ILLINOIS POLLUTION CONTROL BOARD
January 20,
1994
CITIZENS UTILITIES COMPANY
)
OF ILLINOIS,
Petitioner,
v.
)
PCB 85—95
)
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
OPINION
AND ORDER OF THE BOARD
(by C.A. Manning):
This matter comes before the Board pursuant to a remand by the
Appellate Court of Illinois, Third District.
On October
1,
1992,
the Appellate Court entered a final “not to be published” opinion
and
order
in
case
No.
3-91-0973
(“Citizens
IV”).
The mandate
issued on October 26, 1992.
The Appellate Court affirmed in part,
vacated in part and remanded this Board’s final opinions and orders
of October 24, 1991 and December 6,
1991. Accordingly, pursuant to
the mandate of the Appellate Court, we grant the following relief:
Citizens Utilities Company is hereby granted a variance
consistent with the Appellate Court’s final opinions and
orders
in
the
following
two
decisions:
Citizens
Utilities
Company
of
Illinois
v.
Illinois
Pollution
Control Board. Illinois Environmental Protection Agency
and the Village of Bolingbrook,
(October
1,
1992)
No. 3—
91—0973
(“Citizens
IV”),
Third
District
and
Citizens
Utilities
Company
of
Illinois
v.
Illinois
Pollution
Control Board,
(3rd Dist.
1991)
213 Ill.App.3d 864,
572
N.E.2d 373
(“Citizens III”).
ORDER
Citizens Utilities Company of Illinois is granted a variance
from 35 Ill.
Adin. Code 302.206, 304.120(c),
304.301, and 304.105,
only as it applies to the ammonia nitrogen water quality standard
of 35 Ill.
Adm. Code 302.212, subject to the following conditions:
1.
The initial phase of this variance became effective on July 2,
1985 and expired on July 2,
1990.
2.
The Board
hereby
grants
a variance extension which
became
effective on July
3,
1990
and which shall expire on July
2,
1995.
2
3.
Pursuant to
the Appellate Court’s mandate
in Citizens
IV,
Citizens Utilities Company shall be entitled to an automatic
extension of the variance beyond July
2,
1995
in the event
that the relief sought by Citizens Utilities Company in R81-19
is denied by the Board.
Such extension shall be for a period
of three years beyond the date of the Board’s final opinion
and order in R81-19.
(Citizens IV, Slip Op.
at 6-7.)
Should
the automatic extension become necessary, Citizens Utilities
Company shall file a request that such extension issue on or
before May 2, 1995 and indicate whether the full, three-period
will be required.
If the relief in R81-19 is denied, the compliance schedule set
forth
in this Board’s final opinion and order in PCB 78-313,
shall
be extended
in accordance with the Appellate Court’s
mandate in Citizens IV and Citizens III.
The deadlines for
permit application, commencement of work, and compliance with
applicable effluent limitations would be six months, one year,
and three years,
respectively,
after
final adjudication
of
RB1—19.
4.
Pursuant to the Appellate Court’s mandate in Citizens IV,
in
the event that the relief sought in R8l-19
is granted,
this
variance shall expire upon the date R81—19 is to take effect.
5.
Pursuant to the Appellate Court’s mandate in Citizens IV,
in
the event that it is unlikely R81-19 will be resolved on or
before
July
2,
1995,
Citizens Utilities
Company
shall
be
entitled to an
automatic
extension
of the
variance.
Such
extension shall
also be available
in five year increments.
Should
an
automatic
extension under
this paragraph
become
necessary,
Citizens Utilities Company
shall file
a
request
that
such
extension
issue
on
or before May
2,
1995,
and
indicate the time period requested for the variance extension.
6.
This variance applies to effluent discharges from Petitioner’s
West Suburban Waste Water Treatment Plant No.
1
(“WSB Plant
No.
1”)
located
at the
intersection of Glengary Drive
and
Briarcliff Road in the Village of Bolingbrook.
7.
Petitioner
shall
meet
the
following
interim
effluent
limitations for five day biochemical oxygen demand
(“BOD5g1),
total suspended solids
(“TSS”), and ammonia nitrogen measured
as N.
Flow-weighted
Daily Composite
Monthly Average
(Maximum)
BOD5
20 mg/i
40 mg/i
TSS
25 mg/i
50 mg/i
Ammonia Nitrogen
15 mg/i
30 mg/i
3
8.
Petitioner shall assure that Lily Cache Creek, for a distance
of eight miles downstream of the point
of discharge of WSB
Plant
No.
1,
meets
a
water
quality
standard
for
ammonia
nitrogen of no greater than 15 milligrams per liter (“mg/L”).
9.
Petitioner shall assure that Lily Cache Creek, for a distance
of eight miles downstream of the point
of discharge of WSB
Plant No.
1, shall meet a water quality standard for dissolved
oxygen of no less than
4 mg/L.
10.
Petitioner
shall
be
exempt
from
the
ammonia nitrogen
and
dissolved oxygen water quality standards when creek flow is
less than 4.9 million
liters
per day
or
2
cubic
feet per
second
(“cfs”).
11.
Petitioner shall operate WSB Plant No.
1 in such a manner as
to minimize the total
quantities of
BOD5,
TSS,
and ammonia
nitrogen discharged,
consistent with applicable NPDES permit
and variance effluent limitations.
12.
Petitioner shall on a continuous basis monitor the flow that
is diverted from WSB Plant No.
1 to the polishing pond and the
flow diverted to WSB Plant No.
2.
Petitioner shall keep
in
operating condition flow meters
necessary to perform
this
monitoring.
Records of these flows shall be maintained
for
the period of this variance.
Flow results shall be submitted
to the Agency
on
a monthly
basis
at the same time as and
together with the discharge monitoring reports required by its
NPDES permit.
13.
The
Agency,
pursuant
to
35
Ill.
Adm.
Code
309.184,
shall
modify NPDES permit 1L0032727 consistent with the conditions
set forth in this Order.
14.
Within forty-five days of the date of this Order,
Petitioner
shall
execute
and
forward
to
the
Illinois
Environmental
Protection Agency,
Compliance Assurance Section, Division of
Water
Pollution Control,
2200 Churchill
Road,
Springfield,
Illinois
62794—9276,
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:
4
CERTIFICATION
I,
(We),
,
having read
the Pollution Control Board Final Opinion and Order of January 20,
1994,
in PCB 85-95 which was issued upon remand from the Appellate
Court,
Third District
(October
1,
1992)
in Case No.
3—91—0973,
hereby voluntarily
agree
to
be
bound
by
all
of
its
terms
and
conditions.
________________________________
SIGNED
______________________________
TITLE
________________________________
DATE
IT IS SO ORDERED.
Board Member R.C. Flemal abstained.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, her~bycertify th
the above opinion and order was adopted
on the
&~-~-
day of
,
,
1994, by a
vote of i~O.
/~
Dorothy M.
9t~(nn, Clerk
Illinois Pol~itionControl Board