ILLINOIS POLLUTION CONTROL BOARD

September

15,

1977

VILLAGE OF BEECHER CITY,

Petitioner,

PCB

77—194

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

OPINION AND~ORDEROF THE BOARD

(by

Mr.

Young):

This matter comes before the Board on

a

variance petition

filed on July 18, 1977,

by the Village of Beecher City, Illinois,

(Beecher City)

seeking relief from Rules

203(c),

402k

and 404(f)

in Chapter

3 of the Illinois Pollution Control Board Rules and

Regulations

(Rules)

regarding phosphorus.

On August 15,

1977,

Beecher City filed an addendum to

waive its right to a hearing and to amend

its request to a

Hphosphorus variance for fivt years.~ The Environmental Pro~

tection Agency

(Agency) filed a favorable recommendation on

August 18,

1977.

On August 23,

1977, Mr. John

B.

Doty,

filed an objection

to this petition.

The objection expressed a fear that the

effluent discharged from the Beecher sewage treatment plant

(STP) would pollute his farm when the Wolf Creek overflows

onto his land.

The objection was not timely pursuant to

Procedural Rule 404 and thus no hearing is required.

However,

the Board will take his comments into consideration in this

opinion,

The Village of Beecher City is planning to build a sewage

treatment plant designed to treat an average flow of 0.075 MGD

to meet the following standards:

pH

—

6.0—9.0

BOD

-

30 mg/i in a 30-day average

SS

-

30 mg/i in a 30-day average

The effluent from the STP would flow into an unnamed tribu-

tary of the Wolf Creek then into Wolf Creek along the property

owned by Mr. Doty and finally via the Kaskaskia River into

Carlyie Lake.

Information provided by the National Eutrophication

~55~

~

~3

---

Survey

(Pet.

p1) indi~atesthat the pLiosphorus

contribution

to

the above

s ated waterways is less than

0,3 per cent of

the total load

It Beec~erCity upgrades its

STP as anticipated

(Pet.

p4), and

peiates

it in accordance with the

Act, the

owners of

~

~ do~

trea

fror~the

STP

should not

have any

environmen:al. dift culties.

Inc hoard

iias orevi~usiydealt with

many petitions

in

which relief was so ~hf from the requirement of

meeting

the

phosphorus water quality atar.dard.

Vi~~~Arenta

and

~aeo~errCroo,

~CT 75—182

~CB

75—183,

18 PCB 552;

~~p~eston,

~CB /6~234;Sout1

nr~

Illinois University

at Edwardsvi1~e

POB

7~11l, Va11e~y

or Cori~pany,

Inc., PCB

77-146.

In these a c other instanc

theBoard

has

recognized

that it is econoucilly

impractical to comply with

the limitation

imposed by Rule 203(e).

The Agency

a ares t~atrequiring

phosphorus removal to the

0,05 mg/I level

is

t

ti

nically f~

ole

but economically un-

reasonable

(Rec

~)

Accordinqiy,

the Agency

has filed a Peti-

tion for Regu1ato~ change

(P76—I

with

the

Board which is

intended to modify the exist~iro ~c~ohorus

effluent

and water

quality standards.

In view of th. case

~i’-edab~ve,

Beecher City would suffer

arbitrary and unreasonabt~oardsnip if th?

Board were to impose

upon

them the 0

05 mg1l

hocphorus water

quality standard.

Absent claims of harm to t e public’s health,

safety, or welfare,

the Board is dispused to ~rant the relief as

requested.

This Opinion constitutes the Board~s

findings of fact and

conclusions of law in this matter.

Tne Pii~ageor ~eeorier Dity

is granted a

variance for the

operation of

its oroposed sewage treatment

plant from Rules

203(c),

402, and 404(f)

cf Chapter

3:

Water

Pollution Control

Regulations as each applies to phosphorus,

subject to the

following conditions:

I.

‘hat Petitioner provide space in its

design for storage

of chemicals ~r

~

ire

-~

dosing equipment

capable of meeting

phosphorus standahs whi-~hmay be established

by the Board.

2.

That Patitioner agrees to comply

with the terms of R76-l

or other modified uhosphorus standards when and

if adopted by the

Board.

2655C

---

3,

That. Petitioner

sha

1

~xecute

a.~

d

to

the

Environmental Protection Agency

Bnforcem~rt

P

grams

2200

Churchill Road, Springfield, Iliinois,

62706,

cind

to

the

Pollution

Control Board within

28 days after

the

date

of the

Board

Order, an executed Certificate

of

Acceptance and agreement

to be

bound

to

all

terms

and

conditio~~s of

the

variance.

The

form of this certification sall be as follows.

CERTIFICATION

I,

(We),

the Order of the Illinois

Pollut

PCB 77-194, understand

and

acce~

that such acceptarce

renders

all

thereto

binding and enforceable

IT

IS SO ORDERED.

SIGNED

DATE

he

ing

read

or.

Cont-ol

Board

in

iid

Order,

realizing

~

and.

conditions

I,

Christan L. Moffett, Clerk of tr~.Illinois Pollution

Control

Board, hereby certify

the

abov~ Opinion

and

Order

were

adopted

on

the /~“day

of

~

1977

by

a

vote of

Christan

L

Moff4tV,;

Clerk

Illinois Po1lutlo~N~ontro1Board

567