ILLINOIS POLLUTION CONTROL BOARD
May 20
1976
VILLAGE OF STRASBURG,
Petitioner,
v.
)
PCB 76—28
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF
THE
BOARD
(by Mr. Young):
This matter comes before the Board on the petition of
the Village of Strasburg filed January 27, 1976 seeking
variance from Rules 203(c)
and 402 of Chapter
3:
Water
Pollution Rules and Regulations as regards phosphorus.
An
Amended Petition was filed on March
8,
1976 and the Agency
filed
a Recommendation on April
9, 1976.
No hearing was
held in this matter.
The Village of Strasburg
is located in Shelby County
and has
a population of 456 people.
At the present time
the Village has no sewage collection system or municipal
sewage treatment facilities.
Sewage treatment currently
consists of individual
septic tanks and tile fields.
The
Village has received a Step
1,
2,
and
3 State grant offer
from the Agency for the construction of a treatment plant
and the Village has also received
a commitment from the
Farmers Home Administration to assist in the construction
of
a sewage collection system.
The treatment plant consists
of
a three-cell lagoon system with a submerged sand filter
and disinfection facilities with a design P.E.
of 750.
(The
Agency submits the design P.E.
is only 600).
The discharge
from the plant will be tributary
to Richland Creek,
a tribu-
tary of the Kaskaskia River approximately
45 miles above the
Carlyle Reservoir.
Rule 203(c)
sets a standard of 0.05 mg/i for phosphorus
as P in any reservoir or lake,
or in any stream at the point
where it enters any reservoir or lake and Rule 402 requires
that the Village’s effluent not contribute
to a violation of
the Rule 203(c) water quality standard.
The phosphorus con-
centration in the Kaskaskia River as
it enters the Carlyle
Reservoir presently exceeds
.05 mg/l;
therefore the Village’s
21
—463
—2—
effluent is water quality limited to the Rule 203(c)
standard
of
.05 mg/i phosphorus.
Because the Village’s proposed treat-
ment facility will not meet the
.05 mg/l standard of Rule 203
(c),
the Agency cannot issue a construction permit unless the
Village
first obtains a variance from the Board.
The Agency submits that the average phosphrous concentra-
tion of normal domestic sewage is approximately 10 mg/i; there-
fore the Village’s proposed facility will discharge approximately
5 lbs/day phosphorus.
In the USEPA National Eutrophication
Survey Report on Carlyle Reservoir an annual total phosphorus
loading of 698,050
lbs/year to Carlyle Reservoir is estimated.
Based on this data,
the Village’s proposed treatment plant would
result in only a 0.26
increase in phosphorus loading.
On January
5,
1976,
the Agency filed a Petition for Regu-
latory Change
CR76-i) with the Board which would amend the
Regulation by requiring only point sources who have 1500 or more
population equivalent to treat wastewater to
a level not to ex-
ceed
1 mg/i prior to discharge.
As justification for this pro-
posal the Agency submits that eutrophication studies by both the
USEPA and the Illinois State Water Survey show that the contri-
bution of point source dischargers to the total phosphorus problem
of lakes and reservoirs is small compared to the non—point source
contribution.
The Agency submits that non-point sources,
such
as run-off waters from farm lands fertilized with phosphate base
fertilizers, account for the overwhelming majority of the phos-
phorus loading of most lakes and reservoirs.
The Village alleges that they will suffer an unreasonable
hardship if the Board denies this variance request,
a denial
which would prevent the Village from utilizing State grant funds
to assist in the construction of a much needed sewage treatment
plant.
In light of aforesaid studies and the small contribution
that the Village’s discharge will make to the Carlyle Lake phos-
phate problem,
the Board is disposed to grant the relief requested.
The Board will require, however, that the Village design and con-
struct the sewage treatment plant to allow for the possible future
installation of appropriate phosphorus removal facilities.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
The Village of Strasburg is granted a variance from the
phosphorus limitations of Rules 203(c)
and 402 of Chapter
3:
Water Pollution Regulations until May 20,
1981,
subject to the
following conditions:
21—464
—3—
1.
This variance will terminate upon adoption by the Board
of any modification of the existing phosphorus water quality
standards and effluent limitations and the Village of Strasburg
shall comply with such revised regulations when adopted by the
Board.
2.
The sewage treatment plant shall be designed and con-
structed to allow for the possible future installation of
appropriate phosphorus removal facilities,
arid
3.
Within 35 days of the date of this Order, 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 form of said certifi—
cation shall be as follows:
CERTIFICATION
I,
(We),
—
having read
the Order of the Pollution Control Board in PCB 76-28,
understand and accept said Order,
realizing that such
acceptance renders all terms and conditions thereto
binding and enforceable.
IT IS SO ORDERED.
SIGNED
TITLE
DATE
I,
Control
adopted
vote of
Christan L.
Moffett, Clerk of the Illinois Pollution
Board, here~certify the above Opinion and Order were
~the
~
day of
________________,
1976 by a
Illinois Pollution
Board
21
—465