ILLINOIS POLLUTION CONTROL BOARD

August 5

,

1976

VILLAGE OF ROSSVILLE,

Petitioner,

v.

)

PCB 76—142

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Young):

This matter comes before the Board on the petition of the

Village of Rossville filed May 13,

1976 seeking variance from

Rules 203(c), 402 and 404(f)

of Chapter

3:

Water Pollution

Rules and Regulations

as regards phosphorus.

The Agency filed

a Recommendation on June

29, 1976;

no hearing was held

in this

matter.

The Village of Rossville is located in Vermilion County

with a population of approximately 1,500 persons.

At the present

time the Village has a combined sewer system which collects both

storm and sanitary wastes, but because the Village does not have

a sewage treatment plant, these wastes are discharged untreated

into the North Fork of the Vermilion River, which is tributary

to Lake Vermilion.

In May,

1975,

the Village was offered

a Step

I grant by the Agency for the preparation of a Facilities Plan.

This Facilities Plan, which anticipates

the use of either an

oxidation ditch or aerobic—anaerobic lagoons for the proposed

treatment plant, was submitted to the Agency in February,

1976,

and the Village

is awaiting Agency approval thereof.

Rule 203(c)

sets a standard of 0.05 mg/l for phosphorus

as

P in any reservoir or lake,

or in any stream at the point where

it enters any reservoir or lake and Rule 402 requires that the

Villagets effluent not contribute toa violation of the Rule 203

(C)

water quality standard.

The phosphorus concentration in the

North Fork of the Vermilion River as

it enters Lake Vermilion

presently exceeds

.05 mg/l; therefore,

the Village’s effluent is

water quality limited to the Rule 203(c)

standard of

.05 rng/l

phosphorus.

Ifthe Village’s proposed treatment facility does

not meet the .05 mg/l standard of Rule 203(c),

the Agency cannot

issue

a construction permit unless the Village first obtains a

variance from the Board.

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In order to meet the 203(c)

standard,

the Village would

have to install phosphorus removal facilities estimated to

cost

$52,000.00

(oxidation ditch)

or $73,000.00

(aerobic-anaerobic

lagoon)

with yearly maintenance costs of $20,000.00 and $29,000.00

respectively.

Even with this phosphorus removal equipment, how-

ever,

the Village alleges the effluents will not comply with the

0.05 mg/i phosphorus standard.

Pumping the effluent into an

adjacent watershed and land application were also considered,

but these alternatives were also found undesirable for economic

reasons.

The Village alleges that the removal of phosphorus from the

treatment plant’s effluent would have either little, or at most

an insignificant,

effect on the water quality of the North Fork

of the Vermilion ~iver

or Lake Vermilion.

This allegation

is

based on the fact that the median phosphorus concentration in

the North Fork

is lower downstream

(0.200 mg/i)

from the Village

than upstream

(0.440 mg/i).

As the Agency points out,

however,

while the concentration of phosphorus is less downstream,

there

is a substantial increase in total phosphorus being carried by

the stream due to the increased flow volume found to exist down-

stream.

The fail

in phosphorus concentration is unexplained;

the Agency suggests that the phosphorus most likely is carried

by bottom sediments into the Lake

(R.

p6)

in which case

it would

not be measured by upper water sampling.

Total phosphorus loading

to the Lake is estimated to he 31,066 kilograms,

of which the

Agency estimates 2,381 kilograms

(7.7)

is discharged

from the

Village.

The Board does not consider this

to be an insignificant

amount.

The Village alleges they will suffer an unreasonable hardship

if the Board denies this variance request,

a denial which would

prevent the Village from utilizing State/Federal grant funds

to

assist in the construction of a much needed sewage treatment

plant.

The Board also notes that on January

5,

1976, the Agency

filed

a Petition for Regulatory Change

(R76—l) with the Board

which would amend the Regulations by requiring only point sources

of 1500 or more population equivalents

to treat wastewater to a

level not to exceed

1 mg/I phosphorus prior to discharge.

As

justification for this proposal the Agency submits that eutrophi-

cation studies by both the USEPA and the Illinois State Water Sur-

vey show that the contribution of point source dischargers

to the

total phosphorus problem of lakes and reservoirs

is small compared

to the non-point source contribution.

The Agency submits that non—

point sources such as run-off waters from farm lands fertilized

with phosphate base fertilizers, account for the overwhelming

majority of the phosphorus loading of most lakes and reservoirs.

In view of these considerations the Board believes the Village

is entitled to the relief requested.

The Board will require,

however, that the Village design and construct the sewage treat-

ment plant

to allow for the possible future installation of appro-

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priate phosphorus removal facilities.

Because the Village plans

to apply for a Pfeffer exemption, the Board will also grant a

variance from Rules

404(f) (ii) (A) and 404(f) (ii) (D)

as those rules

apply to phosphorus.

While the Agency submits that this relief

is not needed because Rule 409

(Delays

in Upgrading)

provides the

Village with the same relief until July

1,

1977,

the Board does

not agree.

Rule 409 provides relief until July

1,

1977 from

effluent standards but does not apply in situations

in which the

discharge is water quality limited.

This Opinion constitutes the Board’s

findings of fact and

conclusions of law in this matter.

ORDER

The Village of Rossville is granted a variance for the opera-

tion of its proposed sewage treatment plant from the phosphorus

limitations of Rules 203(c),

402,

404(f) (ii) (A)

and 404(f) (ii) (D)

of Chapter

3:

Water Pollution Regulations until August

1,

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 Village of Rossville

shall comply with such revised regulations when adopted by the

Board.

2.

The sewage treatment plant shall be designed and con-

structed to allow for the possible future installation of appro-

priate phosphorus removal facilities,

and

3.

Within 35 days of the date of this Order,

the Village of

Rossville 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 certi-

fication shall be as

follows:

CERTIFICATION

I,

(We)

,

______________________________ having read

the Order of the Pollution Control Board

in PCB 76-142,

understand and accept said Order,

realizing that such

acceptance renders all

terms and conditions thereto

binding and enforceable.

SIGNED

TITLE

DATE

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IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

_________

1976 by

a

vote of

______

adopted o

the

~

day

Of

Illinois Pollution Co

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