ILLINOIS POLLUTION CONTROL BOARD

February 7, 1980

PARK FOREST SOUTH UTILITIES COMPANY,

)

)

Petitioner,

)

V.

PCB79—237

‘I

ENVIRONMENTAL PROTECTION AGENCY,

)

)

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

This matter comes before the Board upon the November

13, 1979 Petition for Renewal of Prior Variance from Rule

402 with respect to dissolved oxygen and Rule 404(f) of

Chapter 3: Water Pollution

•

The Agency has recommended

that the variance be granted subject to conditions. No

hearing was held.

Petitioner is a privately owned utility company which

provides water and sewer services to the Village of Park

Forest South and a portion of the Village of Monee. Its

sewage treatment works consist of a biological treatment

unit of a complete mix activated sludge type with secondary

clarification and a tertiary treatment unit of microstrainers

and dual media filters with chlorination before discharge.

Waste sludge goes to sludge digesters and then to sludge

drying beds. Effluent from the works flows into Deer Creek,

classified as an intermittent stream, which begins 4.2 miles

upstream from the plant, and Deer Lake which is a shallow

lake covering approximately 25 acres. Petitioner’s plant is

located within the portion of Illinois subject to the

areawide waste treatment man~gementplan developed by the

Northeastern Illinois Planning Commission (NIPC) pursuant to

§208 of the Clean Water Act.

37—337

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—2—

The Board granted a variance to Petitioner on July 7,

1977 pursuant to Rule 404 (f) of the Board~sWater

Regulations for its sewage treatment plant discharges to

Deer Creek (PCB 77-103)~, Petitioner was permitted to

discharge effluent at a concentration of 10 mg/i BODç and 12

mg/i suspended solids rather than the 4 mg/i BOD~an~5 mg/i

suspended solids standards. Petitioner has compTied with

the 10/12 standard in its variance from the date of

issuance.

On October 19, 1978, the Board granted to the Village

of Bloomingd.ale and approximately 280 individual parties

within the NIPC area a variance for relief from Board Rules

203 (d), 402 as it applies to dissolved oxygen, 962(a) and

902(i)(1) (See Bloomingdale v, EPA, PCB 78—124). That

variance was similar to Petitioner~sJuly 7, 1977 variance

granted by the Board and Petitioner~s modified NPDES permit

which was consistent with that order. Petitioner would most

likely have been a party included in the Bloomingdale

decision if its previous variance had not been in effect at

the time.

The Board concludes that denial of a variance would

constitute arbitrary or unreasonable hardship. The relief

sought by Petitioner is identical to the relief granted by

the Board in Bloomingdale, The reasoning in that case must

be employed in this matter to avoid inequitable results.

Relief will also be granted from Rules 902 (i) (1), 910 (a)

(4) and 910 (b) so that the Agency may issue a renewed NPDES

permit to Petitioner consistent with the terms and

conditions of the variance relief. Rather than grant relief

for five years as Petitioner has requested, the Board will

limit the variance to the same terms as Bloomingdale for

Co

flS

is tenc y,

This Opinion constitutes the Board~s findings of fact

and conclusions of law in this matter.

ORDER

It is the Order of the Board that:

1), Petitioner is hereby granted a 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,

37—338

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2). Petitioner is hereby granted a variance from Rule 404

(f) of Chapter 3: Water Pollution until October 19,

1983 or until the Board takes final action in R77—12,

Docket C, whichever occurs first.

3). During

the

• 30 day averages.

4). The Agency is hereby authorized to issue a NPDES

permit

to Petitioner in a manner consistent with the terms of

this Order including terms

and

conditions consistent

with best practicable treatment, operation and maintenance

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

shall execute a Certification of acceptance and agreement

to be

bound

by all the terms and conditions of this

variance. The Certification shall be forwarded to the

• Illinois Environmental Protection Agency, Division of

Water Pollution Control, Variance section, 2200 Churchill

Road, Springfield, Illinois 62706. This 45 day period

shall be held in abeyance if this matter is appealed.

CERTIFICATION

I, (We),

,

having

read and fully understanding the Order in PCB 79—237 hereby

accept that Order and agree to be bound by all of its terms

TITLE

37—339

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IT IS SO ORDERED~

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the

abov

were adopted on the

1~’~

day of

______________________

1980 by a vote of

_______________

~

or~er

Illinois Polllution

trol Board

37—340