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

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