ILLINOIS POLLUTION CONTROL BOARD
May 11, 1989
CITY OF BYRON,
)
(Ogle County),
)
Petitioner,
v.
)
PCB 89—80
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINIO~’1AND 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 May 10, 1989, recommending that the Board grant a 45-day
provisional variance to the City of Byron. Byron requests this
variance from 35 Ill. Adm. Code 304.141 to allow time to do
repair work on its final clarifier.
Byron owns and operates a wastewater treatment plant which
consists of a bar rake, grit chamber, preaeration tank, primary
clarifier, contact stabilization activated sludge, disinfection,
aerobic digestion, solar vacuum filtration, sludge drying beds,
and sludge storage bins. The treatment facilities serve a
community of approximately 2000 people. Effluent is discharged
to the Rock River. Byron presently is required by its NPDES
Permit UL0027804 to meet effluent limitations of 30 mg/i for
both five day biochemical oxygen demand (“B0D71) and Suspended
Solids (“SS”), (monthly avg., concentration limits). Byron is
requesting limits of 45 mg/i for BOD and 60 mg/i for SS (monthly
avg., concentration limits).
According to the Agency, during the spring of 1988, Byron
completed work on a new secondary clarifier. Since the
installation of the clarifier, the clarifier’s surface skimmer
skum mechanism has not worked properly. Stainless steel hinges
which hold the skimmer in place keep breaking. This causes the
bolts on the hinges to scrape against the side walls of the
clarifier. This constant scraping of the broken hinges have
rubbed the protective paint off the clarifier and has exposed
bare metal.
Byron has stated that a “provisional variance is needed to
make repairs to the final clarifier scum mechanism and to repaint
damaged paint surfaces.” (Variance request at 1). Mr. Andy
~3ackson (plant operator) informed the T-~gencyby phone on May 9,
1989, that Byron wants to install rubber hinges on the skimmer to
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Byron has indicated to the Agency that it should take 30
days to complete the necessary repairs. The Agency, however,
feels that the variance should be for 45 days or until the repair
work is completed, whichever occurs first, just in case Byron
runs into any unforeseen problems.
The Agency states that it agrees with Byron that the
environmental impact of this variance will be minimal. The
Agency bases their decision on the fact that the variance will be
of short duration, the remaining treatment which will be
provided, and the large dilution factor of the Rock River.
According to the Agency, there are no federal regulations which
would preclude the granting of this variance. The Agency states
that it is not aware of any public water supplies which would be
adversely affected by granting this provisional variance.
Finally, the Agency concludes that denial of this provisional
variance petition would create an arbitrary and unreasonable
hardship upon Byron as failure to immediately correct this
problem will result in additional damage to Byron’s treatment
facility.
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 304.141 would impose an arbitrary or
unreasonable hardship upon Byron, and the Board concurring in
that notification, will grant Byron’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 Byron is hereby granted provisional variance
from 35 Ill. Adm. Code 304.141, subject to the following
conditions:
a. This variance shall commence when the final
clarifier is taken out of operation and continue for a
period of 45 days or until the repair work is completed,
whichever occurs first.
b. Byron shall notify Joe Subsits of the Agency’s
Rockford Regional Office via telephone at 815/987—7755 when
the final clarifier is taken out of operation and when the
repair work is completed. ;~ritten confirmation of each
notification shall be sent within 5 days to the address
below:
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Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Churchill Road
P. 0. Box 19276
Springfield, Illinois 62794—9276
Attention: Mark T. Books
c. Byron’s effluent during this variance shall be
limited to 45 mg/i BOD and 60 mg/i SS (both monthly
average, concentration limits).
d. Byron shall monitor the effluent from its
treatment plant for the parameters as listed in NPDES
Permit #IL0027904.
e. During this provisional variance, Byron shall
operate its wastewater treatment facility so as to produce
the best effluent practicable. Additionally, Byron shall
perform the necessary replacement work at the plant as
expeditiously as possible so as to minimize the period of
time that the final clarifier is out of service.
2. Within 10 days of the date of this Order, Byron shall
execute and submit a certificate of Acceptance and Agreement
which shall be sent to Mark T. books at the address indicated
above.
This variance shall be void if Byron fails to execute and
forward the certificate within a 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 Byron, having read the Order of the
Illinois Pollution Control Board, in P08 89—80, dated May 11,
1989, understand and accept the said Order realizing that such
acceptance renders all terms and conditions thereto binding and
enforceable.
Petitioner
By: Authorized Agent
Title
Date
Section 41 of the Environmental Protection Act, Eli. Rev.
Stat. 1987, ch. 111—1/2, 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.
9 9—49
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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—~ .
Dorothy M. çhI/tn, Clerk,
Illinois Po~l’ution Control Board
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