ILLINOIS POLLUTION CONTROL BOARD
    September 21,
    1978
    VILLAGE
    OF
    SAUGET,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 77—136
    )
    ENVIRONMENTAL
    PROTECTION AGENCY
    )
    )
    Respondent.
    SUPPLEMENTARY OPINION
    AND ORDER
    OF
    THE
    BOARD
    (by Mr. Dwnelle):
    On July 26, 1978 the Agency moved the Board to reconsider or
    modify its Order dated June 22,
    1978 in this matter.
    In its motion
    the Agency contends that the Board lacks the authority to extend
    the deadline for attainment of effluent limitations based on secondary
    treatment.
    This authority, according to the Agency, has been extended
    only to the Administrator of the United States Environmental Protection
    Agency
    (USEPA) and the Directors of approved NPDES state programs.
    The Agency’s authority to issue NPDES permits comes from the
    Environmental Protection Act
    (the Act), Chapter
    3
    of the Board’s
    Rules,
    and a grant of authority from the USEPA.
    It should be noted
    that the grant of authority from USEPA did not infuse the Agency
    with new powers.
    It was an acknowledgement that the Act and the
    Board’s Rules were sufficient to transfer administration of NPDES
    from USEPA to the Agency.
    Section 39(b)
    of the Act states in part:
    “The Agency, subject to any condition which may be pre-
    scribed by Board regulations, may issue NPDES permits to
    allow discharges beyond deadlines established by this Act
    or by regulations of the Board without the requirement of
    a variance, subject to the Federal Water Pollution Control
    Act Amendments of 1972
    (P.L.
    92-500)
    and regulations
    pursuant thereto.”
    Rule 409(a)
    of Chapter
    3 addresses the problem of delays in compliance
    due to delays in obtaining construction grant funds.
    This rule
    provides for extensions without Board variances if certain conditions
    are met.
    At paragraph 23 of the Stipulation of Fact it
    is stated
    that Petitioner is unable to comply with Rule 409(a).
    Consequently
    a variance from the requirements of Chapter 3 is necessary in
    this
    instance.
    The Board is not deciding here whether Petitioner’s ina-
    bility to comply with Rule 409(a)
    jeopardizes its ability to obtain
    a construction grant since the administration of the construction
    grants program is clearly beyond the Board’s authority.
    31—433
    Rule 910(h) (6)
    of Chapter
    3 restricts the Agency’s authority to
    establish schedules of compliance in NPDES permits.
    It states in part:
    “...However, the Agency shall not issue an NPDES
    Permit
    containing a schedule of compliance beyond July 1, 1977,
    or any other compliance date established by Federal law,
    to any applicant who is not in compliance with, or who has
    not obtained a variance from applicable Illinois Water
    Pollution Regulation,...”
    Since Petitioner has not been able to comply with the July 1,
    1977
    deadline and no other compliance date has been established by any
    competent authority
    (in this case, USEPA), Petitioner needs a Board
    variance in order to have its schedule of compliance extended.
    Section 35 of the Act was recently amended to provide that the Board
    may grant variances “...to the extent consistent with...the Clean
    Water Act of 1977
    (P.L.
    95—217)...”.
    The Board’s authority has
    therefore been extended to include the grant of a variance under the
    direction of Section 301(i)
    of the Clean Water Act
    (CWA).
    The reference
    in Section 301(1)
    to “the State” and to “the Director”
    in 40 CFR
    Part 124, Subpart L shall be interpreted in this instance to refer
    to the Board since the Board is the only entity with the requisite
    authority to grant variances.
    On July 26,
    1978 Petitioner moved the Board to reconsider its
    decision based on contemplated amendments to its construction grant
    schedule.
    The Board acknowledges that flexibility is needed to
    conform with construction time tables.
    However, the July 1, 1983
    deadline cannot be extended since this represents the extent of the
    Board’s authority.
    The same limitation holds true for compliance
    with pretreatment regulations because of the language in 40C.F.R.
    §124.104(b).
    This Supplementary Opinion constitutes the findings of fact and
    conclusions of law of the Board in this matter.
    ORDER
    1.
    The Agency’s motion for rehearing or modification is hereby denied.
    2.
    The Board’s Order dated June 22,
    1978
    is hereby amended to read
    as follows:
    ORDER
    1.
    The Village of Sauget be granted a variance from Rule 408(a)
    of Chapter
    3 of the Board’s Regulations, pertaining to mercury,
    until July 1, 1979,
    subject to the following conditions:
    (a)
    Sauget’s mercury effluent discharge shall not exceed a
    monthly average of 0.0005 mg/i.
    31—434
    —3—
    (b)
    Sauget shall conduct an inventory on discharge of mercury
    into its sewage system, provide data on daily discharges
    from each source and describe all current efforts to control
    such discharges.
    (c)
    The variance for mercury shall sooner terminate upon modi-
    fication of mercury effluent standards resulting from final
    action by the Board in R76-17 and R76-2l.
    2.
    The Village of Sauget be granted a variance from Rules 408
    and 409(a)
    of Chapter
    3 of the Board’s Regulations pertaining
    to oil and phenols, until July
    1,
    1983, under the following
    conditions:
    (a)
    Sauget’s oil effluent discharge shall not exceed a monthly
    average of 58 mg/i.
    (b)
    Sauget’s phenol effluent discharge shall not exceed.a
    monthly average of
    19 mg/i.
    (C)
    The variance for phenols shall sooner terminate upon
    promulgation of appropriate Federal BAT standards for
    phenols under the Clean Water Act of 1977.
    (d)
    Sauget shall proceed expeditiously with construction of
    a regional biological waste treatment plant.
    (e)
    the variance for oil and phenols shall sooner terminate
    upon diversion of Sauget’s wastewater flow to a regional
    biological treatment plant.
    3.
    The Village of Sauget be granted a variance from Rule 404(b)
    (i)
    of Chapter
    3 of the Board’s Regulations pertaining to BOD and
    Suspended Solids until July 1,
    1983 subject to the following
    conditions:
    (a)
    Sauget’s BOD effluent discharge shall not exceed a monthly
    average of 332 mg/i.
    (b)
    Sauget’s Total Suspended Solids effluent discharge shall
    not exceed a monthly average of 120 mg/i.
    (c)
    Sauget shall proceed expeditiously with construction of
    a regional biological waste treatment plant, following
    the timetable in its construction grant application which
    is incorporated by reference as
    if fully set out herein.
    (d)
    Petitioner shall request the Agency, before June 26,
    1978,
    to issue or modify its NPDES permit to incorporate all
    conditions of the variance set forth herein,
    including
    but not limited to:
    (1)
    Compliance with the timetable referred to in
    Condition
    (c).
    31—435
    (2)
    Compliance with sections 201(b) through
    (g) of the
    C.W.A. consistent with the terms of Sauget’s con-
    struction grant.
    (3)
    Issuance of quarterly progress reports indicating
    the measures undertaken to insure maximum operation
    and maintenance of existing treatment facilities
    for the duration of the variance.
    (4)
    Compliance with all applicable pretreatment regu-
    lations promulgated pursuant to C.W.A. Section 307(b)
    in 40 C.F.R.
    Pt. 403, or if no such regulations have
    been promulgated, compliance with the pretreatment
    regulations in 40 C.F.R.
    Pt.
    128.
    4.
    The Agency, pursuant to Rule 914 of Chapter 3,
    shall issue or
    modify Sauget’s NPDES permit consistent with the conditions
    set forth in this Order including appropriate monitoring
    requirements and such interim effluent limitations as may
    reasonably be achieved.
    5.
    Within 45 days after the date of the date of this Order,
    the
    Petitioner shall submit to the Manager, Variance Section,
    Division of Water Pollution Control, Illinois Environmental
    Protection Agency,
    2200 Churchill Road, Springfield, Illinois
    62706 an executed Certification of Acceptance and Agreement to
    be bound to all terms and conditions of the variance.
    The
    forty-five day period herein shall be suspended in the event
    of judicial review of this variance pursuant to Section 41 of
    the Environmental Protection Act.
    The form of said certification
    shall be as follows:
    CERTIFICATION
    I(We),___________________________________ having read the
    Order of the Pollution Control Board in PCB 77-136, understand and
    accept said Order, realizing that such acceptance renders all terms
    and conditions thereto binding and enforceable.
    SIGNED
    TITLE
    DATE
    31—43~
    —5—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Op
    e adopted
    on the
    &lSr
    day of
    1978 by a
    vote of
    Clerk
    Christan
    Illinois Pollution Control Board
    31—437

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