ILLINOIS POLLUTION CONTROL BOARD
November 20,
1980
G.R,R,
INVESTMENT CO.,
and TIMBERLAKE MOBILE
HOME SUBDIVISION HOMEOWNERS ASSOCIATION,
Petitioner,
v.
)
PCB 80—130
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J. Anderson):
This matter comes before the Board on the petition for
variance filed July
15,
1980,
as amended August
6,
1980,
by the
G.R.R. Investment Co.
(G.R..R.) and the Timberlake Mobile Home
Subdivision Homeowners Association
(Timberlake).
Petitioners seek
variance from the fecal. coliform limitation of Rule 405 of Chapter
3:
Water Pollution.
On October
24,
1980 the Environmental Pro-
tection Agency (Agency) filed
its Recommendation in support of the
grant of variance with conditions,
Hearing was waived and none has
been held.
The material before the Board does not make entirely clear
G.R.R’s interest in this matter.
However,
Petitioners were issued
a construction permit in 1969 to install
a three—cell lagoon waste—
water treatment plant near Burksville, Monroe County,
to serve
72
persons discharging an average of 5400 gpd of sewage to the lagoon
system.
The plant does not have
facilities to chlorinate its
effluent although this was required no later than July
1,
1972.
A
permit to construct and operate such facilities was issued to G.R.R.
in January,
1980.
Petitioners’
effluent is discharged into Rockhouse Creek,
whose
waters reach the Kaskaskia River.
The Agency has never received
the semi—annual Discharge Monitoring Reports from the Petitioners
as required by their NPDES Permit.
No Agency analysis of Peti-
tioners’ effluent was provided for the Board’s consideration,
although the Agency reported an analysis
of fecal coliform from
samples taken from the Kaskaskia River at Evansville.
(The samples,
taken on certain dates between October
13,
1976 to September 14,
1977 show three excursions from the 400 per 100 ml fecal coliform
limit of Rule 405.
These excursions were 470,
1100,
and 2100 per
100 ml.
Effluent is to be disinfected
(chlorinated) when the fecal
coliform limitation
is exceeded,
pursuant to Paragraph 9.1 of
Chapter
90 of the Agency’s “Recommended Standards for Sewage Works.”)
2
Petitioners seek variance until such time as the Board reaches
a decision in R77-12, Docket D.
This regulatory proposal would
eliminate the fecal coliform limit of Rule 405 for those treated
discharges which are in excess of
20 miles from any food processing
water intake,
public water supply,
or bathing beach.
Petitioners
and the Agency state that the nearest public water supply,
which
serves Evansville,
Illinois,
is
located in excess of
25 miles down-
stream from Petitioners’ discharge.
The Board therefore assumes
that Petitioners would be exempt from the fecal coliform limitation
if the regulatory proposal
is accepted.
Also,
the Board notes that,
since the fecal coliform samples submitted by the Agency were taken
at Evansville,
these levels might not be due to Petitioners’ effluent.
Petitioners estimate that it would cost approximately $5,000
to install the necessary chlorination equipment, and an additional
$125 per month to operate and maintain it.
(But see the Board’s
Opinion and Order of October
30,
1980 in R78—8,
indicating that
this estimate may be high.)
They add that since there is only
limited space on the top of the lagoon berm,
land acquisition will
impose additional costs.
Petitioners explain that the income of
Timberlake residents is generally in the low and fixed income range,
and that the subdivision
is currently in the process of upgrading
its public water
supply.
Petitioners therefore argue that it would
be arbitrary or unreasonable to require immediate installation of
chlorination equipment, since scarce funds would be diverted from
potable water improvement to effluent improvement
(Pet.
2—3).
The Agency agrees that immediate compliance would impose an
unreasonable hardship.
However,
it advises the Board that,
in
addition to the lack of Discharge Monitoring Reports, the Timber-
lake plant is currently being operated by an operator who is not
certified.
Variance from Rule 405 is nevertheless recommended,
provided that variance is conditioned on correction of these two
deficiencies.
The Board finds that denial of variance would impose an arbitrary
or unreasonable hardship on Petitioners.
While the Board acknowledges
Petitioners’ economic priority problems as between improvement of
potable water and wastewater treatment systems, we must require
that the reporting and certified operator requirements be met as
conditions
for variance from Rule 405.
Downstream users must be
afforded the protection these requirements provide.
Variance will
be granted for a period of two years, or until the Board reaches
a decision in
a final Order in the proposed rule change in R77—12,
Docket D, whichever occurs first,
subject to earlier termination
if the petitioner fails to comply with the conditions outlined in
the attached Order.
This Opinion constitutes the Board’s findings of
fact and
conclusions of
law in this matter.
3
ORDER
1.
Petitioners,
G.R.R.
Investment Co.
and Timberlake Mobile
Home Subdivision Homeowners Association, are hereby granted variance
from the fecal coliform limitation
of Rule 405 of Chapter
3:
Water
Pollution,
for
a period of two years from the date of this Order,
or until the Board reaches
a decision in a final Order
in the
proposed rule change ‘in R77—12, Docket D, whichever occurs first,
subject to the following conditions:
a)
Not later than March 31,
1981,
Petitioners shall either
a)
obtain the services of
a properly certified sewage treatment
plant operator, and shall
so certify to the Agency at the address
in paragraph
4, below, or b) petition the Board for variance from
the certified operator requirement.
b)
Petitioners shall promptly comply with the requirements
to submit Discharge Monitoring Reports according to the schedule
contained
in their NPDES permit.
c)
Petitioners shall operate their sewage treatment plant
so
as to minimize excursions from effluent limitations.
d)
Within forty—five days of the date of this Order,
Petitioners
shall execute and forward to the Illinois Environmental
Protection Agency, Division of water Pollution Control, Variance
Unit,
2200 Churchill Road,
Springfield,
Illinois
62706,
a Certificate
of Acceptance and Agreement to be bound to all terms and conditions
of this variance.
This forty—five day period shall be held in
abeyance for any period this matter is being appealed.
The form of
the certificate shall be as follows:
CERTIFICATION
I,
(We),
—,
having read
the Opinion and Order of the Illinois Pollution Control Board
in
PCB 80—130,
dated
_______________,
understand and accept the said
Opinion and Order, realizing that such acceptance renders all terms
and conditions thereto binding
and enforceable.
Petitioner
_________________________
Authorized Agent
,
,
,
Title
Date
2.
The Agency is directed to modify petitioners’ NPDES
permit consistent with this Order.
4
IT
IS SO ORDERED.
Mr.
Durnelle dissented.
1, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board,
hereby ceçtify that the above Opinion and Order
were~fdoPtedon the
~
day of
1980 by
a vote
Christan L. Mof
Clerk
Illinois Polluti n Control Board
