ILLINOIS POLLUTION CONTROL BOARD

August 18, 1977

SANITARY DISTRICT OF

ELGIN,

Petitioner,

v.

)

PCB

77—186

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by

Mr.

Young):

The Sanitary District of Elgin filed a petition for

variance received by the Board on July

8,

1977,

in which

the District seeks

an extension from July

1,

1977,

until

Seotember

16,

1977,

for a prior variance from Rule 407(b)

of the Water Pollution Regulations.

A Recommendation of the Agency favorable

to the granL

of

the variance was filed on July

21,

1977,

subject

to the

condition that an interim phosphorus effluent concentration

limitation of

4.9

mg/i

as an annual average be continued.

The District

is

in the final phases of

a program of

modification and expansion of its treatment works which

will result. in a 17.0 MGD activated sludge treatment plant

with phosphorus removal facilities.

The phosphorus removal

equipment was scheduled

to be operational and compliance with

Rule 407(h)

achieved by July

1,

1977, under the variance

granted

~n PCB 77-~l32,

In the instant petition,

the District reciuests

an ex-

~Cfl5;Ofl

cf

tii~

prir

variance

unti.

1

Sept emher

16,

1

q77~

Ih’

D.istri

(~t.

sLat

as

Uiati

n

checking

out

the

eticitiica

1

feed equip—

er

!OSt)1101u5

removal

I L was

(11

(~oVured LIia

t

Lh

tee

necessary electric motors

had

been

damaged during construction.

The general contractor has advised the District that the

necessary

repairs

will

he

complete

and

the system operational

after September

16,

1977.

As

the

Agency

points

out

in

the

Recommendation,

the

Peti-

tioner

has

provided

memoranda

and

letters

of

its

consulting

engineer

and

general

contractor

documenting

the

reason

for

the

delay

and

the

projected

operational

date.

The

Agency

further

---

—2—

observes

that

the

delay

is

clearly

caused

dy

conditions

beyond

the

District~s

reasonable

control

and

that

to

deny

relief

as

compliance

is

about

to

be

achieved

would

constitute

an

arbitrary

and

unreasonable

hards~io.

Tne

Beard

i~

in

ayreeme;it

end

w~i

extend the

compliance

date

as

requested

subjeet

to

the

condition

that:

the

District

maintain

the

ptiosohorus

effLuent

concentration

at

or

below

4

.

9

mg/i

as

au

annual

averee

This ~dpmn~on ccnstitutes the

hoara

s

fintings

of

fact

and

conclusions

of

law

in

this matter.

~RuER

The EdniLary Dist:cicL of

Eloin

is hereby

granted

variance

from

RuLe

4(17

(b)

of

the

Watei

Pollution

Regulations

for its

Main

Plant until September

16,

i~77,

subject

to

the

condition

that

the

District

shall

maintain

the

phosphorus

effluent

concentration

at

or

below

4 .9

mg/i

as

an

annual

average.

IT

IS

SO

ORDERED.

I,

Christen

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify

the

ahoye

Olnion

and Order were

adoR~ted on

the

J’

day of

1977 by a vote

of~S-o~

_\/~

4

.7)

Chr.~stanL. Moff~~,,Clerk

III

ino~s

Pol

l.uLio~i ontrol Board

B

26~38O