ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1989
    CITY OF CHARLESTON,
    )
    (Coles County,
    1L0021644)
    Petitioner,
    v.
    )
    PCB 89—62
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER
    OF THE BOARD (by
    3. Marlin):
    This matter comes before the Board upon
    a Recommendation
    filed
    by the Illinois Environmental Protection Agency
    (“Agency”)
    on April
    6,
    1989 recommending that the Board grant
    a 45—day
    provisional variance
    to the City of Charleston
    (“Charleston”).
    Charleston requests this variance to allow
    it
    to discharge from
    its excess storm water lagoons while
    a siphon pipe
    is being
    installed
    in the lagoons and thereby exceed
    its effluent
    limitations
    for
    five day biochemical oxygen demand
    (BOD)
    and
    total suspended solids (TSS).
    Charleston’s wastewater treatment facilities
    (WWTP) consist
    of
    a main pump station, aerated grit chamber, primary clarifiers,
    activated sludge aeration basins,
    secondary clarifiers,
    tertiary
    sand filters, effluent chlorination,
    flow measurement,
    anaerobic
    digeste~s, excess stoLm~1ater lagoons,
    and sludge handling
    facilities.
    The WWTP, which has a design average flow of 4.0
    million gallons
    per day,
    discharges
    its effluents
    into Cassell
    Creek which
    then empties
    into Riley Creek,
    then into Kickapoo
    Creek, which empties
    into the Embarras River.
    Charleston’s NPDES
    permit requires
    it
    to meet effluent
    limitations of
    10 mg/i
    (monthly average)
    for Bod and
    12 mg/i
    (monthly average) for TSS
    (both concentration limits).
    According
    to the Agency,
    Charleston’s wastewater
    treatment
    plant has been experiencing
    a problem with filamentous bacteria
    for the past several months.
    The filamentous bacteria has
    resulted
    in settling problems with
    the clarifiers at the
    facility, which
    reduces the hydraulic capability of the treatment
    plant.
    With
    this
    reduction
    in capability,
    partial
    flows have
    been
    diLected
    to
    StOLTflW~~teL
    holding
    lagoons.
    These
    lagoons a~e
    designed
    to hold additional
    flows until such time
    as capacity
    is
    available
    at the facility.
    When capacity
    is available,
    the
    wastewater- held
    in
    the lagoons can be bled back
    for- complete
    treatment.
    The lagoons are designed
    only for bleed—back
    capabilities,
    not for discharging.
    98—97

    —2—
    The Agency further explains that through
    the use of sodium
    hypochloride,
    the filamentous bacteria problem began to improve
    on April
    3,
    1989.
    However,
    in the process of getting
    this
    problem resolved,
    the stormwater
    lagoons were nearly filled
    to
    their capacity.
    On April
    2—3,
    1989, Charleston received
    approximately
    21/2n
    of
    rain.
    This heavy rain resulted
    in the
    lagoons filling
    to the top and overflowing.
    As the structual
    stability of
    the lagoons was at question at
    this point, flows
    to
    the lagoon were stopped,
    resulting
    in
    a discharge at
    an emergency
    manhole.
    Charleston
    is installing
    a siphon pipe
    in the lagoons
    to
    allow drawdown.
    Once the siphon
    is functional,
    flows beyond the
    capacity of
    the treatment plant can again be routed
    to the
    lagoons.
    The Agency states that
    this will result in no more
    discharge from the emergency manhold and that the discharge of
    the excess flows will
    at this point receive
    at least primary
    treatmenL
    in the
    lagoons prior
    to discharge.
    The Agency
    maintains
    that once the filamentous bacteria problem
    is totally
    resolved and the lagoons have the capacity to again receive
    stormwater flows
    only,
    this treatment scheme will
    no longer
    be
    necessary.
    The Agency states that denial of the variance would result
    in an arbitrary and unreasonable hardship for
    the following
    reasons:
    Petitioner has been dealing with
    an
    ongoing problem caused by filamentous
    bacteria.
    A denial
    of this variance
    could result in Petitioner
    increasing
    flows
    to the plant beyond
    its ability to
    meet effluent standards and pro.long
    a
    problem that
    is currently being
    resolved.
    By allowing this variance,
    Petitioner can continue to
    resolve the
    filamentous bacteria problem and return
    the plant
    to
    its normal mode
    of
    operation.
    (Agency Rec.
    at
    3).
    The Agency further states that
    it
    believes that due
    to the high flow of
    the receiving stream,
    Cassell
    creek,
    at this time and the remaining treatment provided
    by Charleston,
    that the environmental impact will be minimal.
    The Agency also states that
    it does not believe
    that there will
    be any adverse impacts on any downstream public water supplies.
    The nearest downstream public water supply
    is the City
    of
    Newton.
    This
    supply
    is
    about
    40—45
    miles downstream
    i.om
    Charleston’s
    discharge.
    According
    to the Agency,
    no adverse
    impact should occur-
    to this supply.
    Finally,
    the Agency states
    that
    it
    is not aware
    of any federal regulations which would
    preclude the granting of
    this variance.
    The Agency recommends,
    therefore,
    that Charleston
    be granted
    a provisional variance,
    98—98

    —3—
    subject to certain conditions.
    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)
    (as
    they
    relate to BOD and TSS), would impose an arbitrary or unreasonable
    hardship upon Charleston,
    and the Board concurring
    in that
    notification, will grant Charleston’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.
    The City of Charleston
    is hereby granted provisional
    variance from
    35
    Ill.
    Adm.
    Code 304.120 and 304.141(a),
    as they
    relate to BOD and TSS,
    subject
    to the following conditions:
    a.
    This variance shall commence April
    3,
    1989
    and shall terminate May 18,
    1989
    or when
    the treatment plant returns
    to
    its normal
    mode of operation with capacity available
    for stormwater
    flows, whichever occurs
    first.
    b.
    During
    the period
    of this variance, the
    effluent discharged by
    the mixture
    of the
    excess lagoons and the treatment plant
    shall
    be limited
    to 30 mg/i monthly
    average
    for both BOD and Tss.
    c.
    Charleston shall notify the Agency’s
    Champaign Regional Office by telephone
    within twenty—four
    (24) hours when the
    plant returns
    to
    its normal mode
    of
    operation.
    Written confirmation
    shall
    be
    submitted within
    5 days
    to the following
    address:
    Illinois Environmental Protection
    Agency
    2125 South
    Fir-st Street
    Champaign,
    Illinois
    61820
    Attn:
    Steve
    Baldwin
    and
    Illinois Environmental Protection
    Agency
    Division of Water Pollution Control
    98—99

    —4—
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    Illinois 62794—9276
    Attn:
    Pat Lindsey
    d.
    During this provisional variance,
    Charleston shall operate
    its wastewater
    treatment facility so as
    to produce
    the
    best effluent practicable.
    Additionally,
    Charleston
    shall
    return all
    influent flow
    through the treatment plant
    for complete
    treatment as soon
    as possible.
    e.
    During
    this provisional variance,
    Charleston
    shall monitor
    the effluent
    for
    the parameters
    as listed
    in their NPDES
    Permit IL002l644 from the point
    of where
    the lagoon discharge
    and plant effluent
    converge and mix prior
    to discharge.
    2.
    Charleston shall, within ten (10)
    days of the date of
    this Order,
    execute
    a Certificate of Acceptance and Agreement
    agreeing
    to he bound
    to the terms
    and conditions of the variance
    and sent
    to the Springfield address above.
    This variance shall
    be void
    if Petitioner
    fails
    to execute
    and forward
    the certificate within forty—five day period.
    The
    forty—five 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:
    CERTIFICATION
    I,
    (We), City of Charleston,
    having read the Order
    of
    the
    Illinois Pollution Control Board,
    in PCB 89—62, dated April
    6,
    1989,
    understand
    and accept the said Order,
    realizing that such
    acceptance
    renders all terms and conditions thereto binding and
    enfor ceahie.
    Petitioner
    By:
    Authotized Agent
    Title
    Date
    98—100

    —5—
    Section
    41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    1111/2,
    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
    _____________
    day of _________________________
    1989,
    by a vote of
    7—i’
    .
    Illino
    Pol
    ion Control Board
    98—101

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