ILLINOIS POLLUTION
    CONTROL BOARD
    December
    16,
    1976
    CITY OF HOOPESTON,
    Petitioner,
    v.
    )
    PCB 76—234
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Young):
    This matter comes before the Board on the variance
    petition filed September
    23,
    1976,
    by the City of Hoopeston
    seeking relief from Rules
    203(c),
    402,
    404(f) (ii)(A)
    and
    404 (f)
    (ii) (D)
    of the Water Pollution
    Regulations
    as regards
    phosphorus,
    The Agency originally objected
    to the grant
    of the variance.
    On November
    22, 1976,
    the Agency filed
    their Recommendation
    in this matter and also filed
    a Motion
    for Leave
    to Withdraw their Objection.
    The Board hereby
    allows this latter motion.
    The Board is familiar with the situation which confronts
    the City of Hoopeston and has already granted
    the requested
    relief in many prior variance cases.
    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.
    The
    City
    of
    Hoopeston
    is
    attempting
    to
    upgrade
    its
    existinci
    sewage
    treatment
    plant
    with
    the
    help
    of
    State/Federal
    funds
    but
    Agency
    approval
    of
    the Facilities Plan and Step
    II
    funding cannot he made due
    to the phosphorus water quality
    violation to which the City~sdischarge contributes.
    Because
    the Ci ty
    does
    not; hel
    ~
    ow’
    i
    t.
    i s both
    tecThn~c~
    1
    ly
    iea~ih le
    drid
    ~c:or~om
    lCd
    I
    y
    rcasoiiabl
    c
    Lo
    L.roa
    t
    I
    di ~-;cIii
    r~o to
    moot
    tWo
    .05 mq/i
    waLer
    qual
    i
    Ly
    s Lania~d
    Ioi~ phosphorus,
    tWo
    C
    t:y
    socks
    this variance.
    The
    Agency
    agrees
    with
    the
    City
    that
    requiring
    phosphorus
    removal
    to
    the
    0.05
    mg/I
    level
    is
    not
    techn:ically feasible
    or
    economically
    reasonable
    (Rec.
    4).
    The
    Agency
    has
    also
    filed
    a
    Petition
    for
    Regulatory
    Change
    (R76-l)
    with the Board which
    24 —441
    —2—
    would amend the regulations by requiring only point sources
    which have untreated waste loads of 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/i prior
    to discharge.
    The City’s facility is
    presently serving a population of approximately 7,000,
    and
    if the regulatory proposal is adopted would be required to
    treat
    to a level of
    1 mg/i phosphorus.
    The Board
    is disposed to grant the relief requested.
    As
    in the earlier cited cases, the Board finds here that the
    City would suffer an arbitrary or unreasonable hardship if
    required
    to meet the 0.05 mg/i water quality standard.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    The City of Hoopeston is granted a variance for the
    operation of its sewage treatment plant from Rules
    203(c),
    402,
    404(f) (ii) (A) and 404 (f)(ii) (D) of Chapter
    3:
    Water
    Pollution Regulations
    as regards phosphorus until December
    16,
    1981,
    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 City of
    Hoopeston shall comply with such revised regulations when
    adopted by the Board.
    2.
    If grant funds become available during the period
    of this variance, the City shall install and operate the
    requisite equipment necessary to reduce the phosphorus con-
    centration in its discharge to
    1 mg/i,
    or
    to whatever alterna-
    tive level may be set by the Board.
    3.
    Wi thin
    35 days
    or
    the date of
    tlii
    ~
    Order,
    the
    City
    of Iloopeston
    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 of the Order of the Pollution Control Board
    24
    —
    442
    —3—
    in PCB 76-234,
    understand and accept said Order,
    realizing that such acceptance renders all terms
    and conditions thereto binding and enforceable.
    IT
    IS
    SO ORDERED
    SIGNED
    TITLE
    DATE
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, here~ycertify
    the above Opinion and Order were
    adopted onkthe
    J~
    day of
    ____________________
    ,
    1976 by
    a vote of ~
    Illinois Pollution
    1 Board
    24
    —
    443

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