ILLINOIS POLLUTION CONTROL BOARD
March
3
,
1977
VILLAGE OF RAMSEY,
)
Petitioner,
v.
)
PCB 77-12
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
This matter comes before the Board on the variance
petition filed on January 11,
1977,
by the Village of
Ramsey seeking relief from Rules 203(c),
402 and 404(f)(i)
of the Water Pollution Regulations as regards phosphorus.
The Agency Recommendation favorable to the grant of the
variance was filed on February
10, 1977.
The Board has dealt with many similar petitions in
which relief was sought from the requirement of meeting
the phosphorus water quality standard.
Village of Argenta
and Village of Cerro Gordo, PCB 75-182, PCB 75-183,
18 PCB
152; Village of Strasburq,
PCB 76—28; Old Ben Coal Compa~y~,
PCB 76-21; City of Hoopeston,
PCB 76-234.
The Village of
Ramsey,
with a population of approximately 830, presently
operates a single-cell lagoon treatment facility which is
incapable of meeting the minimum effluent discharge standards
as established in our Regulations.
In view of this and with
the help of State/Federal funds, the Village proposes to
utgrade its facilities
to include a two-cell aerated lagoon
with
a submerged sand filter and chlorination.
The proposed
facility has a designed average flow of
1.02,500 qpd, and
will produce an
cff.ucnt
quality of
30 my/I
BOD,
30 mq/l
suspended solids,
and
5 mg/i phosphorus.
Aqency approval
for either Step II or III funding
is contingent upon either
the Village obtaining
this variance or upon the Village
providing the required phosphorus removal.
The Village
alleges that providing the required phosphorus removal would
impose an arbitrary or unreasonable hardship on the Village.
Although the Agency does not soecifically
so state in
this Recommendation,
the Agency has on prior occasions stated
that recuiring phosphorus removal to the 0.05 mg/l level is
25
—
55
—2—
not both technically feasible and economically reasonable.
Consistent with this belief,
the Agency has filed a Petition
for Regulatory Change
(R76-l) with the Board which would
amend the regulations by requiring only point sources which
have 1500 or more population equivalents and which discharge
into impoundments of greater than twenty acres to treat the
wastewater to a level not to exceed 1 mg/l prior to discharge.
Because the Village’s expected waste load is only 830 popula-
tion equivalent,
the Village will not be required to provide
any phosphorus removal if the regulation
is adopted as proposed.
The Board is disposed to grant the relief requested.
As
in the earlier cited cases,
the Board finds here that the
Village would suffer an arbitrary or unreasonable hardship
if required to meet the 0.05 mg/i phosphorus water quality
standard.
This Ooinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
The Village of Ramsey is granted a variance for the opera-
tion of its proposed sewage treatment plant from Rules 203(c),
402 and 404(f)(i) of Chapter
3:
Water Pollution Control Regu-
lations as regards phosphorus until March
1,
1982, subject
to the following conditions:
1.
This variance will terminate upon adoption by the
Board of any modification
of the existing phosphorus water
quality standards and effluent limitations and the Village
shall comply with such revised regulations when adopted by
the Board.
2.
Within 35 days of the date of this Order,
the Peti-
tioner 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 form of said
certification shall be as follows:
CERTIFICATION
I,
(We), ___________________________
having read
the Order of the Pollution Control Board in PCB 77-12,
understand and accept said Order, realizing that such
acceptance renders all terms and conditions thereto
binding and enforceable.
25-56
—3—
SI
GNED
TITLE
DATE
IT
IS
SO
ORDEPED.
I,
Christan
L.
Moffett,
Clerk
of
the
Illinois
Pollution
Control
Board,
her~1~y
certify
the above Opinion and Order were
adooted
on
the
~
day of
_________________
,
1977 by
a vote of ~
~1~k
hristan L.
Illinois Pol1ution~ntrol Board
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57