ILLINOIS POLLUTION CONTROL BOARD
    April
    4,
    1974
    )
    DANVILLE SANITARY DISTRICT
    )
    )
    )
    v.
    )
    PCB 74-12
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    RICHARD
    J.
    KISSEL, appeared on behalf of the Danville Sanitary
    District
    JOHN H.
    REIN,
    appeared on behalf of the Environmental Protection
    Agency
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Dumelle):
    The Danville Sanitary District (District)
    filed
    a Variance
    Petition on January
    7,
    1974.
    The Environmental Protection
    Agency
    (Agency)
    filed
    a Recommendation on February 19,
    1974.
    A hearing was held on February 26,
    1974.
    On March
    8,
    1974 the
    District filed
    a Brief.
    The Agency, on March 15, 1974,
    filed
    a Statement in Lieu of a Brief.
    On March
    26,
    1974 the Agency
    filed a Supplemental Statement~
    The District operates
    an activated sludge treatment plant
    which treats the waste of the City of Danville and certain
    industries located within the City of Danville.
    The District
    seeks
    a variance from Rules 404,
    602, and 1002
    of Chapter
    3,
    Water Pollution Regulations of the Illinois Pollution Control
    Board
    (Water Regulations) and an Order from the Board directing
    the District
    to abate all violations
    of
    the Environmental Protection
    Act and Regulations promulgated thereunder.
    The Agency has
    interpreted the District~srelief as
    a request for a variance
    from Rules
    404(b),
    (c),
    and
    (f),
    602(d),
    and that Part
    of Rule
    1002 which requires the filing of
    a Project Completion Schedule
    showing compliance by the applicable deadline date.
    The Agency
    recommends
    that the District be granted a variance until April
    1,
    1977 subject to
    four conditions.
    The Agency recommends
    that
    the District’s request for an order to abate violations
    of the
    Act and Regulations
    be denied because it believes that
    the Board
    lacks
    the authority to issue an enforcement-type order such
    as
    “an order to abate” in
    a variance case, citing Citizens Utility
    Company
    v.
    Illinois Pollution Control Board, 28~NE 2d 642
    (November
    16, 1972).
    12—21
    The District’s effluent
    is currently regulated by Rule
    404(b)
    of the Water
    Regulations which requires
    a discharge within
    the effluent standards of
    20 mg/i BOD and
    25 ~g/l of total suspended
    solids.
    The District established that it cannot consistently,
    on
    a monthly basis, currently meet this requirement
    (R.
    40,
    District Exhibits 1-2 through
    8).
    On December 31, 1974 the
    I)istrict’s effluent must comply with the effluent limitation
    found in Rule 404(f) which requires compliance with 10 mg/l BOD
    and 12 mg/l of total suspended solids.
    •On December
    7,
    1972 the
    Agency approved the District’s request for a Pfeffer exemption
    from the
    4 mg/l of BODç and
    5 mg/l of
    total suspended solids
    effluent limitation.
    Dr. James
    W.
    Irvin, Ryckman, Edgerley,
    Tomlinson ~ Associates, testified that the District will not
    comply with Rule
    404(f)
    on December
    31,
    1974
    (R.
    40).
    The District has begun
    a program to design and construct
    an advanced waste treatment system which will meet the effluent
    requirements of Rule 404(f)
    as well as other applicable standards
    (R.
    39).
    The total cost of the District’s compliance program
    is $19,505,368
    (R.
    22).
    The District states that because of
    the
    5
    limitation on bonding authority contained in the Sanitary
    District Act of 1917,
    that
    it has
    a $6,425,000
    limit on bonding
    funds
    (District’s
    Brief page
    18).
    The District has
    $3,660,000
    in outstanding bonds which
    leaves
    $2,765,000 of available general
    obligation bonding money
    (District’s
    Brief
    page 18).
    The
    District will have available approximately
    $15 million in federal-
    state grants to cover capital costs
    if
    the District can raise
    the approximate
    $5 million share
    (R,
    24).
    Dr.
    Irvin,
    the District consulting engineer, testified that
    the District’s effluent should not have any adverse effect on
    water quality in the Vermillion River iue to flows
    in the River.
    The Agency agrees that the continued discharge from Petitioner’s
    plant at present levels of BOD and suspended solids should not
    have significant adverse effect on the River (Agency Recommendation
    page 11).
    The Agency further stated that
    the Vermillion River
    is not aesthetically impaired by Petitioner’s. plant effluent
    (Agency Recommendation Page
    8).
    Because no
    adverse~effect was
    shown,
    the Board
    finds
    that the Districtts compliance schedule is
    reasonable.
    To require immediate compliance with Rule 404(b)
    and compliance with Rule 404(f)
    on December 31, 1974 would be
    impossible.
    The District has taken steps
    to eliminate past
    problems such as excessive fluoride
    and suspended solids
    in its
    effluents caused by high-strength industrial carbohydrate waste
    (R.
    20 ~ 27).
    Because
    of the District’s past actions in solving
    water pollution problems and the reasonableness of
    its project com-
    pliance schedule, the Board grants
    the District
    a variance.
    This Opinion constitutes
    the Board~sfindings of fact
    and conclusions of
    law.
    1—22
    -3-
    ORDER
    The Pollution Control Board hereby grants the Danville
    Sanitary District a variance from Rules 404(b),
    404(c),
    404(f)
    602(d) (1) and that part of Rule 1002 of the Water Regulations
    which requires submission of a Project Completion Schedule
    showing compliance by the applicable
    deadline dates until April
    1,
    1975,
    subject to the following conditions:
    1.
    The Danville Sanitary District shall abate its discharge
    of inadequately treated sewage in accordance with
    a Project
    Completion Schedule containing
    the following schedule:
    (a)
    Completion of preliminary plans
    and sewer system
    evaluation by August,
    1974;
    (b)
    Completion of final plans
    and specifications by
    September,
    1974;
    (c)
    Initiation of construction by March,
    1975;
    (d)
    Completion of construction by April,
    1977;
    2.
    Petitioner
    shall within 120 days of the date of the Board’s
    Order in this matter submit
    a Project Completion Schedule
    showing compliance by the dates proposed in its Petition
    for Variance.
    3.
    Petitioner shall conduct further experimentation with the
    sludge bulking problem in order
    to prevent its re-occurrence
    and
    to maintain effluent concentrations
    of ammonia as
    low as possible.
    4.
    Petitioner shall
    submit bi-monthly progress reports
    documenting efforts toward compliance with
    the above
    conditions
    to
    the Agency and the Board.
    IT
    IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order were adopted
    on the
    ~
    day of April, 1974 by a vote of
    ~r—o
    @LJ~s~
    ,i~
    JJtb
    Christan~L. Moffett,
    ,~rk
    Illinois Pollution CoV~rolBoard
    12—23

    Back to top