ILLINOIS POLLUTION CONTROL BOARD
    June 7, 1973
    )
    CITY OF BELLEVILLE
    )
    )
    )
    v.
    )
    PCB 73-91
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)
    This is a petition for variance requesting relief from
    Rules 404(f), 921(d) and 1002 of the Water Regulations. Hearing
    was held on May 10, 1973.
    The City owns and operates two activated sludge secondary treat-
    ment plants. The design average daily flow of Plant #1 is 8.4 mgd
    and that of Plant #2 is 0.4 mgd. Both plants discharge to inter-
    mittent streams having a dilution ratio of less than one to one.
    Rule 404(f) requires that by December 31, 1973 no effluent
    shall exceed 4 mg/l BOD and 5 mg/l suspended solids where the dilu-
    tion ratio is less than one to one. In October, 1971 the City was
    issued Agency permits for the construction of improvements designed
    to bring the plants into compliance with Rule 404(f).
    The Agency informed Petitioner that a certified basin plan
    was a necessary prerequisite of the Federal Water Quality Office
    prior to the acceptance of grant applications. The Southwestern
    Illinois Metropolitan Planning Commission (SIMAPC) has prepared
    an Interim Metro Plan which includes the City of Belleville.
    Petitioner received SIMAPC’s certification on October 2, 1972,
    thereby fulfilling the requirement for State and Federal grant
    applications.
    Petitioner’s Construction Permits have now expired and must
    receive Agency renewal because construction was not undertaken
    within a year from the date the permits were issued. These permits
    cannot be renewed or reissued since the project does not have an
    approved Project Completion Schedule as required by Rule 921(d).
    On August 28, 1972, Petitioner submitted a Project Completion Schedule
    to the Agency. The schedule could not be approved because compliance
    with Rule 404(f) was scheduled for December 31, 1974, one year after
    the required compliance date.
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    The Agency has recommended to the U.S. Environmental Protection
    Agency that a grant offer be extended to Petitioner. Petitioner’s
    project has a certification number of 1-73 for FY73. In light of
    the high State and Federal priority number, it is reasonably certain
    that Petitioner will receive the necessary funding to assure the
    required upgrading.
    Petitioner’s present inability to file an approvable project
    completion schedule is due primarily to uncertainties of regionali-
    zation and compliance with Federal requirements for funding. The
    Agency believes that there is significant benefit in requiring
    Petitioner to file a Project Completion Schedule containing dates
    which Petitioner can follow even though the dates submitted do not
    reflect the requirements of the Water REgulations and are not approvable
    by the Agency.
    The Agency believes that compliance with Rules 921(d) and 1002
    imposes a sufficiently arbitrary and unreasonable hardship in that
    the requirement of a Project Completion Schedule would impose further
    delay in beginn:ing construction of improved sewage treatment facilities,
    The Agency reports that neither intermittent stream receiving
    effluent from Petitioner’s plants show any adverse effects from the
    effluents. The apparent absence of adverse effect of Petitioner’s
    discharges combined with justifiable reasons for delay, a high
    probability of State and Federal grants and an apparent willingness
    of Petitioner to proceed with construction; causes the Agency to
    believe that the petition for variance should be granted.
    Based upon the evidence and the Agency’s recommendation we
    will grant the variance for one year so that the permits may be
    issued and construction may begin.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    The variance is granted from Rules 404(f), 921(d) and 1002
    of the Water Regulations for one year from the date of this order,
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order were adopted on the
    7
    ~ day of June, 1973 by a vote of
    £4
    /Y\ ~dJsE
    Christan L. Mof’fet’t,/~1erk
    Illinois Pollution ~~/itrolBoard
    8
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