ILLINOIS POLLUTION CONTROL BOARD

May

11, 1978

VILLAGE

OF VICTORIA,

)

Petitioner,

v.

)

PCB 78-40

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by Mr. Young):

This matter comes before the Board on a variance petition

filed on February

8,

1978,

by the Village of Victoria seeking

relief from the Rule 203(c) phosphorus standard and the Rule

203(f)

ammonia nitrogen requirements of Chapter

3:

Water

Pollution Regulations for its recently—upgraded

treatment

lagoon serving a oopulation of less than 500.

On March

20,

1978,

the Environmental Protection Agency filed

a Recommenda-

tion favorable to the grant of

tills relief subject to certain

conditions.

No hearing was held in this matter;

Petitioner

waived hearing in an Amended Petition filed on March

2,

1978.

In 1977, Petitioner completed construction of

a new sewer

collection system and its treatment lagoon under a state grants

program amounting

to $1.6 million

(Rec.

p3).

The new treatment

facility consists of a 3-cell nonaerated treatment lagoon with

submerged sand filters

(Pet.

p1,

2).

Figures

on the performance

capabilities

of the treatment facility will not be available

until the lagoon attains design level

for a consistent discharge

to receiving waters

(Pet.

p2).

At operation levels the parties

agree that the treatment lagoon will not he capable of removinq

1)ho~phoru~

f

o

()

()

iwj/1

or

cori~~

ont

~y r~Iti~i

~1(I

~1t11W(mfl~1

flj

tro—

qen

concentrations

to 1.5 mq/l

(Pet.

1;

Rec.

p4,

5)

.

Measures

for improvinq effluent quality of this facility are

under

con-

sideration.

Recently, Petitioner was placed on

a grant oriority

list for construction of additional ammonia

nitrogen treatment

facilities as it becomes necessary

(Rec.

p3).

Effluent from the Victoria treatment lagoon discharges

to

an unnamed creek which is approximately 500 feet upstream from

an 11-acre strip mine lake.

On June 19,

1975, Petitioner was

granted

a lagoon exemption from Rule 404 (c) (iii)

without reference

to the strip mine lake or consideration of the phosphorus require-

30—

203

---

—2

ment.

In prior decisions,

the Board tar

~ that discharçers

to strip mine lakes must meet too ohcsph~~rusrequirements

of

Rule

203(c)

(Canton, PCB 77—234

(Novc~mb~r23. 1°77)); thu

recuirements

of Rule

203(c

as c~i a~t~ ammonia nitrogen

water quality

standard

of Rule

203(5)

~mcth~ to P~titioter~s

discharge

-

Rule 203(c)

provides that phosphor:

(rs

F)

shall not

exceed 0.05

mg,’l

in any stream at tho o~m~tohore

the stream

enters

any lake or reservoir.

Rule 20~:) ruquires that

a

1.5 mg/i concentration of ammonia nit~o~~(as N)

shall not

be exceeded in the waters of

the StaL~

i

addition,

the

Petitioner needs

a variance from Ruis

Chacter

3 wasco

requires that no effluent shall alono o~

~:i

combination with

other sources cause

a violation of any a~licable water quality

standard.

In those instances wheru the

ter quality standard

for a particular constituent is

.aXCeCdLL~

an a receiving body

of water,

any discharge of that

COflSt1L~

to that body of

water must meet the water quality ~ta~th

~s an effluent

limitation unless a variance has been

~L:

Led pursuant

to

Title

9

of

the Environmental Protectin

Act

On July

1,

1977, the Agency issued

~

NPDES

permit

(IL

004.8861)

requiring the faci1at: not

a~.eed a 30/30

sq/i

BOD5/TSS on a 30-day average

(Pee.

ps).

:‘o.use no infor~sacioa

is

available on the dowr~streamwato~

cOstS

57

or effluent qualit~~

of Petitioner~sdischarge,

the Board wia~ assume that the ohos~

phorus

and the ammonia nitrogen water gustiLy standards will not

be met downstream from the Victoria ouL.~a~

1

and.

in the strip

mine lake in violation of Rules 203(o),

‘43(1) (ammonia natregen)

and 402 of Chapter

3.

The Village

of Victoria states

has

~xoeoded

sIl

available funds

on the present faci1nm

furthermore, Purl-

tioner claims that any recruiremert

to

rc

o:.

g~ohosohorus

and

ammonia nitrogen standard would impose

rb~trary and un-

reasonable hardship

(Pet.

p2,

Rec, pS)~

The Board ha~previously

qrantcd ~

~L

a ~:

oc t~Ld’cr

for variance in wuich relief was seughf

cm the recuiremmat

to remove ~hosphorus

to the 0.05 mg/i lovot tinding that such

practice

is technically feasible but economically unreasonahie~

Cityo

Hoc eston, PCE 76-234,

24 PCB 441

Scuthern Illinois

University at Edwardsville, PCB 77-ill,

~

FCB 775; Valley

Water Company,

Inc., POE 77-46,

23 PCB

ll2,

‘Tillaee oS Delard,

PCE 77—193

(September

15,

1977); VilJare of Leeches City,

POE 77—194

(September

15,

1977).

As in

ihic

cases

cited,

the

Board

finds here that the Petitioner woul’

softer an arbitrarn

or unreasonable hardship if required

to m~

.

t

•tne 0.25

rnq,~l

phosphorus

limitation and will thereforo

art toe relief

requested from Rules

203(c)

and 402 of Chapter

I.

30

—

204

---

—3—

In a number of cases involving the ammonia nitrogen

recruirerrient, the Board has granted

a variance provided that

petitioner agree to comply with prospective ammonia nitrogen

regulatory changes adopted

by

the Board in R77—6.

City of

Canton,

PCB 77-234

(November 23,

1977); Village of Arthur,

PCB 77—266

(December 20, 1977).

On March

30, l~78,the Board, after considering regula-

tory proposal R77-6, proposed to adopt a new Rule 402.1 as

an exception

to Rule 402 of Chapter

3 to establish an interim

ammonia nitrogen effluent limitation for dischargers

to the

streams

of this State.

This proposed final regulation was

submitted to the Secretary of State for a 45-day publication

and comment period in the Illinois Register beginning on April

14, 1978.

In its present form,

the proposed new Rule 402.1(a)

would exempt Petitioner’s treatment lagoon and other discharges

with daily ammonia nitrogen loads of less than

60 pounds from

the ammonia nitrogen requirements of Rule 203(f)

until after

July

1,

1982.

In view of the foregoing,

the Board will grant a variance

from Rule 203(f)

as it applies

402 until

the prooosed regulation in R77-6 is finally disposed

of by this Board.

The Board will direct the Agency

to issue a modified NPDES

permit to Petitioner consistent with this Order pursuant to

Rule 914 of Chaoter

3 and to include interim effluent limita-

tions as may be reasonably achieved through the application of

best practicable operation and maintenance practices in the

existing facilities.

This Opinion constitutes

the Board’s findings of fact and

ORDER

1

.

The Vi

I

aqe or

Victoria

i

r

q

ran

Led a var i once

For

the

operatjon

of

its

wastewater

treatment

laqoon

from

Rules

203(c)

and

402

of

Chapter

3:

Water

Pollution

of

the

Board’s

Rules

and

Regulations

regarding

phosphorus

until

April

23,

1983,

subject to the following conditions:

a)

This variance will earlier terminate upon

adoption by the Board of any modification

of the existing phosphorus water quality

standards and effluent limitations and

the Village shall comply with such revised

regulations when adopted by the Board.

30— 205

---

—4—

b)

Petitioner shall provide space

in its

design for storage of chemicals,

and for

mixing and dosing equipment capable of

meeting

a phosphorus effluent concentra-

tion of

1 rnq/l,

or to whatever alternative

level may be established by the Board.

c)

In the event that grant funds become

available during the period of this

variance, the Village shall incorporate

in any design and specification adequate

provision for the installation of equip-

ment for the removal of phosphorus which

will provide the best practicable treat-

ment technology for the removal

of phos-

phorus over the life of the works.

2.

The Village of Victoria is granted a variance for its

wastewater treatment lagoon from Rules

203(f)

and 402 of Chapter

3:

Water Pollution of the Board~’sRules and Regulations regarding

ammonia nitrogen until December 31,

1978, subject to the following

conditions:

a)

This variance will earlier

terminate upon

adoption by the Board of any modification

of the existing ammonia nitrogen water

quality standards and effluent limitations

and the Village shall comply with such

revised regulations on adoption by the

Board.

b)

In the event that grant f~ifsbecome

available during the period of this

variance, the Village shall incorporate

in any design and specification adequate

provision for the installation of equip-

ment for the removal of ammonia nitrogen

wh ich

Wi

I

I

provide

the

1~eu~

pract.,icable

treatment

technology

for

the

removal

of

ammonia

nitroqen

over

the

life

of

the

works.

c)

During

the

period

of

this

variance,

the

Village shall operate its treatment

lagoon to achieve

the minimum discharge

of ammonia nitrogen consistent with the

capabilities of the existing equipment

and process.

3.

Petitioner, within 30 days of the date of this Order,

shall request Agency modification of NPDES permit IL 0048861

to incorporate all conditions of the variance set forth herein.

30

—

206

---

—5—

4.

The Agency, pursuant to Rule 914 of Chapter

3, shall

modify NPDES permit IL 0048861 consistent with

the conditions

set forth in this Order including such interim effluent limita-

tions

as may reasonably be achieved through the application of

best practicable operation and maintenance practices

in the

existing facilities.

5.

Within forty-five

(45)

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 Certification of Acceptance

and Agreement

to be bound

to all terms and conditions

of

the variance.

The

forty-five day period herein shall be suspended in the event

of judicial review of this variance pursuant to Section

41 of

the Environmental Protection Act.

The form of said certifica-

tion shall be as

follows:

CERTIFICATION

I,

(We),

___________________

_________

having read

the

Order

of

the

Pollution

Control

Board

in

PCB

78-40,

understand and accept said Order, realizing that such

acceptance renders all terms and conditions thereto

binding and enforceable.

SIGNED

TITLE

DATE

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

jI~

day of

~

1978

by

a

vote

Christan

L.

Moffe~t&~,/

clerk

Illinois

Pollution

~i?ntro1

Board

30

—

207