ILLINOIS POLLUTION CONTROL BOARD
    April 20,
    1995
    GLENBARD WASTEWATER AUTHORITY,
    Petitioner,
    V.
    )
    PCB 95—49
    (Variance
    Water, NPDES)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by E.
    Dunham):
    This matter comes before the Board on Glenbard Wastewater
    Authority’s
    (Glenbard)
    February 9,
    1995 petition for variance.
    Glenbard seeks a variance from the effluent limit for total
    suspended solids
    (TSS).
    The limit for TSS is found at 35 Ill.
    Adin. Code
    304.124.
    A limit for TSS is also contained in the
    NPDES permit issued to Glenbard.
    Glenbard requests a six-month
    variance to allow reconstruction of the wastewater filter system.
    On March 20,
    1995, the Illinois Environmental Protection Agency
    (Agency) filed its recommendation,
    recommending that the
    requested variance be granted with conditions.
    Glenbard waived
    hearing and none was held.
    The Board’s responsibility in this matter arises from the
    Environmental Protection Act
    (Act)
    (415 ILCS 5/1 et seq.
    (1992)).
    The Board is charged therein with the responsibility to “grant
    individual variances beyond the limitations prescribed in this
    Act, whenever it is found upon presentation of adequate proof,
    that compliance with any rule or regulation, requirement or order
    of the Board would impose an arbitrary or unreasonable hardshipt1.
    (415 ILCS 5/35(a)
    (1992).)
    More generally,
    the Board’s
    responsibility in this matter is based on the system of checks
    and balances integral to Illinois environmental governance: the
    Board is charged with the rulemaking and principal adjudicatory
    functions,
    and the Agency is responsible for carrying out the
    principal administrative duties.
    The Board finds that Glenbard has presented adequate proof
    that immediate compliance with the regulation involved would
    result in the imposition of an arbitrary or unreasonable
    hardship.
    Therefore, the variance
    is granted, subject to the
    conditions set forth in the order below.
    BACKGROUND
    Glenbard is a joint agency of the Villages of Glen Ellyn and
    Lombard in Du Page County,
    Illinois.
    (Pet.
    at 2.)
    Glenbard
    operates a sewage treatment plant for the treatment of domestic
    and industrial wastewater.
    (Pet.
    at 2.)
    The plant
    is located in

    2
    Glen Ellyn and employs 33 people.
    (Pet.
    at 2.)
    The plant has
    operated continuously since December 10,
    1974.
    (Pet. at 2.)
    The
    plant has a design average flow of 16.02 MGD and a design maximum
    flow of 47.0 MGD.
    (Pet.
    at
    2..)
    The plant currently discharges
    approximately 12 MGD into the East Branch of the Du Page River.
    (Pet. at 2.)
    The plant uses sand filters and an underlying clear well for
    filtration of effluent to attain pertinent NPDES permit limits
    for suspended solids.
    (Pet.
    at 2.)
    The sand filters consist of
    ten 18 ft. x 37
    ft. x 10
    ft. deep steel structures with 10 inches
    of sand media.
    (Pet.at 4.)
    Glenbard’s NPDES permit contains the
    following limits for TSS:
    LOAD LIMITS lbs/day
    CONCENTRATION
    DAF
    (DMF)
    LIMITS MG/i
    PARAMETER
    MONTHLY
    DAILY
    MONTHLY
    DAILY
    AVG.
    MAX
    AVG.
    MAX
    TSS
    1,603
    3,206
    12
    24
    (4,704)
    (9,407)
    The limits of the NPDES permit are more restrictive than those
    specified in Section 304.124.
    (Pet.
    at 2.)
    The sand filters at
    the plant are beginning to fail and are in need of extensive
    reconstruction or replacement.
    (Pet.
    at 2.)
    Glenbard has
    determined that the most cost effective means of repair is to
    replace the existing filters housed in steel with new filters
    housed in concrete.
    (Pet. at 2.)
    Under this plan the existing
    clear well would be abandoned and its function replaced with a
    newly installed ultraviolet light disinfection chamber.
    (Pet.
    at
    2.)
    During the removal and replacement of the sand filters, the
    plant’s effluent would not be filtered.
    (Pet.
    at 3.)
    Petitioner
    anticipates that the filtration system would be bypassed for up
    to six months.
    (Pet.
    at 3.)
    COMPLIANCE PLAN
    A variance is a temporary reprieve from compliance with the
    Board’s regulations.
    Compliance is to be sought regardless of
    the hardship which the task of eventual compliance presents an
    individual polluter.
    (Monsanto Co.
    v.
    IPCB
    (1977),
    67 Iil.2d 276,
    367 N.E.2d 684.)
    Accordingly, except in certain special
    circumstances,
    a variance petitioner is required, as a condition
    to grant of variance, to commit to a plan which is reasonably
    calculated to achieve compliance within the term of the variance.
    During the proposed removal and replacement of the sand
    filters, the numerical standard for suspended solids will not be

    3
    met consistently.
    (Pet. at 6.)
    Glenbard will attempt to meet the
    suspended solid standard during the reconstruction period by
    adding polymer to the clarifier.
    (Pet. at 6.)
    However,
    compliance during this period with the suspended solids standard
    cannot be assured even with the addition of polymers.
    (Pet. at
    6.)
    Glenbard has included interim suspended solids discharge
    limitations which can be achieved during the bypass period in the
    petition.
    (Pet.
    at 9.)
    The Agency has included these interim
    limits in the recommendation.
    (Ag. Rec.
    3.)
    After the completion
    of the replacement of the filters, the effluent from the plant
    will meet the suspended solids limitation found
    in Glenbard’s
    NPDES permit.
    HARDSHIP
    In determining whether any variance is to be granted, the
    Act requires the Board to determine whether a petitioner has
    presented adequate proof that immediate compliance with the Board
    regulations at issue would impose an arbitrary or unreasonable
    hardship.
    (415 ILCS 5/35(a)
    (1992).)
    Furthermore, the burden is
    upon the petitioner to show that its claimed hardship outweighs
    the public interest in attaining compliance with regulations
    designed to protect the public.
    (Willowbrook Motel
    v.
    IPCB
    (1985),
    135 Ill. App.3d 343,
    481 N.E.2d 1032.)
    Only with such a
    showing can the claimed hardship rise to the level of arbitrary
    or unreasonable hardship.
    Further deterioration of the sand filters at Glenbard will
    hinder the ability of Glenbard to meet the TSS limits in its
    NPDES permit.
    (Ag. Rec. at 2.)
    The sand filters need to be
    repaired or replaced to prevent further deterioration.
    (Ag. Rec.
    at 2.)
    One way to comply with the applicable suspended solid
    limits during renovation of the sand filters is to construct a
    new filter system separate from the existing system.
    (Pet. at 9.)
    This method would allow Glenbard to remain in compliance with the
    TSS limit.
    (Pet.
    at 9.)
    The petitioner estimates the cost of
    this option at $4,791,144 which
    is more than double the cost of
    the option preferred by Glenbard.
    (Pet.
    at 9.)
    The other
    construction options studied by Glenbard include retrofitting the
    filter components and bypassing the filters during a portion of
    the reconstruction period.
    (Pet. at
    9..)
    The two options differ
    as to the type of components used in the filters.
    One option
    retrofits the filters with Hydroclear Components while the other
    option uses General Filter Components.
    (Table 33 of Pet.)
    Petitioner claims that none of the options would result in an
    adverse environmental impact.
    (Pet.. at 9.)
    Glenbard
    states that the proposed method of retrofitting
    the filters with General Filter Components and bypassing the
    filtration process is the preferred option because this option is
    the most cost effective.
    (Pet. at 9.)
    The bypass of the
    filtration system would occur four months after the start of

    4
    construction and last for a period of six months.
    (Pet.
    at 4.)
    Glenbard will attempt to meet suspended solid standards during
    the bypass period by adding polymer to the final clarifier.
    (Pet.
    at 6.)
    Glenbard intends to begin construction in September of
    1995.
    (Fig.
    1 of Pet.)
    However, approval of Glenbard’s loan
    application and construction permit are pending.
    (Pet.
    at 8.)
    The Agency agrees that this
    is the best option available.
    (Ag.
    Rec. at 2.)
    ENVIRONMENTAL IMPACT
    The suspended solids in the plant’s wastewater flow consist
    primarily of non-volatile, non-biodegradable ash which has no
    biological impact on the receiving waters.
    (Pet.
    at 7.)
    Petitioner claims that an increase in the suspended solids during
    the bypass period will have no significant impact on the quality
    of the receiving water and will not violate the Board’s water
    quality standards during the bypass period.
    (Pet. at 7.)
    The
    Agency agrees that the environmental impact will be minimal.
    (Ag.
    Rec. at 3.)
    CONSISTENCY WITH FEDERAL
    LAW
    Both the Agency and Glenbard state that a grant of the
    requested relief is consistent with federal law.
    (Pet.
    at 10; Ag.
    Rec. at
    3..)
    CONCLUSION
    Based upon the record, the Board finds that immediate
    compliance with the standard for TSS would impose an arbitrary or
    unreasonable hardship on Glenbard.
    The Board finds that the
    granting of the variance from the TSS limit for a six month
    period will not result in an adverse environmental impact on the
    receiving water.
    In addition, Clenbard will be able to return to
    compliance with the TSS limit upon the completion of the
    replacement of the filter housings.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    Glenbard Wastewater Authority is hereby granted a variance
    for its Glen Ellyn wastewater treatment plant from 35 Ill. Adm.
    Code 304.124 and the total suspended solid limit contained in its
    NPDES permit subject to the following conditions:
    a.
    This variance shall begin when the sand filters are removed
    from service and shall continue until the sand filters are
    returned to service or for a period of six months, whichever

    5
    occurs first but no later than September 1,
    1996
    b.
    During the variance period, the effluent discharged shall
    meet the following TSS limits:
    LOAD LIMITS lbs/day
    CONCENTRATION
    DAF
    (DMF)
    LIMITS MG/i
    PARAMETER
    MONTHLY
    DAILY
    MONTHLY
    DAILY
    AVG.
    MAX
    AVG.
    MAX
    TSS
    2,672
    6,012
    20
    45
    (7,840)
    (17,639)
    c.
    During
    the variance period, Glenbard shall operate its
    wastewater treatment facility in such a manner that it will
    produce the best effluent practicable.
    Additionally,
    Glenbard shall perform the necessary repair work on the sand
    filters as expeditiously as possible to minimize the period
    of time that the filters need to be out of service.
    d.
    Glenbard shall notify Maureen Brehmer of the Agency’s
    Maywood office via telephone at
    (708)
    338-7900 when the
    construction phase begins and ends.
    In addition, written
    confirmation of each notification shall be sent within five
    (5) days to the following address:
    Illinois Environmental Protection Agency
    BOW,
    Compliance Assurance Section
    2200 Churchill Road,
    P.
    0. Box 19276
    Springfield,
    Ii
    62794—9276
    Attention:
    Dan Ray
    Within forty-five
    (45) days of the date of the Board’s final
    order, Glenbard shall execute the certificate of acceptance and
    agreement to be bound to all of the terms and conditions of the
    variance
    (see attached).
    This executed agreement shall be
    forwarded to:
    Margaret P. Howard
    Illinois Environmental Protection Agency
    Division of Legal Counsel
    2200 Churchill Road
    ~
    Post Office Box 19276
    Springfield, IL
    62794—9276
    The forty-five
    (45) day period shall be held in abeyance during
    any period that this matter is being appealed.
    Failure to
    execute and forward this certificate in a timely fashion shall
    render the variance null and void.

    6
    CERTIFICATION
    I
    (We),
    ,
    hereby
    accept and agree to be bound by all terms and conditions of the
    Pollution Control Board’s April 20,
    1995 order
    in PCB 95-49.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1992)), provides for appeal of final orders of the Board
    within 35 days of the date of service of this order.
    The Rules
    of the Supreme Court of Illinois establish filing requirements.
    (See also
    35 Ill. Adm.
    Code 101.246, Motion for Reconsideration.)
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion~andoider was
    adopted on the
    ‘~
    day of____________________
    1995,
    by a vote of
    7—C
    ~
    ~:,
    t
    -~
    Dorothy M. pilnn,
    Clerk
    Illinois Pojiution Control Board

    Back to top