I. TI 1 NOT ~ POT 

I

ON CON TROL BOA ITt)

r’1~ty

15,

1980

I)J:lRY

~1i:~”~’l~

TIll

LI

TY COMI)ANV,

P~’L I.

I oner

v.

)

PCB 80—43

1tLLINOI S ENVI RONNENTAL PROTRCTI ON

)

AGENCY,

Respondent.

OPINION AND OBDER OF

THE

BOARD (by Pir. Dumeilo):

Petitioner has requested an extension of its variance

granted in PCR 77—153 from Chapter 3 of the T3oard~s 

Water

Pollution

Rules

including Rules 404(f) as it relates to five—day biochemical

oxygen demand

(

BOE)~

)

and suspended sol jds

203

(

d

)

as it applies

to

cii

ssolved oxyqei~

902(i) (1) 

it:

it: appi it’s t:o NPDEB

Permit: renew~i

r(’rc’cplisi I~’s 

dud 91

0(~i)(4) 

dud 910(b)

thoy apply

to

terms and

cond

i  I; 

ions

ol

NPDRS

permit: o 

Tlic Agency

his recommended that 

var

i

ance be

qranted 

suhiect: to cond~t ions.

IJearing

was

waived.

Petitioner

is a privately owned utility

company, located

in Will County, operating a 

0,6

IIGD 

wastewater treatment plant

serving approximately 1,000 customers. Presently, its treatment

plant employs the activated sludge process with tertiary filtration.

Two—stage aeration and denitrification tanks, as well as an aerobic

digester, sludge drying beds, a tertiary sand filter and a post

aeration basin are utilized prior to discharge in Long Run Creek.

In PCB 77—153, Petitioner had been granted a variance from

Rule 404(f) permitting a discharge of 10 mg/i ROD5 and 12 mg/i

suspended solids. That variance expired September 15, 1979, with

limits of 4 mg/i BOD~and 5 mg/i suspended solids now being required

by Petitioner~s NPDE~ Permit No. 1L0045993.

Petitioner relies on Village of i3loomingdale V. EPA PCB 78—124,

31 PCB 125, October 19, 1978 in seeking its variance extension

contending that had Petitioner not had an existing variance under

PCB 77—153, it would have been joined as a party. Petitioner has

indicated that it is able to meet the 10 mg/l BOD5 and 12 mg/i

suspended solids limitations which were applied to the majority of

discharqers in ~~ind~e.    

Petitioner also states that the

discharge from this system will have no negative impact upon the

receiving streams. Also to be noted is the Agency~s proposed

amendment to Rule 404(f) of Chapter 3, Docket C, R77—12, to

eliminate the 4 mg/i BOD~and 5 mg/i suspended solids limitation

in favor of a 10 mg/I an~12 mg/i standard. Board action is pending.

—2—

Without: 

lie variance extension, it is claimed that the Petitioner

ill

suffer substan~Ia 

hardship by subjecting it to penalties for

ía

i lure 

1:0 comply with an unusually strict

standard.

These penalties

would he imposed despite Petitioner~s excellent performance in 

the

past: as shown by its discharge monitoring reports and the installation

of a

new

treatment facility at a cost of $1.5 million.

Plant and

service

area expansion would 

he halted since plant permits could not

issued 

by the Agency as long as Petitioner

is subject to the 4/5

standard.

The

Board 

concludes that denial of a variance would constitute

arbitrary

and

unreasonable hardship.

The

relief sought by Petitioner

is essentially the sane as the

relief granted by the Board in

flloornin~da1e. The

reasoning in that case riust be employed in this

matt:er to avoid

inequitable results. Relief will 

he granted from

Rules 203(d), 402,

and from Rules 902(i)(1), 910(a)(4) and 910(b)

so that

the

Agency may issue a

NPDES 

permit to Petitioner.

Rather

than grant relief for five years as Petitioner has requested, the

Board will limit the variance to the same terms as Bloomin~dale for

consistency.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1)  Derby Meadows Utility Company is hereby granted an

extension of its previous variance from Rules 203(d)

and 402 (as it pertains to dissolved oxygen), 902(i)(1),

910(a) (4) and 910(b) of Chapter 3: Water Pollution, until

October 19, 1983.

2)  Petitioner is hereby granted an extension of its previous

variance from Rule 404(f) of Chapter 3: Water Pollution

until October 19, 1983 or until the Board takes final action

in P77—12, Docket C, whichever occurs first.

3)  During the period of this variance the discharge of treated

sewage from Petitioner’s facilities shall be limited to

10 mg/i

BOD5 and 

12 mg/i

suspended solids as 30—day averages.

4)

The Agency is hereby authorized

to issue an NPDES permit to

Petitioner in a manner consistent with the terms of this

Order.

5)  Within 45 days of the date of this Order, Petitioner

shall execute a Certification of Acceptance and

—3—

agreement to 

hound 

by all the terms and conditions

of this

variance. The Certification shall 

forwarded

the Illinois Environmental Protection Agency,

Division of Water Pollution Control, Variance Section,

2200 Churchill Road, Springfield, Illinois 62706, This

45 day period shall he held ~inabeyance if this matter

is appealed, The form of the Certification shall read

as follows:

CFPTIFICATTON

I, (tIe),

having read and

fully understandinci 

the Order in PCB 80—43

hereby accept that Order and agree to be hound by all of its

terms and conditions.

IT IS SO ORDERED

SIGNED

TI TLE

1)ATE

t, Christan L. Moffett, Clerk

Control Board, herchy,~,~rtify that:

was adopted on the /~1~day of

1

98 0, by

a vote o f~~O

_____

the Illinois Pollution

t:he above Opinion and Order

~ohA;~erk

Illinois Pollution ntrol Board