ILLINOIS POLLUTION CONTROL BOARD
    August 23, 1979
    CITY OF WINDSOR,
    Petitioner,
    v.
    )
    PCB 79—130
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This matter comes before the Board on
    a Variance Petition
    filed on June
    28,
    1979,
    by the City of Windsor for relief from
    the dissolved oxygen water quality standards of Rules
    203(d)
    and 402 of Chapter
    3:
    Water Pollution Regulations,
    in order to
    ciualify for a “Pfeffer Exemption” pursuant to Rule 404(f) (ii)
    of Chapter
    3.
    On August
    7,
    1979,
    the Agency filed
    a Recommen-
    dation favorable to the grant of this relief provided that the
    Petitioner adhere
    to certain conditions.
    No hearing was held
    in this matter; heiring was properly waived by the Petitioner.
    The City of Windsor is currently considering measures for
    upgrading its treatment facility under a Step
    1,
    Facilities Plan.
    Petitioner’s existing facility consists of an activated sludge
    treatment system, an effluent polishing pond and chlorination.
    The Windsor treatment facility is currently designed to receive
    an average flow of 150,000 gallons per day.
    The effluent is
    discharged to a tributary of Sandy Creek which
    is
    3 to
    4.5 miles
    upstream from Lake Shelbyville.
    (Pet.
    2,
    3,
    5;
    Rec.
    2).
    On June
    18,
    1979, Petitioner’s request for a “Pfeffer
    Exemption” was denied.
    The Agency rejected the request to allow
    Petitioner’s proposed facility to plan treatment capabilities of
    10 mg/i BOD5 and
    12 mg/i total suspended solids on the basis that
    it was impossible to determine,
    by modeling,
    the impact of
    Petitioner’s discharge on the dissolved oxygen concentration in
    the
    receivinq stream.
    The Streeter—Pheips equation, which
    is
    des
    ic;ned
    t
    pieclict
    the
    reacration
    capabilities
    of
    a
    particular
    stream
    seqment,
    can
    not
    be
    modified
    to
    accurately
    determine
    the
    dissoLv~d
    exyqen
    impacts
    on
    Lake
    Shelbyville.
    (Roe.
    2,
    3).
    35—233

    —2—
    In preparing its Step
    1,
    Facilities Plan,
    the City of
    Windsor has advanced three alternative measures for achieving
    compliance with the Board’s Water Pollution Rules.
    Alternative
    #1 proposes improvements to upgrade the plant’s treatment
    capabilities
    to 10/12 BOD5/TSS, provided that
    a variance be
    obtained from the dissolved oxygen requirements of Chapter
    3.
    Alternative
    #2 would require an expenditure,
    in addition
    to
    the cost of the treatment improvements
    in Alternative
    #1, for
    a secondary lift station and 13,000 feet of six—inch pipe to
    divert its wastewater to an alternative river basin.
    Alternative
    #3 consists of proposed land application measures
    to the secondary
    treated
    effluent
    of
    the
    Windsor
    plant.
    The
    estimated
    cost
    for
    upgradinq the Windsor facility in accordance with Alternative
    #1
    is $542,000;
    the estimated costs for Alternatives
    #2 and #3
    are $1,228,000 and $1,352,000, respectively.
    With timely grants
    of Step
    2 and Step
    3 design and construction monies under the
    construction grants program, the City of Windsor anticipates
    completion of its improved facility by August,
    1981.
    (Pet.
    3—5,
    Tables
    1-3).
    After assessing the economic reasonableness of the alternative
    treatment techno1o~ies in its Facilities Plan,
    the Petitioner
    states and the Age:icy does not dispute that implementation
    of Alternative
    #2, diversion to another watershed and Alternative
    #3,
    land application, would impose an arbitrary and unreasonable
    hardship.
    In R77-l2, Docket C, the Agency has proposed the
    deletion of the 4/5 BOD5/TSS effluent limitation for dischargers
    to streams with less than one—to—one dilution ratio.
    During
    substantive hearings
    in this matter, the Agency has stated that
    treatment to a 4/5 BOD5/TSS level
    is beyond the capabilities of
    conventional tertiary treatment.
    (Pet.
    4-5)
    The Board agrees that failure
    to grant the requested relief
    would impose an arbitrary and unreasonable hardship in view of
    the pending proceeding
    in Docket
    C of R77—12.
    Petitioner will
    be granted
    a variance from Rules
    203(d)
    and 402 of Chapter
    3 for
    two years
    in order for the Petitioner to qualify
    for its “Pfeffer
    Exemption”.
    This variance shall terminate upon the adoption of
    any modification
    to the 4/5 BOD5/TSS requirements
    in R77—l2,
    Docket C.
    During this interim period, Petitioner
    shall consider all
    reasonable measures in the design of the proposed facility for
    improving the dissolved oxygen concentration in the effluent
    from its existing treatment facility.
    Petitioner will not be
    required to monitor dissolved oxygen levels downstream from its
    discharge as recommended by the Agency at this time.
    35—234

    —3—
    The Board wilt direct the Agency
    to modify Petitioner’s
    NPDES permit
    to be censistent with this Order pursuant to
    Rule 914 of Chapter
    3 to include interim effluent limitations
    and other measures as may be achieved or implemented through
    the application of best practicable operation and maintenance
    practices
    in the
    existing
    facility.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    The City of Windsor
    is granted a variance for its
    wastewater treatment plant from Rules
    203(d)
    and 402 of Chapter
    3:
    Water Pollution Regulations regarding dissolved oxygen
    until August
    23,
    1981, subject to the following conditions:
    (a)
    The City shall implement all reasonable
    measures
    in the design of its proposed
    treatment facility to increase dissolved
    oxygen levels in the treatment plant’s
    effluent;
    (b)
    The variance shall terminate earlier upon
    adoption by the Board of any modification
    to 4/5 13OD5/TSS requirements and the City
    shall comply with the revised regulations
    adopted by the Board.
    2.
    Petitioner, within
    30 days of the date of this Order,
    shall request Agency modification of its NPDES Permit to
    incorporate all conditions of the variance set forth herein.
    3.
    The Agency, pursuant to Rule
    914
    of Chapter
    3,
    shall
    modify Petitioner’s NPDES Permit consistent with all conditions
    set forth
    in this Order including such interim effluent limita-
    tions as may reasonably be achieved through the application of
    best practicable operation and maintenance practices in the
    existing facility.
    4.
    Within forty-five
    (45)
    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
    forty-five day period herein shall
    be stayed during judicial
    review of this variance pursuant to Section 41 of the Environ-
    mental Protection Act.
    The form of said certification shall be
    as follows:
    35—235

    —4—
    CERTIFICATION
    I,
    (We),
    ____________________
    _______
    having read
    the Order of the Pollution Control Board in PCB 79-130,
    understand and accept said Order, realizing that such
    acceptance renders
    all terms and conditions thereto
    binding and enforceable.
    IT IS
    SO ORDERED.
    Dr. Satchell abstained.
    SIGNED
    TITLE
    DATE
    I, Christan
    L. Moffett
    Control
    adopted
    on
    the
    ______
    day
    of
    a vote of
    4-p
    Clerk of the Illinois Pollution
    Order were
    ,
    1979,
    by
    Illinois Pollution
    ~ol Board
    ~S—2~6

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