ILL~NOi$POLLUIIÜI CONTI~~ ft~.

°

Septomber

15,

19/1

VILLAGE OF

DELAND,

Petitioner,

v.

)

PCB

i~193

ENVIRONMENTAL

PROTECTLJN ~OBNCl

Responde.

it

OPINION AND DRDER

OF THE BOARD

~.fjP

Young)

On July

15k.

1971,

the Village ot

DeJ..and t~1eda petition

for variance from

Rules

203(c),

402

~nd 404(f) of Chapter

3

of the Pollution

Control Board Ruleb and Regulations regarding

the discharge of

phosphorus from

a proposed sewage treatment

plant.

On August 15,

1977,

thci Vii lage of Delanf filed an amend~

ment waiving hearing

and requ~ ting

ci

phosphorus variance for

five years.

The

Environmental Protection Agency

(Agency)

filed

a recommendation

favorable to the grant on August 16,

1977.

The Village of

Deland is planning to cor.struct a sewage

treatment plant

(STP)

designe’i

to treat an average of 0.048 MGD

of wastewater to meet

the following staroards:

pH

6,0~9.O

BOD

30

mg/I on a 30~dayavci~nge

SS

30

mg/I on a 30~dayaveiage

The effluent

from the proposed STP would flow into Lake

Decatur via Goose

Creek and the Sanqanon River.

The phosphorus

level in the Decatur

Reservoir routinely exceeds

the 0.05 mg/l

water quality limit,

but the contribution of phosphorus by the

proposed STP

is

estimated at one~halfof one per cent.

The Board

has previously dealt with many petitions in which

relief was sought

from the phosphorus water quality standards.

Villa e of Argenta

and

çer~Gordo, PCB 75~l82,PCB

75—183,

1

PCB 552;

~

aeofStrasbur,

PCB 76~28; Old Ben

Coal Comp~p~,PCB 76~2l;

ç

_____

ston, PCB 76~234.

In

c~27~

---

—2—

these and

other cases, the Boaid has recognized that it

is

economically impractical for such petitioners

to comply with

the limitation imposed by

Rule

203(c)

of Chapter

3.

The Agency states that requiring phosphorus removal

to

the 0.05 mg/1 level

is technically feasible but economically

unreasonable

(Rec.

p4).

Accordingly,

the Agency has filed

a

Petition for Regulatory Change

(R76-l)

with the Board to amend

the existing regulations by

requiring only point sources which

exceed 1500 P.E,

phosphorus effluent and water quality standards.

The Board is disposed to grant the

relief requested.

As

in ths cases cited herein,

the Board finds that the Village of

Deland would suffer aa arbitrary or unreasQnable hardship if

they were required to meet the existing 0.05 mg/l standard.

This Opinion constitutes the Board~sfindings of fact and

conclusions of law in this matter.

ORDER

The Village of Deland is granted a variance for the opera-

tion of its proposed sewage treatment plant from Rules 203(c),

402, and 404(f) of Chapter

3:

Water Pollution Control

Regulations

as each applies

to phosphorus, subject

to the following conditions:

l~ That Petitioner provide space

in its design for storage

of chemicals for mixing and dosing equipment capable of meeting

phosphorus standards which may be established by the Board.

2.

That Petitioner agrees to comply with the terms of R76—l

or other modified

phosphorus standards when and if adopted by the

Board.

3.

That Petitionex shall execute and forward

to the Environ-

mental Protection hgency,

Enforcement Programs,

2200 Churchill

Road~Springfield,

i~linois, 62706, and to the Pollution Control

Board within 28 days after the date of the Board Order,

an executed

Certificate cf Acceptance and agreement to be bound to all terms

and conditions of the variance.

The form of this certification

shall be as

Follows:

CERTIFICATION

i~ (We),

___

____________

having read

the Order of the Illinofs Pollution Control Board in

PCB 77-193,

understand and accept said Order, realizing

that such acceptance renders

all terms and conditions

thereto binding and enforceable.

2~—~552

---

SIuNED

TITLE

DATE

IT

IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the

bove Opinion and Order were

adopted on the

-

L~~’

day of

1977 by a vote

~stanL,i~offe

clerk

Illinois Pollution

ontrol Board