ILLINOIS POLLUTION CONTROL BOARD
    April
    2,
    1981
    VILLAGE OF BLUFFS,
    )
    )
    Petitioner,
    v.
    )
    PCB 80—202
    )
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by
    I.
    Goodman):
    The
    Village of Bluffs, Illinois
    (Bluffs)
    filed this petition
    for variance on November
    3,
    1980 requesting relief from discharge
    limitations upon BOD,,
    suspended solids, and ammonia nitrogen in
    its wastewater efflu~nt. Hearing was waived and the Board has
    received no public comment.
    Bluffs requests variance from Rules
    404(a),
    203(f) and 914 of Chapter
    3:
    Water Pollution Control
    Rules and Regulations.
    Bluffs’
    facility consists of an Imhoff tank followed by
    a
    three—cell,
    aerated lagoon providing treatment for wastewater
    generated by approximately 900 people.
    Bluffs alleges that
    it
    cannot meet the applicable BOD5,
    suspended solids and ammonia
    nitrogen limitations, but that it plans to upgrade its facility
    through the construction grants program by constructing intermittent
    sand filters.
    Bluffs produced data from 1978 and 1979 to evidence its
    inability to comply with the effluent limitations.
    The Agency’s
    Recommendation indicates that more recent 1980 data shows that
    Bluffs is in substantial compliance with Rule 404(a)
    for both
    BOD~and total
    suspended solids and therefore believes that a
    varfance is unnecessary.
    These Agency data indicate that there
    were no excursions of BOD~limitations during 1980 and only two
    excursions of the total
    stispended solids limitation, both of
    which were of minor environmental consequence.
    With regard to ammonia nitrogen, routine Agency grab samples
    show effluent concentrations of ammonia nitrogen to be in
    substantial compliance except during winter months.
    Influent
    ammonia loading to the plant is approximately 22 pounds per day.
    Rule 402.1(a) provides an exemption to the ammonia nitrogen limi-
    tation until July 1, 1982 of sources having untreated ammonia
    influent loadings not exceeding 60 pounds per day and not otherwise
    needing upgrading in order to meet the requirements of Chapter
    3.
    41—179

    The Agency alleges, and the Board agrees, that Bluffs does
    not require a variance at this time.
    The most recent data
    indicate that excursions with regard to BOD~and suspended solids
    are de minimus in nature and do not preclud~the invocation of
    the Rule 402.1(a) exemption to the ammonia nitrogen limitation.
    Thus, Bluffs will not need a variance until July
    1,
    1982 if it
    continues operation of the wastewater facility in such a manner
    as to achieve the lawful results recorded in 1980.
    The Board
    shall,
    therefore, deny Bluffs variance as unnecessary.
    The Agency’s February 17,
    1981 motion to file recommendation
    late is granted.
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board in this matter.
    ORDER
    It is the Or4~rof the Illinois Pollution Control Board that
    the petition for variaii~eby the Village of Bluffs,
    Illinois, he
    and hereby is denied.
    I,
    Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby c~,r4ifythat the above Opinion and Order
    were adopted on the
    ‘~
    day of
    ~
    1981 by a vote of
    ____
    (I
    Christan~~’Mo~~t,Clerk
    Illinois PollutH~&hControl Board
    41—180

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