ILLINOIS POLLUTION CONTROL BOARD

February

5,

1981

COUNTY OF DuPAGE,

)

Petitioner,

v.

)

 PCB 80—122

tLLIN~I~ENVIRONMENTAL PROTECTION

)

AGT~NCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by

I.

 Goodman):

On June 24,

 1980 the County of DuPage (County)

 filed a peti-

tion for variance before the Board requesting relief from certain

rules of Chapter 3:

 Water Pollution as they applied to dissolved

oxygen in order to allow the County to construct and operate an

interim wastewater treatment plant.

 No hearing was held in this

matter, but the Board has received public comment.

The

 County,

 through its Department of Public Works, operatcs

nine sewage treatment plants,

 including the Marionhrook Sewage

Treatment Plant at Darien,

 Illinois,

 On April

30,

 1979 the Agency

notifie~the County that the Marionbrook plant was on restricted

status.

The

 County is proposing to construct a temporary sewage

treatment facility, to be known as the Interim Knoliwood Wastewate~

Treatment Plant,

 having a capacity of 0.25 million gallons per day

and discharging BOD

 and suspended solids at levels of 20 mg/i

and

25 mg/i, respective~y, the standard limitations for discharge into

 the Des Plaines River

 (Rule 404(b)(ii)).

 The effluent would also

contain a minimum concentration of 5.0 mg/i of dissolved oxygen.

The County has requested variance from Rules 203(d),

 402,

 902(i)(l)

and 962(a) as these concern dissolved oxygen.

The purpose of constructing the interim plant is to provide

additional

 sewage treatment capacity in the area served by the

Marionbrook plant

 (to be used to treat both existing and permitted

flows)

 and to accommodate additional

 flows from new construction

in

the area.

 The Agency recommends that variance be granted from

Rules 203(d)

 and 402 subject to certain conditions.

Considering the situation in the area involved herein, the

Board finds that it would impose an unreasonable hardship

 to deny

the construction of the proposed Interim Knollwood Wastewater

‘The Board has reviewed the situation at the Marionhrook Sewage

Treatment Plant in prior variance cases and shall therefore not

repeat that evaluation here.

40—403

—2—

Treatment Plant.

 The construction of this plant will not

only

lead to improved quality of the present discharges

 into ths

DesPlaines River hut will also allow much construction to proceed

as planned.

 The Board shall,

 therefore, grant variance,

 subject

to

certain conditions.

This Opinion constitutes the findings of fact and the conclu-

sioris of law of the Board

 in this matter.

ORDER

It

 is the Order of the Illinois Pollution Control

Board bhat~

1.

 The County of DuPage is hereby granted variance

fror~

Rules 203(d)

 and 402 of Chapter

3:

 Water Pollution Control

Ru’es

and Regulations

 as they relate to dissolved oxygen for

the pucpose

oI~corìs~ructionof a temporary wastewater treatment plant known

as

the

Tnt~rim

Knollwood Wastewater Treatment Plant subject

 to the

following conditions:

a.

 The interim plant shall have a design average

flow

of

 at least 0.25 million gallons per day and shall meet

the

requirements of the Illinois Recommended Standards

for Sew~je

Works (effective March 31, 1980).

The

interim

plant

shall

 operated by the

 r)uPaqe

County

Department

 of Public Works under the direction

of

properly

certified

operator.

c.

 The effluent discharged fgom

the

interim

 plant. shaU

not exceed levels of 20 mg/l of BOD

 and 25 mg/l of

suspended

solids and shall contain a minimum of

 5 mg/l of dissolved

oxygen,

 all levels to be determined on the basis of

30—day

averages.

d.

 The interim plant shall not exceed the limitations

set by Chapter

3:

 Water Pollution Control Rules and

Regul~tious

for

all parameters with the exception of dissolved oxygen.

e.

 The County of DuPage shall obtain all necessary per-

mits from the Illinois Environmental Protection

 Agency.

f.

 Adequate sludge handling and disposal facilities

shall be provided at the site of the interim treatment

plant

so as not to cause or threaten to cause violations of

the

Illinois Environmental Protection

 Act or the Illinois

Poiluto~

Control Board’s regulations.

g.

 The County of DuPage shall obtain any necessary

modifications pursuant to applicable areawide planning require--

ments.

h.

 Within 90 days after

 final inspection and approval

by the Illinois Environmental Protection Agency of the

permanent

Knollwood Wastewater Treatment Plant, operation of the interim

plant shall terminate and the interim plant shall be dismantled.

40—404

—3—

i.

 Within 45 days of the date of this Order, the County

 of DuPage shall execute and forward to the Illinois Environ-

mental Protection Agency, Variance Unit,

 2200 Churchill Road,

Springfield,

 IL 62706, an executed Certification of acceptance

and agreement to be bound by all conditions cC this variance.

This forty—five day period shall be stayed

 if Petitioner

 seokc

judicial review of this variance pursuant to Section

41

of

 th’

Environmental Protection

 Act.

 The form of said Certification

shall be as follows:

CERTIFICATION

I,

 (We,)

_______

_____-

—~

having

read

the Order of the Illinois Pollution Control

 Board in PCB 80—122

dated

___________________________,

 understand and accept the Order

and agree to be bound by all of its terms and conditions.

____________

 Petitioner

_______

 Authorized

 Agent

______________

_____—______

 Title

____

 Date

2.

 Variance from Rules

 962(a) and 902(i)(1) of Chapter

2:

Water Pollution Control Rules and Regulations

 is denied

as

unne-

cessary.

3.

 The Board shall retain jurisdiction in this mattec.

I,

 Christan

 L. Moffett,

 Clerk of the Illinois Pollution

control Board, hereby certify th~tthe above Opinion and Order

were adopted on the

~___

 day of

~

 by a vote of

~-~-

~-,

i_~_~’~’••

.~—-———-———~-~-

Christan

 L. Moffet~,Clerk

Illinois Pollution~ControlBoard

40—40 5