ILLINOIS POLLUTION CONTROL BOARD
    January18
    ,
    1979
    VILL1~GEOF HAMMOND,
    Petitioner,
    v.
    )
    PCB 78—286
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF
    THE
    BOARD
    (by Mr. Young):
    This matter comes before the Board on
    an Amended
    Petition for Variance of the Village of Hammond filed
    November
    30, 1978,
    seeking variance from Eules
    203(c)
    and 402 of Chapter
    3:
    Water Pollution,
    of the Pollution
    Control Board Rules and Regulations,
    as those rules apply
    to phosphorus.
    Hearing was waived
    by
    the Petitioner;
    an
    Agency Recommendation was
    filed December 19,
    1978.
    The Village of Hammond, 1970 population
    502,
    located
    in Piatt County,
    Illinois,
    began operation in 1967 of
    the existing sewage treatment facility which consists of
    three non-aerated stabilization lagoons
    in series followed
    by effluent chlorination.
    The treatment facility discharges
    into the Hammond 1~utualDitch which discharges to the West
    Okaw River.
    The West Okaw River
    is tributary to Lake
    Shelbyville and monitoring data indicates that the West
    Okaw River exceeds the phosphorus water quality standard
    of 0.05 mg/i at the point where the River enters Lake
    Shelbyville.
    Accordingly, the effluent from Petitioner’s
    treatment facility
    is limited to a phosphorus concentration
    of
    0.05 mg/i by Rules 203(c)
    and 402
    (Pet.
    1).
    Petitioner
    is currently in the process
    of planning
    to upgrade the existing facility; the proposed facility
    will cons~stof two aerated cells followed by
    a third cell
    with dual submerged sand filters and chlorination with the
    aeration system designed for ammonia control.
    An applica-
    tion for a lagoon exemption pursuant
    to Rule 404(c) (iii)
    was submitted to the Agency and denied because of the
    inability to meet the phosphorus limitation of Rule 203(c).
    Petitioner has a priority number of 645 and the Agency
    believes that grant funding will not be available for five
    32—447

    —2—
    years
    (Rec.
    2).
    There are presently 550 persons within the
    Facilities Planning area;
    the design average flow of the
    upgraded facility will be 0.10 MGD.
    The U.S. Environmental Protection Agency National Eut-
    rophication Survey indicates that the Village of Hammond
    contributes 0.33
    of the annual phosphorus
    loading to Lake
    Shelbyville
    (Pet.
    4,
    5).
    The Village has examined a number
    of alternatives to meet the phosphorus effluent limitations
    of Chapter
    3, none are economically reasonable
    (Pet.
    3; Rec.
    3,
    4)
    The Board
    is familiar with the problems facing municipal
    dischargers
    in meeting 0.05 mg/i phosphorus water quality and
    effluent standards.
    City of Hoopeston, PCB 76—234,
    24 PCB 441;
    Southern Illinois University at Edwardsville, PCB 77-111,
    25
    P03 775; Valley Water Company, Inc.,
    PCB 77-146,
    25 PCB 289.
    In those and other cases, the Agency and the Board have
    recognized that it is economically impractical for the peti-
    tioners
    to comply with the current phosphorus limitation of
    Chapter
    3.
    In addition,
    the Agency has petitioned the Board
    in regulatory proposal R76—l
    for appropriate amendments to
    the phosphorus effluent and water quality standards of the
    Water Pollution Regulations and the Board has adopted a pro-
    posed final Order for publication and comment.
    If regulatory
    proposal R76-l is adopted as now proposed,
    the Village of
    Hammond would not be required to provide phosphorus removal.
    The Board will direct the Agency to issue a new NPDES
    permit to Petitioner consistent with this Order pursuant to
    Rule 914 of Chapter
    3 and to include interim effluent limita-
    tions as may be reasonably achieved through the application
    of best practicable operation and maintenance practices in
    the existing facilities.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    1.
    The Village of Hammond is granted a variance for the
    operation of its wastewater treatment plant from Rules 203(c)
    and 402 of Chapter
    3:
    Water Pollution Rules and Regulations
    regarding phosphorus for five years from the date of this Order
    subject to the following condition:
    (a)
    This variance will earlier terminate upon
    adoption by the Board of any modification
    of the existing phosphorus water quality
    standards and effluent limitations and the
    Village shall comply with such revised reg-
    ulations when adopted by the Board.
    32—448

    —3-.
    2.
    Petitioner, within
    30 days of the date of this Order,
    shall request Agency modification of NPDES permit to incorporate
    all conditions of the variance set forth herein.
    3.
    The Agency, pursuant to Rule 914 of Chapter
    3, shall
    issue a new NPDES permit consistent with the conditions set
    forth
    in this Order including appropriate monitoring require-
    ments and such interim effluent limitations
    as may reasonably
    be achieved through the application
    of best practicable
    operation and maintenance practices
    in the existing facilities.
    4.
    Petitioner
    shall continue to pursue construction grant
    funding and shall meet all applicable grant deadlines.
    5.
    Within forty-five
    (45)
    days of the date of this Order,
    the Petitioner shall submit to the Manager, Variance Section,
    Division of Water Pollution Control, Illinois Environmental
    Protection Agency,
    2200 Churchill Road,
    Springfield, Illinois,
    62706, an executed Certification of Acceptance and Agreement
    to be bound to all terms and conditions of the variance.
    The
    forty—five day period herein shall be suspended in the event
    of judicial review of this variance pursuant to Section
    31
    of the Environmental Protection Act.
    The form of said certi-
    fication shall be as follows:
    CERTIFICATION
    I,
    (We), ___________________________
    having read
    the Order of the Pollution Control Board in PCB 78—286,
    understand and accept said Order, realizing that such
    acceptance renders all terms and conditions thereto
    binding and enforceable.
    SIGNED
    TITLE
    DATE
    IT IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, her by certif
    the above Opinion and Order were
    ado ted on the
    )~
    ~day
    of
    ____________________,
    1979 by a vote
    of
    .
    Christan L. Moffett ~prk
    32449
    Illinois Pollution C
    rol
    Board

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