water supply facility which treats an average
    of 50,000
    gallons of water from the Village’s reservoir daily. The Village’s
    water treatment plant discharges filter backwash wastewater and
    settling tank solids into a nearby unnamed stream.
    The Village’s
    last NPDES permit, which expired December 31,
    1978, contained an
    effluent limitation of
    12.5 mg/i for TSS.
    The Village has not
    filed discharge monitoring reports since June,
    1978, but the Agency
    agreed that a reasonable estimate of the Village’s current TSS
    discharge
    is from
    250 to 300 mg/i.
    (Pet.
    1—2,
    Rec.
    2—3).
    The Village has applied for and received funding from the
    Farmers Home
    Administration to construct a water transmission
    main
    that would allow Alto Pass to purchase water from the Anna—
    —2—
    Jonesboro Water Commission.
    Upon completion of this project in
    some eighteen
    to twenty—four months, the Village plans to abandon
    its water treatment facility.
    Variance
    is
    sought in order that
    an NPDES permit may be issued during the two year interim period
    (Pet,
    3,
    R.
    3—4).
    In support of its petition, the Village asserts that it has
    had difficulty in securing financing improvements for its existing
    facility, and that it has not been able to repay the original
    loan
    for the treatment plant.
    It alleges that it would be unreasonable
    to require improvements to the existing facility, as that would
    divert scarce funds from the new project. The Agency concurs,
    and,
    despite the fact that the Village has not addressed the issue of
    environmental
    impact,
    the Agency has approved the compliance program
    (Pet.4,
    Rec.2).
    The Board finds that denial
    of variance to allow operation
    of the existing facility pending completion of the transmission
    main would impose an arbitrary and unreasonable hardship on the
    financially—pressed Village.
    Accordingly, variance from Rule
    404(c)
    of Chapter
    3 is granted,
    subject to the conditions outlined
    in the attached order.
    Variance from Rule 902(i)(1)(iii)
    is
    unnecessary,
    as that relates solely to Agency procedures.
    (It
    should additionally
    be noted that this Rule will shortly
    be
    deleted
    by
    entry
    of
    a
    final
    order
    adopting
    the
    changes
    proposed
    in R79—13.)
    This Opinion constitutes the Board’s findings of
    fact and
    conclusions
    of
    law in this matter.
    ORDER
    1.
    The Petitioner,
    the Village of Alto Pass,
    is hereby granted
    variance from Rules 404(a)
    of Chapter
    3:
    Water Pollution,
    subject
    to the following conditions:
    A.
    This Variance shall continue until January
    1,
    1982,
    or until such earlier time as the Villag&s treatment
    plant is abandoned.
    B.
    The Village shall fulfill all requirements of its
    ~PDES permit,
    and,
    in particular,
    shall file timely
    discharge monitoring reports.
    C.
    The Village shall submit plans and specifications
    for the construction of its proposed water transmission
    main to the Agency within four months of its receipt of
    the funding award from the Farmers Home Administration,
    and
    shalL
    expeditiously
    pursue
    construction
    after
    receiving
    the
    necessary
    Agency
    permits.
    2.
    Within 45 days of the date of this Order,
    the Village of
    Alto Pass shall execute and forward to
    the
    Illinois Environmental
    Protection Agency, Division of Public Water Supply,
    2200 Churchill
    —3—
    Road, Springfield,
    Illinois 62706, an executed Certification of
    Acceptance and Agreement to be bound by all conditions of the
    variance.
    The forty—five day period herein shall he stayed
    during judicial review of this variance pursuant to Section 41 of
    the Environmental Protection Act.
    The form of said certification
    shall
    be as follows:
    CERTIFICATION
    I,
    (We), ______________________________,
    having read the
    Order of the Illinois Pollution Control Board
    in PCB 80—33, dated
    ___________,
    understand and accept
    the said Order,
    realizing that
    such acceptance renders all terms and conditions thereto binding
    and enforceable.
    by:
    Petitioner
    Title
    Date
    Authorized Agent
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby certify that the
    bove Opinion and Order
    were adopted on the
    )&~“
    day of
    ____________,
    1980 by a vote
    of
    _____
    ~L.MOM~~k
    Cflristan
    Illinois PollutioW’~ontrolBoard

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