ILLINOIS POLLUTION CONTROL BOARD
August
31, 1989
ILLINOIS POWER CO.
-
BALDWIN,
)
Petitioner,
v.
)
PCB 89—134
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.
Anderson):
This matter comes before
the Board upon
a recommendation
filed by the Illinois Environmental Protection Agency
(“Agency”)
on August
29,
1989 recommending that the Board grant
a 45—day
provisional variance
to Illinois Power Company’s Baldwin Power
Station (“Illinois
Power”).
Illinois Power requests
this
provisional variance from 35
Ill.
Adm. Code 304.120 and
304.141(a)
for biochemical oxygen demand
(BOD)
and total
suspended solids
(TSS).
On August
21,
1989,
the Agency received
a request
for a provisional variance from Illinois Power.
Illinois Power
is requesting a variance to allow
their sanitary
treatment plant’s
(STP)
trickling filter to be taken out of
service so that it can be upgraded, and to allow the facility to
exceed its NPDES effluent limitations during the period that the
unit is out of
service.
Illinois Power owns and operates a coal—fired generating
station located near Baldwin,
Illinois
in St.
Clair and Randolph
Counties.
The station is designed to provide a maximum capacity
of 1680 megawatts.
The STP consists
of a
“flow equalization
tank, spirohoff tank,
trickling rock filter,
final clarification
chamber and chlorine contact
tank.
Effluents are fist discharged
to an enclosed basin in Baldwin Lake.
From the basin,
waters are
pumped to the ash pond which ultimately discharges
to the
Kaskaskia River.”
(Variance
request at par.
II).
Illinois Power
is presently required by
its NPDES permit
(1L0000043)
to meet
effluent limitations of
30 mg/i monthly average for both BOD and
TSS.
Illinois Power
states that “the efficiency of
the STP has
been drastically reduced because the trickling filter
is not
functioning properly
resulting
in poor treatment plant
performance particularly during cold weather.”
(Variance Request
at par.
III).
Illinois Power also states that the filter media
of the trickling filter
is “not accomplishing proper removal,
possibly due
to some type of pluggage, and the underdrain system
has likely collapsed.”
(Variance Request
at par.
V).
Illinois
102—263
—2—
Power states that “replacement of both the filter media and
underdrainage system should prevent further deterioration of the
effluent quality and ensure permit limits are not exceeded
in the
future.”
(Id.)
Illinois Power has stated that during
the upgrade
work, all flows will still go through the spirohoff tank and the
clarifier.
Illinois Power
is requesting that their effluent
limits
for BOD and TSS be raised to 60 mg/i for
a monthly average
and 120 mg/i for a daily maximum
(both concentration limits).
The Agency states that it agrees with Illinois Power
that
the impact on the Kaskaskia River will be negligible.
The
Agency’s decision is based on the relatively small wastewater
discharge volumes,
the routing of the effluent first
to an
enclosed basin and then to the ash pond before discharging to
the
Kaskaskia River,
the treatment provided by the remaining
treatment units and the short duration of the variance.
(Agency
Rec.
at par.
7).
The Agency also states that it believes
that
Illinois Power has chosen the best alternative
for correcting the
problem and for bringing their plant back into full compliance
with their NPDES effluent limits during the winter months.
The Agency states that it agrees with Illinois Power
that
denial of the provisional variance would impose an arbitrary or
unreasonable hardship on the plant.
The Agency also states that
there are no federal laws which would preclude the granting of
this variance and that it
is not aware of any public water
supplies which would be adversely affected by granting this
provisional variance.
The Board having
received notification from the Agency that
compliance on
a short
term basis with the effluent limitations
imposed by 35
Ill. Adm. Code 304.120 and 304.141(a) would impose
an arbitrary or unreasonable hardship upon Illinois Power and the
Board concurring
in that notification, will grant
Illinois
Power’s provisional variance, subject
to the conditions suggested
by the Agency.
This Opinion constitutes the Board’s findings of fact and
conclusions of
law in this matter.
ORDER
1.
Illinois Power Company’s Baldwin Power Station
is hereby
granted provisional variance from 35
Ill.
Adm. Code
304.120 and 35
Ill. Adm. Code 304.141(a)
for BOD and TSS,
subject
to th~following conditions:
A.
Variance shall commence upon the date the Trickling
Filter
is removed from service and continue for 45
days.
B.
During the period of this variance, the effluent
102—264
—3—
B.
During the period of
this variance,
the effluent
discharged shall
be limited to
60 mg/l for a monthly
average and 120 mg/i for a daily maximum for both
BOD and TSS (concentration limits).
C.
Petitioner shall notify Eric Merz of the Agency’s
Collineville Regional Office via telephone at
618/346—5120 when the trickling filter
is removed
from service, and when the unit is returned to
service.
Written confirmation of each notification
shall be submitted within
5 days to the following
address:
Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois 62794—9276
Attn:
Barbara Conner
D.
Petitioner shall
return the trickling filter to
service as quickly as possible, and shall provide
the best treatment practicable during the variance.
E.
Petitioner
shall obtain the necessary construction
permits from the Agency before
initiating
construction for the repair work.
2.
Within 10 days of
the date of this Order,
Petitioner
shall execute a Certificate
of Acceptance and Agreement
which shall be sent to Barbara Conner at the address
indicated above.
This variance shall be void if Petitioner fails to execute
and forward the certificate within the ten day period.
The ten
day period shall be held
in abeyance during any period that this
matter
is being appealed.
The form of said certification shall
be as follows:
102—265
—4—
CERTIFICATION
I,
(We), Illinois Power Company
—
Baldwin, having read the
Order of the Illinois Pollution Control Board, in PCB 89-134,
dated August
31,
1989, 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
Section 41 of the Environmental Protection Act,
Ill.
Rev.
Stat.
1987,
ch. ll1~,par.
1041, provides
for appeal of Final
Orders of the Board within 35 days..
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT
IS SO ORDERED.
I,
Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
J/~
day of ____________________________
1989, by a vote of
£-C
•
~
~7.
4-~
Dorothy M.,4unn, Clerk,
Illinois P~lutionControl Board
102—266