ILLINOIS POLLUTION CONTROL BOARD
    June 9
    ,
    1977
    CITY OF LEROY,
    Petitioner,
    v.
    )
    PCB 77—58
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Young):
    rrhis matter comes before the Board on the variance petition
    filed on February
    22,
    1977, by the City of LeRoy seeking variance
    from Rules 203(c) and 402 of the Water Pollution Regulations as
    regards phosphorus. On May 31, 1977, the Agency filed an Amended
    Recommendation favorable to the grant of the variance and on June
    6, 1977, the parties jointly waived hearing in this matter.
    The Board has previously dealt with many petitions in which
    relief was sought from the requirement of meeting the phosphorus
    water quality standard. village of Argenta and Village of Cerro
    Gordo, PCB 75—182, POE 75-183, 18 PCB 152; Village of Strasburg,
    ~~76-28;
    Old
    Ben Coal Company, PCB 76-21; City of Hoopeston,
    PCB 76-234. Although the City of LeRoy, with a population of
    approximately 2400 persons, does not presently have a central
    sewage treatment facility, the City proposes to install such
    facilities with the assistance of State/Federal grants. Because
    it is expected that the City will contribute to a phosphorus water
    quality violation, Agency approval for the funding cannot be obtained
    unless the City is granted a variance.
    T~1thouqi the Aqrncy
    doo~ not
    spec~i
    I ra 1 1 y so state In
    this
    Reec)Inrm~ridtion, on many prior oc(’a~ion~
    1(
    Pep’ney has; ~tatcd
    that
    req
    ui ri
    in ph ~ pho ru~ removal
    Lo thu C)
    .
    05 mq/ 1 eve I is no t
    1)0th
    technically
    feasible and economically reasonable. Consistent with
    this belief, the
    Agency has filed a Petition for Regulatory Change
    (R76-1)
    with
    the Board which would
    amend the regulations by requiring
    only point sources which have 1500 or more population equivalent
    and which discharge into impoundments of greater than twenty acres
    to treat the wastewater to a level not to exceed 1
    mg/i prior to
    discharge. The Petitioner’s proposed facility has a design average
    flow in excess of 1500 population equivalent and if the regulation
    is adopted as proposed the Petitioner would be required to treat
    to a level of 1 mg/i phosphorus.
    25
    —
    727
    —2—
    As in the earlier cited cases, the Board finds here that
    the Petitioner would suffer an arbitrary or unreasonable hardship
    if required to meet the 0.05 mq/1 phosphorus water quality standard
    and will therefore grant the requested relief. This variance will
    be granted subject to the condition that Petitioner shall comply
    with the terms of R76-l or other modified phosphorus standards,
    when and if adopted by the Board, or shall seek a variance therefrom.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Petitioner, City of LeRoy, is granted a variance for its
    sewage treatment plant from Rules 203(c) and 402 of Chapter 3:
    Water Pollut~ion Control Regulations as regards phosphorus until
    June 1, 1982, subject to the following conditions:
    1. The Petitioner’s plant shall be designed and constructed
    to allow for the possible future installation of appropriate
    phosphorus removal facilities.
    2. This variance will terminate upon adoption by the Board
    of any modification of
    the existing phosphorus water quality
    standards or effluent limitations and the Petitioner shall comply
    with such revised regulations when adopted by the Board, or shall
    seek a variance therefrom.
    3. Within 35 days of the date of this Order, the Petitioner
    shall submit to the Manager, Variance Section, Division of Water
    Pollution Control, Illinois Environmental Protection Agency, 2200
    Churchill Road, Springfield, Illinois, 62706, an executed Certifica-
    tion of Acceptance and agreement to be bound to all terms and con-
    ditions of the variance. The form of said certification shall be
    as follows:
    CERTIFICATION
    I, (We), _______________________________
    having read
    thu
    Order
    c 1 the
    Pollu Lion
    Control Hoard in PCL3 77—58
    understand
    and accept said Order, realizing that such
    acceptance renders all terms and conditions thereto
    binding and enforceable.
    SIGNED
    TITLE
    DATE
    25
    —
    728
    —3—
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~by certify the above Opinion and Order were
    ado ted on the
    ~ day of~-~t~
    ,
    1977 by a vote
    of~
    .
    Christan L. offe
    ,
    lerk
    Illinois Pollution ntrol Board
    25
    —
    729

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