ILLINOIS POLLUTION CONTROL BOARD
June
9
,
1977
VILLAGE OF HERRICK,
Petitioner,
v.
)
PCB 77—110
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ctRDER OF THE BOARD
(by Mr. Young):
This matter comes before the Board on the variance petition
filed on April 15,
1977, by the Village of Herrick seeking relief
from Rules
203(c)
and 402 of the Water Pollution Regulations as
regards phosphorus.
An Agency Recommendation favorable
to the
grant of the variance was filed on May 11,
1977.
The Board has previously dealt with many petitions in which
relief was sought from the requirement of meeting the phosphorus
water quality standard.
Village of Argenta and Village of Cerro
Gordo,
PCB 75-182, PCB 75-183,
18 PCB 152; Village of Strasburg~,
PCB 76-28;
Old Ben Coal Company, PCB 76-21;
City of Hoopeston,
PCB 76-234.
Although the Village of Herrick, with a population
of
537 persons, does not presently have either a sewage collection
system or sewage treatment facilities,
the Village proposes to
install such facilities with the help of State/Federal funds.
The
Village
seeks this variance to qualify for a lagoon exemption and
for funding assistance.
While the Village could qualify for both
the exemption and grant funds by providing the required phosphorus
removal, the Village states that this requirement would impose an
arbitrary or unreasonable hardship on the Village.
The Agency submits that requiring phosphorus removal
to the
0.05 mg/l
level
is technically feasible but economically unreasonable
(Rec.
2, par.
3).
Consistent with this belief, the Agency has filed
a Petition for Regulatory Change
(R76—l) with the Board which would
amend the regulations by requiring only point sources which have 1500
or more population equivalent and which discharge into impoundments
of greater than twenty acres to treat the wastewater
to a level not
to exceed
1 mg/l prior to discharge.
Because the Village’s expected
waste load
is only 537 population equivalent,
the Village will not be
required to provide any phosphorus removal
if the regulation
is adopted
as pronosed.
25
—
771
—2—
As
in
the
earlier
cited
cases,
the
Board
finds
here
that
the
Village
would
suffer an arbitrary or unreasonable hardship
if
required
to
meet
the
0.05
mq/’l
o1IosPtlorus
water
quality
standard
and
will
therefore
grant
the
remuested
relief.
This
OpInion
constjtutes
the
Board’
s
findings
of
fact
and
conclusions
of
Law
in this matter.
C)
RDLP
The
Village
of
Herrick
is
granted
a
variance
for
its
sewage
treatment
facilities
from
Rules
203(c)
and
402
of
Chapter
3:
Water
Pollution
Control
Regulations
as
regards
phosphorus
until
June
1,
1982,
subject
to the
following
conditions:
1.
Thi~ variance
will
terminate
upon
adoption
by
the
Board
of
any
modification
of
the
existing
phosphorus
water
quality
standards
and
effluent
limitations
and
t;he
Village
shall
comply
with
such
revised
regulations
when
acloptedhv
the
Board.
2.
Within
35
days
of
the
date
or this
Order,
the
Petitioner,
shall
submit
to
the
Nanaqer,
Variance
Section,
Division
of
Water
Pollution
Control,
Illinois
Environmental
Protection
Agency,
2200
Churchill
Road,
Springfield,
Illinois,
62706, an executed
Certifica-
tion
of
Acceptance
and agreement to be bound
to
all
terms
and
con-
ditions
of
the
variance,
The form of said
certification
shall
be
as
follows:
CERTIFICATION
I,
(We), ______________________________
having read
the
Order
of
the
Pollution
Control
Board
in
PCB
77—110,
understand
and
accept
said
Order,
realizing
that
such
acceptance
renders
all
terms
and
conditions
thereto
binding
and
enforceable.
SI CNE:D
TITLE
DATE
IT IS
SO ORDERED.
25
—3—
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the
‘7~’
day of
~
,
1977 by a vote of
~
Illinois Pollutio
ontrol Board
25
—
773