ILLINOIS POLLUTION CONTROL BOARD

June

9

,

1977

VILLAGE OF STEWARDSON,

Petitioner,

v.

)

PCB 77—104

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND O’RDER OF THE BOARD

(by Mr. Young):

This matter comes before the Board on the petition filed

on April

8,

1977,

by the Village of Stewardson seeking an

extension of an existing variance

(PCB 75—445,

20 PCB

389)

which provides relief from Rules

203(c)

and 402 of the Water

Pollution Regulations as regards phosphorus.

The Agency Recom-

mendation favorable to the grant of the variance was filed on

May

6,

1977.

The Board has now dealt with many other 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.

Petitioner seeks

an extension of the existing

variance so that the Village can qualify for a lagoon exemption,

the last 10

of the Step III State Grant,

and other permit re-

quirements.

The Agency states that requiring phosphorus removal

to the

0.05 mg/i level

is technically feasible but economically Un-

roasonah~e

(Rr’c

.

2)

.

Consi

~tcut wi (Ii

I

1ii~

bel

id,

t:I~e

Aqoncy

has

filed

.~i

Petition

for

Regulatory

Chanqe

(R76-l)

with

the

Board

which

would amend

the

regulations by requirinq 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/i

phosphorus

prior

to

discharge.

Because

the

Village’s

expected

waste

load

is

less

than

1500

popu-

lation

equivalent,

the

Village

will

not

be

required

to

provide

any

phosphorus

removal

if

the

regulation

is

adopted

as

proposed.

25

—

759

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—2—

The Board is disposed to grant the relief requested.

As

in the other cited cases, the Board

finds here that the Village

would suffer an arbitrary or unreasonable hardship

if required

to meet the 0.05 mg/l phosphorus water quality standard and will

therefore grant the requested relief.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

•ORDER

The Petitioner, Village of Stewardson,

is granted a variance

for its sewage treatment plant from Rules 203(c) and 402 of

Chapter

3:

Water Pollution Control Regulations as regards phos-

phorus until June

1,

1982,

subject to the following conditions:

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 shall comply

with such revised regulations when adopted by the Board.

2.

Within

35 days of the date of this Order,

the

Petitionei

shall submit to

the Manager, Variance Section, Division of Water

Pollution Control,

Illinois Environmental Protection Agency,

2200

Churchill Road,

Springfield,

Illinois,

62706, an executed Certifi-

cation of Acceptance and agreement to be bound to all terms and

conditions 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 77-104,

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.

25

760

---

—3—

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control

Board, hereby certify the above Opinion and Order were

adopted on the

9~

day of

L~-v’~._~’

,

1977

by

a vote of

Christan L.

Moffe

,

lerk

Illinois Pollution

ntrol Board

25

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