ILLINOIS POLLUTION CONTROL

BOARD

December 13, 1979

CITY OF QUINCY,

Petitioner,

v.

PCB 79—202

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Goodman):

On

September

27,

1979

the

City

of

Quincy

petitioned

for

a

partial

extension

of

a prior variance from Rules 403, 404(a)

and 408(a) of Chapter

3:

Water Pollution Control Rules and

Regulations

(Water

Rules).

The Agency has

recommended

that

a

variance

be granted.

Petitioner waived its right to a hearing.

Petitioner has been operating a water sludge disposal

system pursuant to an NPDES permit and

a. Board

variance.

The

variance allowed sludge waste consisting of sand, alum,

lime,

and silt to be discharged without treatment through an outfall

($002) into the Mississippi River when operational difficult-

ies prevented wastes from being stored in a holding tank.

Discharges through outfall $002 exceeding Petitioner’s NPDES

permit limitations for BOD5, total suspended solids~(TSS), and

pH content were allowed by Board variances until October 1,

1979.

Petitioner requests that the variances be extended to

November 1, 1980.

Petitioner has spent nearly $1.4 million to construct a

water sludge treatment facility which would assure NPDES per-

mit compliance.

Petitioner, however, has encountered unfore-

seen difficulties with sludge removal from its raw water

sett~ingbasin.

Excessive amounts of sand, silt and debris

from the Mississippi River have impeded sludge flow through

existing sludge transfer pipes; consequently, pumpihg opera-

tions have been periodically suspended since sludge plant

operation began in May of 1979.

A basket strainer has been

installed in th~section line of the sludge pumps in an

attempt to eliminate blockage of the

pumps

impellers; however,

future modification or eventual replacement of the sludge

transfer pumps may be necessary to assure unimpeded sludge

removal from the settling basin.

37—25

---

—2—.

Petitioner’s only alternative to periodic sludge diver-

sion through outfall *002 is to discharge sludge directly into

existing

sanitary

sewers

to

the

new sewage treatment plant.

However,

this

procedure

would

allow

a

high

concentration

of

suspended

solids

to

create

a

blockage

in

the

system

and

would

adversely

affect

the

anaerobic digestors and the activated

sludge system.

Although discharge monitoring reports are required of

Petitioner once every six months, the Agency has not received

any reliable data on the incidence of sludge discharges

through outlet *002 since May 14,

1979, which was after the

sludge disposal facility had become operational.

The Agency,

however, does not contest Petitioner’s allegation that the

discharges will have an insignificant effect on the aquatic,

plant and

human

life that utilize the Mississippi River.

Considering the minimal impact

on

the

environment,

the

absence of a feasible alternative solution, and Petitioner’s

past good faith efforts to achieve compliance, the Board finds

that denialS of the requested variance would constitute an

arbitrary

and

unreasonable

hardship

upon

Petitioner.

Since

the

Agency .has

no

evidence

that

sludge

pump

modification

has

begun, it recommends that the variance be granted until

January 1, 1981, as opposed to November 1,

1980.

However, in

order to insure completion of Petitioner’s proposed corrective

activity within the variance period, the Board extends the

variance to March 1,

1981.

This Opinion constitutes the findings of fact and conclu-

sions of law of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1)

The Board hereby grants the City of Quincy a variance

from the total suspended solids, BODç and pH require-

ments of Rules 403,

404(a) and 408(a) of Chapter

3:

Water Pollution for its water treatment plant sludge

discharges into the Mississippi River from outfall *002

until March

1,

1981, subject to the following conditions:

(a)

Petitioner shall apply for and receive from the

Illinois Environmental Protection Agency all permits

necessary to the completion of the sludge disposal

project which it set forth in its petition.

(b)

Within 45 days of the date of this Order, Petitioner

shall execute a Certification of Acceptance and

Agreement to be bound by the terms and conditions

of this variance.

The 45 day period shall be held

37—26

---

in abeyance if this matter is appealeth

The Cer~-

tification

shall be forwarded to the Illinois

Envi~ronmentalProtection Agency, Division of Public

Water Supplies,

2200 Churchill Road,

Springfield,

Illinois

62706 and shall read as follows:

CERTIFICATION

I

(We), ______________________________,

having read

and fully understanding the Order in PCB 79—202,

hereby accept

said Order and agree to be bound by all

of its terms

and

conditions

SIGNED

TITLE

DATE

2)

The

7~tgency is

hereby

granted

authority

to

modify

NPDES

Permit No~ 1L0037591

in a manner consistent with the

terms of this Order,

3)

The Agency~smotion for leave

to file its Recommendation

four days late is hereby granted,

I, Christan L, Moffett,

Cleric of the Illinois Pollution

Control Board,

b~ere)by certify the~above9pinion and Order were

adopted oq the

j~

day of

~,

1979

by

a

vote of

~

Illinois

Pollution

37~-27