ILLINOIS

POLLUTIUN

CONTROL

BOARD

September

15

,

1~77

VILLAGE OF BONNIE,

)

Petitioner,

V.

PCB 77~199

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF

THE

BOARD

(by

Dl

Satcheli):

On

July

22,

1977 Petitioner

filed before

this

Board a

petition for variance from the phosphorus limitations of

Rules 203(c),

402 and 404(f)

of the Chapter

3:

Water Pollution

Regulations

(Chapter

3).

The

~nvironmenta1Protection Agency

(Agency)

filed its recommendation for granting the variance on

August

23,

1977.

The

Village of Bonnier

Jefferson

County, Illinois,

is

Ofl

the east side of Rend Lake

and is included in the Rend Lake

East Facility Planning Area.

In 1970 the Village had a popu:La~

tion of 314.

Presently the Village is not served by a sewage

collection system or treatment facility.

Since 1970 Bonnie has

been pursuing a sewage collection system and treatment facilities.

In July 1972 Bonnie received a Step

2 grant offer,

Currently the

design of the collection system is virtually complete other than

final connections at the treatment facility site,

Further action

awaits the determination of this variance proposal.

Variance

from Rules

203(c)

and 402

of Chapter

3 is necessary to obtain the

exemption allowable under Rule 404(f)

of Chapter

3.

Petitioner

contends that to achieve a 0.05 mg/i level for phosphorus would

constitute

a hardship.

The Agency agrees with Petitioner, stating

that the 0.05 mg/i level is technically feasible, but economically

unreasonable.

The Board is familiar with this situation and has

regularly

granted similar relief in the past,

City of Villa Grove

V.

EPA,

PCB 77-175

(August 18,

1977), CaseyvilieTownsh~p~Westv.EPA,

PCB 77—14,

25 PCB 225 (1977), Dodds School District #54

v. EPA,

---

—2—

PCB

77—156

has

recogn’~

Petitioner

Currently

proposed

b

phorus

eff

is

adopted

lieved

of

I

The

B

and unreas

0.05 mg/l ~

variance

to

change undc

conditions

This

conclusion~

It L)

Village of

phosphorus

Chapter

3

until

a re

Board

whi

F

conditions

1977).

In these cases the Board

it

is economically impractical for the

with the current phosphorus

limitation.

as before it,

R76-l,

a regulatory change

cy which would modify the existing phos—

water

quality standards.

If this change

ard,

the Village of Bonnie would be re-

~osphorustreatment responsibilities.

that

Petitioner would

suffer

an arbitrary

~tdship if required to

meet

the existing

standard.

Petitioner.will be granted a

years or until

the Board adopts a regulations

whichever occurs first, subject to the

ded by the Agency.

onstitutes the Board!s findings of fact and

n this matter.

ORDER

~r of the Pollution Control Board that the

s hereby granted a variance from the

ns of Rules

203(c),

402 and 404(f) of the

liution Regulations for

five

years

or

~hange in proposal R76-l is adopted by the

urs

first, subject to the

following

~r agrees to comply with the terms of R76-1,

d, and if necessary,

install and operate

iosing equipment capable of reducing

s to

1 mg/l or whatever alternative level

r~ightadopt.

~r, within 28 days after this Order,

shall

and forward to the Illinois Environmental

n Agency, Manager, Variance Section, 2200

I Road, Springfield, Illinois

62706,

and to

~itionControl Board,

a

Certificate

of

~e

and

agreement

to

be

bound

to

all

terms

itions

of

the

variance.

The

form

of

such

~tion is to

be

as

follows:

1,

2.

~2~564~-

---

—3—

CERTIFICATION

The Village

of Bonnie has received

and

understands

the

Order

of

the

Il1inoi~

Pollution

Control

Board

in

PCB

77—199

and

hereby

accepts

said

Order

and

agrees

to

be bound to all of the terms and conditions

thereof.

Signed:

____________________

Title:

________________________

Date:

________________________

I,

Christan

L.

Moffett,

Clerk of the Illinois Pollution

Control

Boar’9,

herejy

certify

the

a

ove

Opinion

and

Order

were

ad~~tedon

the

_______

day

~

1977

by

a

vote

of

GA1

Christan

L.

Moffe

,

lerk

Illinois Pollution

ntroi Board

~

~5