ILLINOIS POLLUTION CONTROL BOARD
September
5, 1985
CITY OF WEST CHICAGO,
)
)
Petitioner,
)
)
v.
)
PCB 85—2
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
SUPPLEMENTAL OPINION AND ORDER OF THE BOARD
(by J.
Anderson):
On July 29, 1985, the Agency moved the Board to reconsider
its June
13,
1985 Opinion and Order granting West Chicago
variance from 35 Iii. Adm. Code 304.106, 304.120, 304.121, and
304.105
as
it applies
to 302.203, as well as from conditions
A
and D of the Stipulation accepted by the Board in PCB 77-155.
The
Agency
requested
that
~the
Board
modify
its
prior
action
to
include
conditions
requiring
the
City
to
maintain
a
chlorine
residual
residual
between
.2
and
.75
mg/i
and
to
test
the
chlorine residual concentrations
5
times
per
week
sc~e
Rec.,
124
(d,f).
The Agency asserts that these conditions are a necessary
substitute for the Eecal coliform effluent standard from which
variance was granted, to insure that the City does not “simply
turn off its chlorination during periods when the plant exceeds
its design maximum flow.”
The City, in its August
5,
1985
response to this Agency motion, states that it has no objection
to addition of these conditions to the variance granted.
The Board hereby grants the motion to reconsider and to
modify its Opinion and Order as requested,
as the reason for
inclusion of
the chlorine residual conditions
has now been
explained.
The Opinion is modified as explained in paragraph one
of
the Order below.
For the administrative convenience of the
parties, the Order,
as modified by today’s action,
is
set out
in
its entirety.
This Supplemental Opinion and Order constitutes
the Board’s
supplemental findings of fact and conclusions of law in this
matter.
ORDER
1)
The Board’s Opinion of June 13,
1985 is modified as
follows:
delete on p.
3,
1st full paragraph, lines
7-8, the
parenthetical phrase following the word “imposed.”
65-419
-2-
2)
The City of West Chicago is hereby granted a variance
from conditions A and D of the Stipulation and Proposal f~r
Settlement adopted in PCB 77-115, and from 35
Iii.
Adm.
Code
304.106, 304.120 and 304.121 and from 35 Ill.
Adm. Code 304.105
a~it
applies to 302.203, subject to the following conditions:
a)
This variance shall begin on commencement of
construction of improvements to the excess flow
facilities and shall continue until
90 days after that
construction is completed, but in no event beyond
November
1,
1986.
b)
This variance shall be contingent upon either
1) the
amendment of the Consent Decree in City of West Chicago
v. Douglas Costle et al.
77 C 1615
(N.D.
Ill)
as
proposed in
paragraph
(a) of West Chicago’s January
7,
1985,
“Petition for Variance” or
2)
the approval
by
tJSEPA of
a permit modification issued to reflect the
provisions
of
the
Board
order.
c)
This variance is applicable only to the effluent from
Outfall 002,
(as described in NPDES Permit 1L0023469)
and shall only be applicable during periods when the
plant exceeds its Design Maximum Flow.
d)
West Chicago’s effluent from Outfall 002 shall not
exceed:
BOD
50
mg/i
as
a
monthly
average
TSS
50
mg/I
as
a
monthly
average
Chlorine
Residual
between
.2
and
.75
as
a
daily
average
e)
West
Chicago
shall
test
for
chlorine
residual
by
a
arab
sample
five
(5) times per week and shall report
t.hes~
results
on
its
Discharge
Monitoring
Reports.
f)
West
Chicago
shall
notify
the
Agency
in
writing
within
five
(5)
days
of
the
commencement
of
filling
operations
in lagoon
#4 and shall also report quarterly,
with the
first report due July 1, 1985, on the progress of
the
construction of the excess flow facilities.
Those reports shall be sent to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
Springfield,
IL 62702
Attention:
James Frost
65-420
-3-
A copy of these reports shall also be sent to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Field
Operations
Section
The
Intercontinental
Center
Suite
600
1701 First Avenue
Maywood,
IL 60153
Attention:
Theodore Denning
g)
Within 45 days of the date of this Order, the City of
West
Chicago
shall
execute
a
Certification
of
Acceptance
and Agreement to be bound to all terms and conditions of
this variance.
Said Certification shall be submitted
to
the Agency at 2200 Churchill Road,
Springfield, Illinois
62706.
The
45
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
Petitioner
Authorized Agent
Title
Date
IT
IS
SO
ORDERED.
J.
D. Dumelle concurred.
I,
(We)
.
,
hereby
accept and agree to be bound by all terms and conditions
of the
Order of the Pollution Control Board
in PCB 85-2,
as issued June
13, 1985,
and modified September
5,
1985.
65-421
—4-
I, Dorothy
M. Gunn, Clerk of the Illinois Pollution Control
Board hereby certify that the above Supplemental Opinion and
Order was adopted on the
5-t~
day of
~
1985, by a vote of
7—0
•
C!
~Q6~A
)7~
£_t_
Dorothy H.
G(inn, Clerk
Illinois Pollution Control Board
85-422