ILLINOIS POLLUTION CONTROL BOARD
April 24, 1975
CARTHAGE INDUSTRIAL DEVELOPMENT
CORPORATION AND CITY OF CARTHAGE,
)
Petitioners,
v.
)
PCB 75—48
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Dr. Odell)
Carthage Industrial Development Corporation and City of
Carthage filed a Petition For Variance with the Illinois Pol-
lution Control Board (Board) on February 3, 1975. Petitioners
sought relief from the prohibition of
the Illinois
Environmental
Protection Agency (Agency) against construction and operation of
a sanitary sewer extension pursuant to Section 39 of the Illinois
Environmental Protection Act (Act) and Rule 962(a) of the Water
Pollution Regulations (Chapter Three). The Agency Recommendation
of March 3, 1975, concluded that the variance should be denied
until certain measures were carried out, especially until an
interim compliance plan was developed in response to the ~qency’s
letter of October 18, 1974, to the City of Carthage. In its
Interim Order of March 13, 1975, the Board set out the fact situa-
tion in full and gave Petitioners until April 1, 1975, to develop
an interim compliance plan following the 18 points in the letter
of October 18. The Agency was ordered to comment by April 8,
1975, on the Petitioner’s interim compliance plan.
The parties have timely filed the required information.
The Interim Compliance Plan was filed by the City on March 31,
1975, and the Agency Comments To Interim Compliance Plan were
filed April 9, 1975. The Agency did not oppose the grant of the
variance, subject to revisions in two sections of the Interim
Compliance Plan. On the facts in this case, we rule that the
variance be granted. The Order is written to incorporate the
revisions suggested by the Agency.
This Opinion constitutes the findings of fact and con-
clusions of law of the Board.
ORDER
Carthage Industrial Development Corporation and the
City of Carthage are hereby granted a variance from Section 39
16~471
—2—
of the Act and Rule 962(a) of Chapter Three, subject to the
following conditions:
(a) The City of Carthage shall carry out the terms and
conditions of the March 31, 1975, Interim Compliance Plan unless
modified by other conditions of this Order.
(b) Instead of item 6 in the Interim Compliance Plan,
the City of Carthage shall:
I. Remove all scum, grease and floating matter
from the surface of the Imhoff tank within
15 days of the adoption of this Order and
the tank surface thereafter shall be kept
free of scum, grease and floating matter.
2. Loosen and remove all sludge from the lower
portion of the Imhoff tank, especially in
the south end. If necessary, a high pressure
pump and hose using water from the final
clarifier shall be used to dislodge sludge.
This work shall be performed within 30 days
of the adoption of this Order.
3. On a regular basis in the future, as deter-
mined to be necessary by weekly sounding of
the sludge levels in the Imhoff digestor com-
partment, remove sludge by portable pump from
the south end of the Imhoff tank, where valves
are inoperative.
(c) In addition to the requirements in the Interim Com-
pliance Plan item 9, if rodding does not correct the situation
the City of Carthage shall replace the media if it is feasible
to do
so.
If the rodding is unsuccessful the City shall also
have its City engineer conduct the engineering investigation,
the results of such investigation to be supplied to the Agency
by July 1, 1975. The City shall provide to the Agency a detail-
ed cost analysis concerning the replacement of the upper two feet
of media by July 1, 1975.
(d) The City of Carthage shall send completion reports
to the Agency within 5 days after the completion dates in the
Interim Compliance Plan. The reports shall be sent to Manager,
Variance Section, Division of Water Pollution Control, Illinois
Environmental Protection Agency, 2200 Churchill Road, Springfield,
Illinois 62706.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
ad,opted on the~L1~’day of
_____________,
1975, by a vote of
‘-f
top
Christan L. M~tt