ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1977
    VILLAGE OF BROWNSTOWN,
    )
    Petitioner,
    V.
    )
    PCB 77-4
    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
    6, 1977,
    by the Village of
    Brownstown 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
    7, 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 Strasburg,
    PCB 76—28; Old Ben Coal
    Company, PCB 76-21; City of Uoopeston,
    PCB 76-234.
    The
    Village of Brownstown, with a population of 689, presently
    operates a sewage treatment facility consisting of an
    Imhoff tank and trickling filter.
    Because this system has
    proved to be inadequate,
    the Village proposes to construct,
    with the help of State/Federal funds, a new facility con-
    sisting of a three cell lagoon with a submerged sand filter.
    Because of the phosphorus water quality violation, Agency
    approval for either Step II or
    III fundinq cannot be obtained
    unless the Village provides
    the required phosphorus removal.
    The Village alleges
    that providing the required phosphorus
    removal would impose an arbitrary or unreasonable hardship
    on the Village.
    As in many of the cited cases, the Agency again submits
    that requiring phosphorus
    removal to the 0.05 mg/l level
    is
    not both technically feasible and economically reasonable
    (Rec.
    p.
    3, par.
    10).
    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
    25
    —
    49
    —2—
    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 689 population 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 Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Village of Brownstown is granted a variance for the
    operation of its proposed sewage treatment plant from Rules
    203(c),
    402 and 404(f)(i) of Chapter
    3:
    Water Pollution Control
    Regulations 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 77-4,
    understand and accept said Order, realizing that such
    acceptance renders all terms and conditions thereto
    binding and enforceable.
    SIGNED
    TITLE
    DATE
    25-50
    —3—
    IT
    IS SO ORDERED.
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~y certify the abov
    Opinion and Order were
    adopted
    ~i
    the
    3~
    day of
    fY)
    ,
    1977 by a
    vote of
    ~-
    A
    Christan L. Moff~r,~t1~C1erk
    Illinois Pollutio~/~ntrolBoard
    25
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    51

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