ILLINOIS POLLUTION CONTROL BOARD
October 1,
1992
DEPARTMENT OF THE AIR
FORCE,
SCOTT AIR FORCE
BASE,
)
)
Petitioner,
v.
)
PCB 92—63
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
OPINION
AND ORDER OF THE BOARD
(by
J. Theodore Meyer):
This
matter is before the Board on the Department of the Air
Force, Scott Air Force Base’s (Scott AFB) April 27,
1992 petition
for variance.
Scott AFB seeks a variance from the standards for
five day biochemical oxygen demand
(BOD5), total suspended solids
(TSS),
fecal coliform, and ammonia nitrogen.
Those standards are
found at 35 Ill.Adm.Code 304.105
(as it relates to 35
Ill.Adia.Code 302.212),
304.120,
304.121, and 304.124.
Scott AFB
requests an eight-month variance, from January 1992 to October
1992,
to allow it to repair its wastewater treatment plant.
Scott AFB filed an amended petition on June 4,
1992.
On June 5,
1992, the Illinois Environmental Protection Agency (Agency) filed
its recommendation, recommending that the requested variance be
granted with conditions.
Scott AFB waived hearing, and none was
held.
For the following reasons, the Board finds that Scott AFB
has presented adequate proof that immediate compliance with the
regulations involved would result in the imposition of an
arbitrary or unreasonable hardship.
Therefore, the variance is
granted,
subject to the conditions set forth in the order below.
BACKGROUND
Scott AFB, located in St. Clair County, Illinois, has a
population of 6,749, and an additional 13,000 personnel who
frequently use base facilities.
Approximately 11,000 people work
at the base.
The nearest community affected by the Scott AFB
wastewater treatment operation is Mascoutah, Illinois, with a
population of 5,511.
(Pet.
at 3.)
The base sewage treatment
system is a trickling filter system comprised of three primary
clarifiers, two trickling filters, three final clarifiers, and a
tertiary sand filter.
Under normal operation, the plant handles
1.3 MGD, with maximum and minimum capacity of 3.8 MGD and 1.0
0136-0219
2
MGD.
(Pet. at 3.)
The plant has two outfalls which empty into
tributaries of Silver Creek.
(Pet. at 4; Agency Rec. at 3.)
The tertiary filter system became operational in 1971.
On
January 27,
1992, that filter system failed due to corrosive
environmental conditions, inc1uding~epeatedfreeze-thaw~cyc~s.
and excessive hydrogen sulfide attack, over an extended period of
time.
Scott AFB states “m)ost
importantly the media had
exceeded its useful life and tiles crumbled to the point of
complete failure.”
(Pet.
at 4.)
While repairs to the system are
taking place, Scott
AFB
will, not be able to maintain NPDES permit
standards when the load is greater than 1.0 MGD.
(Pet. at 4.)
COMPLIANCE
PLM
Scott
AFB is undertaking a rehabilitation project to repair
the system.
The project is anticipated to last eight months,
until October 29,
1992, depending on weather.
The projected cost
of the program is $97,000, and the 375th Airlift Wing has
committed to funding the project.
(Pet.
at
5..)
After repairs
are completed, Scott AFB will continue to operate under its
existing NPDES permit.
(Agency Rec. at 3.)
HARDSHIP
Scott AFB made extensive, but unsuccessful, efforts to
acquire mobile tertiary filters to provide full treatment
assistance during the rehabilitation of the system.
Scott AFB
also reviewed an option for construction of a retention lagoon,
but dismissed that option because the time required for such
construction would “exceed acceptable constraints when compared
to the estimated time necessary to repair the tertiary filter
system.
. .“
(Pet.
at 6.)
Scott
AFB
points out that the repair
project will modernize its wastewater treatment facilities and
increase the water quality of the effluent.
During
reconstruction, the tertiary filter will be inoperative, so that
it is impossible to maintain the water quality required by Scott
AFB’s NPDES permit.
(Pet. at 7.)
The Agency agrees that to not grant the requested variance
would impose an arbitrary or unreasonable hardship.
(Agency Rec.
at 4.)
However, the Agency does object to the retroactive grant
of the variance, noting that the variance petition does not
indicate why Scott AFB did not apply for the variance at an
earlier date.
(Agency Rec. at 3—4.)
ENVIRONMENTAL IMPACT
Scott AFB states that to ensure the water quality of each
water course running through the base,
it samples and analyzes
water from thirteen different sites.
(Pet.
at 5.)
During 24
hour periods when loading on the plant exceeds 1.0 MGD, samples
0 136-0220
3
from the wastewater treatment plant will be drawn three times a
week.
Final clarifiers will be recirculated 24 hours a day to
reduce ammonia concentration, and the installation of a sulfur
dioxide dechiorization system will eliminate potential risks of
chlorine discharges.
(Pet. at 6.)
Scott
AFB
anticipates no
adverse effects ón~silver ~creekfor~the~duration. t~-the—variance~,
and knows of no downstream users drawing potable water off Silver
Creek.
(Pet. at 5,
6.)
The Agency concurs with Scott AFB’s contention that the
environmental impact on Silver
Creek
will be minimal for the
duration of the variance.
Additionally, the Agency believes that
Scott AFB’s monitoring plan will help ensure that there will be
no adverse effects to human, plant, and animal life supported by
the stream.
(Agency Rec. at 4.)
CONSISTENCY WITh
FEDERAL LAW
Both the Agency and Scott AFB state that a grant of the
requested relief is consistent with federal law.
(Pet. at 7;
Agency Rec. at 5.)
CONCLUSION
Based upon the record, the Board finds that immediate
compliance with the standards for BOD5, TSS, fecal coliform, and
ammonia nitrogen would impose an arbitrary or unreasonable
hardship on Scott AFB.
The failure of the tertiary filter system
was apparently an event beyond Scott AFB’s control, and Scott AFB
has committed to repairing and improving the system.
During that
eight month repair period,
it will be impossible for Scott AFB to
comply with its permit limitations when the flow exceeds 1.0 MGD.
Scott AFB has requested an eight month variance, from
January 1992 to October 1992.
As the Agency points out, this
Board has granted
a limited number of retroactive variances.
(See.
e.g., DM1 v Illinois Environmental Protection Aaencv
(December 19,
1991), PCB 90—227.)
The Agency opposes a
retroactive variance in this case, stating that the variance
petition does not explain why Scott AFB could not have applied
for the variance at an earlier date.
After considering the
circumstances of this case,
the Board will grant a variance
beginning on April 27, 1992.
That is the date that the variance
petition
was
originally
filed
with
the Board.
Although the Board
ordinarily will only grant variances beginning 120 days after the
date of filing, the failure of the
tertiary
filter
system
in
January 1992 does present unusual circumstances,
such that
variance
could
not
have
been
applied
for
before
the
repairs
were
required.
However, as the Agency points out, Scott
AFB
does
not
explain the three month delay
in filing the petition after the
system
failed.
Thus,
the
variance
granted
today
will
begin
on
0136-0221
4
April 27,
1992,
and expire on October 27,
1992.
This opinion constitutes the Board’s findings of fact and
conclusions of law.
ORDER
The Department of the Air Force, Scott Air Force Base (Scott
AFB),
is hereby granted a variance from 35 Ill.Adm.Code 304 .105
(as it relates to 35 Ill.Adm.Code 302.212),
304.120, 304.121, and
304.124, as those sections relate to BOD5,
TSS, fecal coliform,
and ammonia nitrogen.
The variance is subject to the following
conditions:
1.
The variance begins on April 27,
1992,
and shall expire on
October 27, 1992,
or upon completion of the repair of the
tertiary filter system, whichever occurs first.
2.
Scott AFB shall meet the following effluent limits during
the term of the variance:
a.
When daily and/or monthly average flows are greater
than 1.0 MGD:
1.
BOD5 concentration limits of 20 mg/l monthly
average and 30 mg/l daily maximum.
2.
BOD5 quantity limits of 215 lbs/day monthly
average and 600 lbs/day daily maximum.
3.
TSS concentration limits of 20 mg/l monthly
average and 36 mg/l daily maximum.
4.
TSS quantity limits of 350 lbs/day monthly average
and 650 lbs/day daily maximum.
5.
Fecal coliform limits of 20,000 per 100 ml daily
maximum.
6.
Ammonia nitrogen limits of 4.0 mg/l
monthly
average.
b.
When daily and/or monthly average flows are less than
or equal to 1.0 MGD, Scott AFB shall meet the limits in
its NPDES permit.
3.
During the variance, Scott AFB shall operate its wastewater
treatment facility so as to produce the best effluent
practicable.
Additionally, Scott AFB shall perform the
necessary repair work on the plant as expeditiously as
possible.
0136-0222
5
4.
Scott AFB shall report to the Agency’s Collinsville regional
office by telephone as to when repair work is beginning and
is completed.
A written confirmation of the notification
shall be sent to the following address within five
(5)
days:
Illinois Environmental
octjn
A~gency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road, P.O. Box 19276
Springfield,
IL
62794—9276
Attn:
Barb Conner
5.
Scott AFB shall apply for and receive any applicable permits
from the Agency prior to beginning construction.
6.
Within forty-five days of the date of this order,
Scott AFE
shall execute and forward to:
Charles
Feinen
Division of Legal Counsel
Illinois
Environmental
Protection
Agency
P.O. Box 19276
2200 Churchill Road
Springfield,
Illinois
62794—9276
a certificate of acceptance and agreement to be bound to all
terms and conditions of the granted variance.
The 45—day
period shall be held in abeyance during any period that this
matter is appealed.
Failure to execute and forward the
certificate within 45-days renders this variance void.
The
form of certificate is as follows.
CERTIFICATION
I
(We),
hereby accept and agree to be bound by all terms and conditions
of the Pollution Control Board’s October
1,
1992 order in PCB 92-
63.
Petitioner
Authorized Agent
Title
0)36-0223
6
Date
IT IS SO ORDKPPD
Section 41 of the Environmental Protection Act
(Ill.Rev.Stat.
1991,
ch. 111½
,
par. 1041) provides for the
appeal of final Board orders.
The Rules of the Supreme Court of
Illinois establish filing requirements.
(But see also 35
Ill.Adm.Code 101.246 “Motions for Reconsideration” and.Castenada
v. Illinois Human Rights Commission
(1989),
132 Ill.2d 304, 547
N.E.2d 437.)
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the abov~o inion and order was
adopted on the
/M
day of
_______________,
1992, by a vote
of
7—0
.
Control Board
0I36-022t~