ILLINOIS POLLUTION CONTROL BOARD

August

28, 1986

CITY OF PEKIN

(Sewage Treatment Plant ~l)

Petitioner,

v.

)

PCB 86—135

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

OPINION

P~ND

ORDER OF THE BOARD (by J.D. Dunielle):

This provisional variance request comes before the Board

upon

an August 28, 1986 Recommendation of the Illinois

Environmental Protection Agency (Agency).

The Agency recommends

that a 45—day provisional variance be granted

to the City of

Pekin

(Sewage Treatment Plant #1)

from 35 Iii. Adm. Code 304.121

(bacteria)

to allow the Petitioner

to discontinue chlorination

during the period of construction when

it

is physically

impossible

to chlorinate

(i.e., when its chlorination equipment

and water supply piping are being replaced).

The necessary

repair work includes the installation of new chlorine solution

lines,

new chlorination equipment, new electrical wiring,

and a

standby pump.

(Pet.

2;

Rec.

1).

The Board previously granted

the Petitioner a 9—day provisional variance

in PCB 86—61

to allow

the replacement

of

a malfunctioning chlorination pump.

(See:

Opinion and Order

of April 24, 1986 in PCB 86—61,

City of Pekin

(Sewage Treatment Plant No.

1)

v.

IEPA).

The City of Pekin

(City), which has

a population of 33,967

people, owns and operates

a municipal wastewater treatment

facility located at the southernmost end of the city in Tazewell

County,

Illinois.

The Petitioner’s facilities include bar

screens,

an aerated grit chamber, flow measurement equipment,

pumps, primary clarifiers,

secondary clarifiers,

an activated

sludge process, aerobic and anaerobic digesters,

a sludge lagoon,

an excess flow basin,

and chlorination.

The Petitioner’s

treatment plant has

a design average flow of 3.7 million gallons

per day

(MGD) and discharges an average of 2.2 million gallons

per day of normal secondary effluent directly into the Illinois

River,

a tributary of the Mississippi River, pursuant

to the

appropriate NPDES Permit authorization.

(Rec.

1;

Pet. 1).

The

nearest residence

is about one quarter of

a mile from the City’s

wastewater treatment plant.

(Pet.

1).

72-103

---

—2—

The Petitioner

is currently required by its NPDES Permit

#IL0034495

(which was issued on April

6,

1983 and expires on

April

30,

1988)

to meet

final effluent discharge limitations from

Outfall 001

of 20 milligrams per liter

(mg/i)

of five—day

biochemical oxygen demand

(BODç)

on a 30 day average and 25 mg/i

of

total suspended solids

(TSST on

a monthly average.

Additionally,

the Petitioner’s effluent must meet a standard of

0.75 mg/i for chlorine residual and must comply with the daily

maximum of 400 per

100 milliliters

(ml)

for

fecal coliform.

(Rec.

1).

According to Agency records,

the City’s effluent has

been in compliance with

its NPDES Permit requirements

continuously during

the time period from October,

1983 through

July,

1986

(except

for the month of March, 1985).

(Rec.

1).

In reference to the rationale for the proposed provisional

variance,

the City of Pekin has

stated that:

“...The variance

is requested to allow Pekin

to discontinue chlorination during the period

of construction when

it is physically

impossible to chlorinate.

Chlorination of the

secondary effluent

is accomplished by pumping

approximately 100 gallons per minute of

clarified water

to the chiorinators.

The

water mixes with chlorine gas

at the

chlorinators and flows

to the chlorine contact

basin as

a chlorine solution

to disinfect the

secondary effluent before

it is discharged

to

the river.

The construction will involve

installation of new chlorine solution lines,

new chlorination equipment,

new electrical

wiring,

a stand—by pump,

and other

miscellaneous improvements and replacements

to

the chlorination system and building.

At

times,

the chlorination will have to be

discontinued

in order

to complete the

construction...”

(Pet.

2).

To minimize the time(s)

and duration when chlorination will

be discontinued,

the City

of Pekin has indicated

that it will

work closely with the contractor during

the requisite

construction.

(Rec.

2; Pet. 2).

Although the City has stated that

it plans

to begin

its

construction work during September,

1986 and that the contract

time to complete the repair work

is

90 days,

the Agency has

stated that “a maximum of 45 days can be granted

to Petitioner

under any one provisional variance”.

(Rec.

2).

Accordingly,

the

Respondent has indicated that “therefore,

the Agency will

recommend that Petitioner

be granted

a provisional variance for

45 days”.

(Rec.

2).

72-104

---

—3—

Moreover,

it should be noted by the parties

that Section

36(c)

of

the Illinois Environmental Protection Act

(Act)

provides,

in pertinent part,

that “the provisional variances

granted

to any one person shall not exceed

a total

of 90 days

during any calendar year.”

The City of Pekin has asserted

that the denial

of

its

requested relief would create an arbitrary or unreasonable

hardship because the planned repair work

to its chlorination

facilities cannot be accomplished without first discontinuing

chlorination.

(Pet.

1—3; Rec.

2).

Additionally,

the PetitiOner

has stressed

that “the system improvements will provide

a more

reliable and safe chlorination system,

thus minimizing periods

of

discontinued chlorination

in future years

of operation”.

(Pet.

3).

In reference

to available compliance alternatives during

the

construction of the necessary improvements,

the Petitioner

believes that there

is

“no viable alternative method

of

compliance”.

(Pet.

3).

The Agency agrees with the City of Pekin

that “there

is

no reasonable alternative

to discontinuing

chlorination at some time during

the construction process in

order

to complete

the work and return the chlorination facilities

to service”.

(Rec.

2).

The Agency expects that there will be little adverse

environmental impact upon the Illinois River from the

Petitioner’s effluent discharge given the short duration

of the

discharges while chlorination

is discontinued.

The nearest town

downriver

is approximately 100 miles away

(i.e., Beardstown) and

it

is unlikely that the discharge will directly significantly

affect any major population centers.

Because the first

downstream public water supply is the City of Alton on the

Mississippi River,

the Agency has concluded that “there are no

downstream public water supplies which would be adversely

affected by granting this provisional variance request.”

(Rec.

2).

The Agency agrees with the Petitioner that the expected

environmental impact will be minimal and emphasizes that

“Petitioner discharges directly

to the Illinois River, which

during the period October, 1983

to September, 1984 had

a minimum

recorded flow of approximately 3200 MGD at Pekin”.

(Rec.

2).

Based on the demonstrated necessity to discontinue

chlorination during the period of construction when it

is

physically impossible to chlorinate,

the Agency agrees with

the

Petitioner”s contention

that denial of the provisional variance

would create an arbitrary or

unreasonable hardship

in this

case.

The Agency has also stated that there are no federal

regulations that would preclude

the granting of the provisional

variance.

(Rec.

2).

72-105

---

—4—

The Agency has therefore concluded that compliance on a

short—term basis with applicable standards would impose an

arbitrary

or unreasonable hardship upon the Petitioner.

(Rec.

1—2).

Accordingly,

the Agency has recommended

that the Board

grant

the Petitioner

a provisional variance from 35

Ill. Adm.

Code 304.121,

subject

to certain conditions.

Pursuant

to Section

35(b)

of the Illinois Environmental

Protection Act,

the Board will grant the provisional variance as

recommended.

This Opinion constitutes

the Board’s findings

of fact and

conclusions of law

in this matter.

ORDER

The City of Pekin

(Sewage Treatment Plant

#1)

is hereby

granted

a provisional variance from 35 Ill.

Adin.

Code 304.121,

subject

to the following conditions:

1.

The provisional

variance shall commence when

chlorination

is discontinued and

shall

continue for

45 days or until chlorination

work

is completed, whichever occurs

first.

2.

The Petitioner

shall notify Mr. Gary Reside

of

the Agency’s Compliance Assurance Section via

telephone at 217—782—9720 when the work on the

chlorination facilities

is begun; when chlori-

nation

is discontinued; when chlorination is

restarted,

and when the work on the chlori-

nation facilities

is completed.

Written

confirmation of each verbal notification shall

be submitted to the following address:

Mr. Gary Reside

Illinois Environmental Protection Agency

Division

of Water Pollution Control

2200 Churchill Road

Springfield, Illinois 62706

3.

The Petitioner

shall continue to sample and

analyze

its effluent and submit discharge

monitoring reports

to the Agency as

required

by its NPDES Permit #IL0034495.

4.

The Petitioner

shall

limit the time(s)

that

chlorination is discontinued

to those

necessary

to complete the work on the

chlorination facilities in a safe,

timely, and

efficient manner.

72-106

---

—5—

5.

The Petitioner shall operate and maintain its

Sewage Treatment Plant #1

so as to provide the

best effluent practicable.

6.

Within 10 days of the date of the Board’s

Order,

the Petitioner

shall execute

a

Certification of Acceptance and Agreement

which

shall

be sent to Mr. James Frost of the

Agency at the following address:

Mr. James Frost

Illinois Environmental Protection Agency

Division

of Water pollution Control

2200 Churchill Road

Springfield, Illinois

62706

This certification shall have the following form:

I,

(We),

,

having read

the Order

of the Illinois Pollution Control Board

in PCB 86—135,

dated August

28, 1986,

understand and accept the said Order,

realizing that such acceptance renders all

terms and conditions

thereto binding and enforceable.

Petitioner

By:

Authorized Agent

Title

Date

IT IS

SO ORDERED.

I, Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that the abov~Opinion and Order was

adopted on

the

~‘f’~

day of

~

,

1986 by a

vote

of

~

.

Dorothy

M. Gin, Clerk

Illinois Pollution Control Board