ILLINOIS POLLUTION CONTROL BOARD

June 9 

1977

LAKE

IN THE HILLS SANITARY DISTRICT,

Petitioner,

v.

)

PCB 77-86

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND URDER OF THE BOARD (by Mr. Young):

This matter comes before the

Board on the variance petition

filed on March 22, 1977, by the Lake in the Hills Sanitary

District seeking relief from Rules 203(c) and 402 of the Water

Pollution Regulations as regards phosphorus. The Agency Recom-

mendation favorable to the grant of the variance was filed on

April 22, 1977, and on May 26, 1977, the Board granted the

Agency’s Motion to decide this matter without a hearing.

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, PCB 75—183, 18 PCB 152; Village of Strasburg~,

PCB 76-28; Old Ben Coal Company, PCB 76—21; City of Hoopeston,

PCB 76—234. In this instance, Petitioner seeks relief so that

it can proceed with its grant activities and the upgrading. of

its existing sewage treatment plant. The proposed treatment

plant is designed to produce an effluent containing no more than

1.0 mg/l phosphorus.

Although the Agency does not specifically so state in this

Recommendation, the \qency has 

prior occasions stated that

requiring phosphorus removal to the 

0.05 mg/i level is not both

technically ieasibj o and 

economically rcasonal)1 e. Consistent

with

this belief, the Agency has filed a Petition for Regulatory

Change (R76-l) 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

—

741

—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 mg/l phosphorus water quality standard

and will therefore grant the reouested relief. The Board will

require that the Petitioner install and operate the requisite

equipment necessary to reduce the phosphorus concentration in

its discharge to 1 mg/i, in accordance with the compliance schedule

contained in its grant program.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The Petitioner, Lake in the Hills Sanitary District, is granted

a variance f3r its sewage treatment plant from Rules 203(c) and 402

of Chapter 3: Water Pollution Control Regulations as regards phos-

phorus until June 1, 1982, subject to the following conditions:

1. This variance will terminate upon adoption by the Board

of any modification of the existing phosphorus water quality

stnadards and effluent limitations and the Petitioner shall comply

with such revised regulations when adopted by the Board.

2. If grant funds become available during the period of

this variance, and if the Petitioner remains subject to the phos-

phorus water quality limitations, the Petitioner shall install

and operate the requisite equipment necessary to reduce the phos-

phorus concentration in its discharge to 1 mg/l, or to whatever

alternative level may be set by the Board.

3. Within 35 days of the date of this Order, the Peti~tioner

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 aqreement to be bound to all terms and con-

ditions of the variance. The form of said certification shall be

as follows:

C ftt’ IF I C AT I ON

I, (We), _______________________________ having read

the Order of the Pollution Control Board in PCB 77—86,

understand and accept said Order, realizing that such

acceptance renders all terms and conditions thereto

binding and enforceable.

SIGNED

TITLE

DATE

—

742

—3—

IT IS SO ORDERED.

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

Control Board, hereby certify the above Opinion and Order were

adopted on the 

¶/“~-

day of ~       

1977 by a vote

of

Christan L. Moff~~IClerk

Illinois PollutidT~Control Board

—

743