ILLINOIS POLLUTION CONTROL BOARD

July 20,

1978

CITIZENS UTILITIES

COMPANY

OF

)

ILLINOIS,

Petitioner,

v.

)

PCB 78—123

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

On May

1,

1978,

Citizens Utilities Company of Illinois

(Citizens) petitioned the Board for a Variance from the effluent

limitations for five-day biochemical oxygen demand

(BOD5), sus-

pended solids

(SS), and ammonia nitrogen.

More specifically,

Citizens is requesting a variance from Rules 404(f),

402, and

203(f)

of Chapter

3:

Water Pollution.

Citizens waived its

rights to a hearing under Procedural Rule 401(b).

Citizens

is an Illinois corporation and a public utility

within the meaning of the Illinois Public Utilities Act providing

water and sanitary sewer service to approximately 20,000 customers

in the metropolitan Chicago area.

Citizens

is requesting

a

variance which would allow it to discharge an effluent from its

West Suburban Plant No.

1

(Plant) with up to 20 mg/l BOD,

25 mg/l

SS on a 30-day average, and an upper limit of

15 mg/l ammonia

nitrogen.

The plant discharges into Lily Cache Creek,

tributary

to the DuPage River.

In order for Citizens to study alternative

long-term solutions to violation of the Plant’s NPDES permit

effluent limitations, Citizens

is requesting that the variance

be granted through December 31,

1978.

In the past three years,

Citizens has expended approximately

$220,000

to make improvements to the Plant in an attempt to meet

the effluent limitations imposed by the NPDES permit, and has

31.1

1•1

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—2—

taken steps

to improve operating procedures.

In addition, Citizens

has retained Environmental Systems Corporation, consulting engi—

neers, which has commenced an engineering study to determine

(a)

the reasonableness of effluent limitations contained in the NPDES

permit to determine whether less stringent limitations may be

appropriate; and

(b)

the alternative methods of compliance with

the NPDES permit as presently specified.

Citizens claims that because of the complexity of the study

it will take until December 31,

1978 for its completion and

requests variance be granted until that time.

During the variance

period, Citizens proposes

to exercise strict control over opera-

tions and to test possible chemical treatment techniques in order

to achieve the best practicable compliance with the effluent limi-

tations.

Environmental Systems Corporation has advised Citizens

that continued discharge will impose no adverse environmental im-

pact on human, plant and animal life in the affected area because

Lily Cache Creek sustains no life and

in dry weather has no flows

other than effluent from the Plant.

The Agency made

a biological

survey of Lily Cache Creek

in June,

1975 which showed some bio-

logical life did exist

in the Creek downstream from the Plant and

also concluded that the Plant was the major source of contamination

in the immediate area.

Citizens asserts that unless the Board grants the requested

variance and permits completion of the study,

its customers and

the public will suffer an arbitrary and unreasonable hardship.

The Agency believes that a variance until December 31,

1978 is

not justified but that a variance until September 1,

1978

is

warranted.

The Board will grant variance until December 31,

1978,

but will order Citizens to submit their compliance plan by October

1, 1978 to allow the Agency time to consider the plan during the

term of the variance.

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that Citizens

Utilities Company of Illinois be granted a variance from Rules

203(f) (ammonia nitrogen),

402 and 404(f)

of Chapter

3 until

December 31,

1978,

subject to the following conditions:

1.

Effluent from the Plant not exceed

20 mg/i

31-112

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—3—

BOD,

25 mg/i suspended solids and 15 ing/l

ammonia nitrogen during the period of this

variance.

2.

A firm compliance schedule be submitted to

the Agency no later than October

1,

1978.

3.

Pursuant to Rule 914 of Chapter

3,

the Agency

shall amend Citizens’ NPDES permit so as to be

consistent with the Order herein.

4.

Within

45 days after the date of this Order

Citizens shall execute and

forward

to the

Illinois Environmental Protection Agency,

Variance Section,

2200 Churchill Road,

Springfield,

Illinois,

62706,

a Certificate

of Acceptance and Agreement to be bound to

all terms and conditions of the Variance.

This

45 day period shall be held in abeyance

for any period during which this matter is

appealed.

The form of said Certification

shall be as

follows:

CERTIFICATION

I

(We),

having read and

fully understanding the Order of the Illinois Pollution

Control Board in PCB 78-123 hereby accept said Order and

agree

to be bound by all terms and conditions thereof.

SIGNED_____________________________

TITLE____________________________

DATE____________________________

Mr. Dumelle dissents.

I,’Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the ab ye Opinion and Order

were adopted on the~~__dayof

,

1978 by a vote

C ristan

L. Moffet~

Illinois Pollution

trol Board