ILLINOIS POLLUTION CONTROL BOARD
August 3
,
1978
CITY OF PERU,
)
Petitioner,
)
vs.
)
PCB 78—156
)
ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Dr.
Satchell):
On May
31,
1976 a variance petition was filed with the Board
by the City of Peru requesting variance from Rule 962 of Chapter
3:
Water Pollution Regulations.
The Environmental Protection
Agency
(Agency)
filed its recommendation on July 6,
1978.
No
hearing was held in this matter.
The City of Peru presently operates a secondary wastewater
treatment plant with discharge to the Illinois River
in the
Northeast Quarter of Section 21, Township 33 North, Range
1 East
of the Third Principal Meridian, LaSalle County,
Illinois.
The
Petitioner is seeking
a variance in order
to allow the construction
of
a sanitary sewer extension to serve a truck terminal which is
being built by Consolidated Freightways.
In 1976 the Agency
placed Petitioner’s sewage treatment plant on the critical review
list.
According to the Agency at the present time the facility
has
a 20 P.E. capacity remaining.
If the proposed sewer extension
is allowed an additional 122 P.E. would be added
to the system.
Petitioner’s NPDES permit requires that
the
effluent from
the facility not exceed 20 mg/i BOD and 25 mg/i suspended solids
on a
30 day average and 30 mg/i BOD and 38 mg/i suspended solids
on a
7 day average.
Agency grab samples and Petitioner’s Discharge
Monitoring Reports and Monthly Operating Reports showed effluents
well within the required levels.
The Agency was not entirely
satisfied with accuracy of Petitioner’s flow data or with all the
calculated plant unit capacities; however,
for the purposes of
this recommendation the Agency did have enough information.
The City of Peru is presently developing plans for a major
renovation of its Sewage Treatment Plant
(STP)
and/or collection
system.
These plans are being prepared with Step
I grant funding.
The following is
a proposed time table:
Completion of the Infiltration/Inflow Analysis
9-1-78
Completion of Facilities Plan
3—1-80
Completion of Step II Working Drawings
3-1-81
Completion of construction
9—1-82
31—205
2
This work is to be completed prior to full occupancy of Consolidated’s
terminal in 1983.
The City of Peru,
population approximately 11,800, made major
renovations to their STP in 1968 and assumed its waste treatment
problems were solved for a 20-year period.
Since 1972 the City
has spent $988,000 in constructing storm sewers.
In January 1978,
Petitioner entered into an agreement with a private contractor to
operate the STP.
Since that date the Agency has noted an overall
improvement in the operation of the plant.
Also the bypassing of
dry weather flows that occurred prior to February 8, 1978, has
been discontinued.
Petitioner alleges that by not being able to
extend the sanitary sewers to serve the new truck terminal, the
City and surrounding area will lose the possibility of employment
for approximately 450 people,potential economic growth and increased
tax revenues.
Petitioner states that no serious injury would be
imposed on the general public by granting the variance since no
basement flooding will result and plant effluent should not
exceed standards.
The Agency is of the opinion that the sewage
treatment plant can treat the additional load without an apparent
decrease in plant effluent quality if good plant operations are
continued.
The Agency recommends that the variance by granted
with conditions.
The Board finds that a variance is warranted in this case.
Petitioner has shown good faith through the years
in attempting to
comply with environmental regulations.
The hardship involved
should the variance be denied would be arbitrary and unreasona~1e.
Petitioner shall be granted a variance subject to the Agency’s
suggested conditions.
This opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the order of the Pollution Control Board that the City
of Peru is granted a variance from Rule 962(a)
of Chapter
3 subject
to the following conditions:
1.
This variance shall be limited to allow a sanitary
sewer extension to serve only Consolidated’s terminal.
2.
Within 60 days of the Final Board Order herein,
Petitioner shall submit accurate flow data to the
Agency at the following address:
Environmental Protection Agency
Enforcement Programs
2200 Churchill Road
Springfield, Illinois
62706.
3.
Petitioner shall execute and forward to the Environmental
Protection Agency at the above address within forty-five (4~.
31—206
3
days after the date of the Board Order herein a
Certificate of Acceptance and Agreement to be
bound to all the terms and conditions of the
variance.
This 45 day period shall be held in
abeyance for any period during which this matter
is appealed.
The form of said Certification to
be as follows:
CERTIFICATION
The City of Peru has received and understands the Order of
the Illinois Pollution Control Board in PCB 78-156 and hereby
accepts said order and agrees to be bound to all the terms and
conditions thereof.
NAME
TI
TLE
DATE
*****
Pursuant to Rule 914 of Chapter
3,
the Agency shall
amend
Petitioner’s NPDES permit so
as
to be consistent with the order
herein.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, here~ certify the above 0 inion and Order were
~g~,oPtedon the
_________
day of
_________,
1978 by a vote of
~
k
Illinois Pollutio
Control Board
31—207