ILLINOIS POLLUTION CONTROL BOARD
    April 28, 1977
    BALL
    CHATHAM
    COMMUNITY
    UNIT
    )
    SCHOOL DISTRICT
    5,
    )
    Petitioner,
    v.
    )
    PCB 77—31
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This matter comes before the Board on the petition filed
    on January 31,
    1977, by the Ball Chatham Community Unit School
    District
    5 seeking variance from Rules
    402,
    404(f) (ii) (A)
    and
    404(f) (ii) (D)
    as regards phosphorus, ammonia nitrogen and
    dissolved oxygen.
    The variance is sought for a discharge to
    Lake Springfield from a waste treatment facility located
    at
    Glenwood-Junior-Senior High School as well as
    for a discharge
    to Brush Creek from a waste treatment facility located at
    Ball Elementary School.
    Brush Creek Valley
    is the proposed
    site for Lake Springfield II, although Brush Creek is presently
    tributary
    to Horse Creek.
    The recommendation states that water
    from Horse Creek is pumped into Lake Springfield during periods
    of low water level
    in that lake.
    The Agency Recommendation
    favorable to the grant of the variance was filed on March 21,
    1977.
    Petitioner seeks this variance to qualify these discharges
    for Rule 404(f) (ii)
    (Pfeffer)
    exemptions,
    thus relieving Peti-
    tioner of the requirement of performing certain treatment plant
    upgradings.
    It
    is Petitioner’s contention
    that the expense of
    these upgradings would place an unreasonable hardship on Peti-
    tioner,
    a contention based on the fact that Petitioner hopes
    to
    discharge directly
    to the sewers of the Springfield Sanitary
    District at a time no later than 1980.
    While it is indeed probable that the Board would agree with
    this contention
    if
    the
    extensions occur
    as planned, the Board
    believes,
    that with the exception of the request for relief for
    the phosphorus discharge from the Glenwood School,
    this petition
    is inadequate and premature.
    The petition
    is
    inadequate because
    it fails to include any data or analysis showing that the dis-
    charges cause a water quality violation;
    indeed, the petition
    25
    401

    —2--
    fails
    to contain any water quality data whatsoever.
    It is
    elementary that before the Board will grant variance from
    a
    regulation, violation of that regulation must be shown.
    The
    Board believes this petition is premature because
    it is Peti-
    tioner’s obligation to first formally apply to the Agency for
    Rule 404(f) (ii)
    exemptions before filing
    a variance petition
    with the Board.
    It is not apparent from the pleadings that
    this procedure has been followed and no adequate reason was
    presented for the departure therefrom.
    The exemption procedure
    was provided in the regulations
    in general recognition of the
    fact that it would be far more practical and economical if the
    Agency possessed the authority to first formally rule on these
    requests.
    The Board believes therefore,
    that in all cases
    except those
    in which the water quality violations are obvious,
    this procedure should be followed.
    In submitting the Rule 404
    (f) (ii) exemption request to the Agency for the discharge from
    the Glenwood School,
    the District may employ the mixing zone
    concepts
    as contained
    in Rule 201 in making its analysis re-
    garding the effects of the discharge on the lake’s dissolved
    oxygen water quality.
    Village of ma, PCB 77—38
    (April 28, 1977).
    In view of the foregoing, with the exception noted, this
    matter will therefore be dismissed without prejudice.
    In
    regards
    to the phosphorus discharge from the Glenwood treatment
    plant, the Board will,
    after taking notice of the many decisions
    already rendered in regards
    to discharges of this particular
    contaminant, grant the requested relief.
    Villag~eof Ar9enta
    and Village of Cerro Gordo, PCB 75—182,
    PCB 75—183,
    18 PCB 152;
    City of Hoopeston, PCB 76-234; Caseyville Township, PCB 77-14.
    This same relief would have been provided for the discharge from
    the Ball Elementary School if the pleadings had established that
    the discharge presently enters a lake or reservoir.
    Further,
    the Board holds that a plant’s discharge requirements are not
    dependent on the fact whether some downstream user chooses to
    pump that water into a lake or reservoir.
    This Opinion constitutes
    the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Ball Chatham Community School District
    5 is granted
    variance for its discharge from the Glenwood School sewage
    treatment facility from Rules
    203(c),
    402,
    404 (f) (ii) (A)
    and
    404 (f) (ii) (D) of the Water Regulations as regards phosphorus
    until April
    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 District
    shall comply with such revised regulations when adopted by the
    Board.
    25
    402

    —3—
    2.
    Within 35 days 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 form of said certifica-
    tion shall be as follows:
    CERT IF ICAT ION
    I,
    (We),
    ________________________
    having
    read
    the
    Order
    of
    the
    Pollution
    Control
    Board
    in
    PCB
    77-31,
    understand and accept said Order, realizing that such
    acceptance renders all terms and conditions
    thereto
    binding and enforceable.
    SIGNED
    TITLE
    DATE
    The Petitioner’s request for variance from Rules
    402,
    404
    (f) (ii) (A)
    and 404 (f) (ii) (D)
    as regards ammonia nitrogen and
    dissolved oxygen for both the Glenwood School and Ball Elementary
    School,
    as well
    as the request for the same relief as regards
    phosphorus at the Ball Elementary School,
    are hereby dismissed
    without prejudice.
    IT IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    ‘~-/~day of (j~)~
    ,
    1977 by a vote
    /
    ~
    f1L
    Cfiristan L. Moffett,~’~1erk
    Illinois Pollution Control Board
    25
    403

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