ILLINOIS POLLUTION CONTROL BOARD

May

12, 1977

Petitioner,

PCB 77~85

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND

ORDER OF

THE BOARD

(by Mr~ Young):

This matter comes before the Board

on the variance petition

filed on March 17,

1977,

by the

Village of

Bement seeking relief

from Rules 203(c),

402,

404(f) (ii) (A)

and 404(f)(ii)(D) of the

Water Pollution Regulations

as regards phosphorus~

The Agency

Recommendation favorable

to the

grant of

the variance was fi1ed~

on April

19,

1977.

The Board has

previously

dealt with many

petitions

in

which

relief was sought from the requirement of meeting

the phosphorus

water quality standards

~

Goido, PCB 75~l82, PCB 75~l82,18 PCB 152;

~4JL~r~2~ur,

PCB 76~28;

~

PCB 76~21;

~

PCB 76-234~

In this instance, Petitioner

seeks

relief so that

it can proceed with its grant activities and the upgrading of

its existing sewage treatment plants

The Agency states

that

requiring phosphorus removal

to the

0~05mg/i level

is not both technically feasible

and economically

reasonable

(Rec~

4)~

Consistent with this belief,

the Agency has

filed a Petition

for

Regulatory Change (R76~l)

with the Board which

would amend the

regulations

by requiring only

point sources which

have 1500 or more population equivalent and which

discharge into

impoundments of greater than twenty acres to treat

the wastewater

to a level not to exceed

I mg/i prior to discharges

The Villag&s

facility is presently serving a population in

excess of 1500 and

if the regulation

is adopted

as proposed

the

Village would be

required to treat to a level of

1 mg/l phosphorus~

As in the earlier cited cases,

the Board finds

here that the

Village would suffer

an

arbitrary or unreasonable hardship

if

required to meet

the 0~05

mg/l phosphorus water

quality standard

and will therefore

grant

the requested relief.

If

grant funds

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—

487

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2—

are made

available,

and if

the Village remains

subject to phos-

phorus treatment

requirements,

the Board will require that the

Village install

and operate

the requisite equipment necessary to

reduce the phosphorus concentration in its discharge to

1 mg/i,

or to

whatever alternative

level

may

be set by the Board.

This Opinion

constitutes

the Board’s findings of fact and

ORDER

The Petitioner,

Village

of Bement,

is granted a variance

for its sewage treatment plant from Rules 203(c),

402,

404(f)

(ii) (A) and 404(f) (ii) (D)

of Chapter

3:

Water Pollution Control

Regulations

as regards phosphorus until May 1,

1982, subject to

the followThg conditions:

1.

This variance will 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 regulations when adopted by the Board.

2.

If grant

funds become available during the period of

this variance,

and

if

the Village remains subject to phosphorus

treatment requirements,

the

Village shall install and operate

the requisite

equipment

necessary to reduce the phosphorus con-

centration in its discharge

to

1 mg/i,

or to whatever alternative

level may be

set by the Board.

3.

Within 35 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 Certifi-

cation of Acceptance and agreement to

he hound

to all terms and

conditions of the

variance.

The form of said

certification shall

CERTIFICATION

I,

(We),

___________________________

having read

the Order of the Pollution Control Board

in

PCB 77-85,

understand and

accept

said Order, realizing that such

acceptance renders all terms and conditions thereto

TITLE

DATE

25

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488

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—3—

IT

19 SO ORDERED.

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Opinion and Order

were

adopted

op

the

~

day of

___________________,

1977 by

a

vote of ~

Christan L. Moffe~’,frjClerk

Illinois Pollution~-~ntro1

Board

25

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