ILLINOIS POLLUTION CONTROL BOARD
    October 1,
    1992
    DEPARTMENT OF THE AIR
    FORCE,
    SCOTT AIR FORCE
    BASE,
    )
    )
    Petitioner,
    v.
    )
    PCB 92—63
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION
    AND ORDER OF THE BOARD
    (by
    J. Theodore Meyer):
    This
    matter is before the Board on the Department of the Air
    Force, Scott Air Force Base’s (Scott AFB) April 27,
    1992 petition
    for variance.
    Scott AFB seeks a variance from the standards for
    five day biochemical oxygen demand
    (BOD5), total suspended solids
    (TSS),
    fecal coliform, and ammonia nitrogen.
    Those standards are
    found at 35 Ill.Adm.Code 304.105
    (as it relates to 35
    Ill.Adia.Code 302.212),
    304.120,
    304.121, and 304.124.
    Scott AFB
    requests an eight-month variance, from January 1992 to October
    1992,
    to allow it to repair its wastewater treatment plant.
    Scott AFB filed an amended petition on June 4,
    1992.
    On June 5,
    1992, the Illinois Environmental Protection Agency (Agency) filed
    its recommendation, recommending that the requested variance be
    granted with conditions.
    Scott AFB waived hearing, and none was
    held.
    For the following reasons, the Board finds that Scott AFB
    has presented adequate proof that immediate compliance with the
    regulations 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
    Scott AFB, located in St. Clair County, Illinois, has a
    population of 6,749, and an additional 13,000 personnel who
    frequently use base facilities.
    Approximately 11,000 people work
    at the base.
    The nearest community affected by the Scott AFB
    wastewater treatment operation is Mascoutah, Illinois, with a
    population of 5,511.
    (Pet.
    at 3.)
    The base sewage treatment
    system is a trickling filter system comprised of three primary
    clarifiers, two trickling filters, three final clarifiers, and a
    tertiary sand filter.
    Under normal operation, the plant handles
    1.3 MGD, with maximum and minimum capacity of 3.8 MGD and 1.0
    0136-0219

    2
    MGD.
    (Pet. at 3.)
    The plant has two outfalls which empty into
    tributaries of Silver Creek.
    (Pet. at 4; Agency Rec. at 3.)
    The tertiary filter system became operational in 1971.
    On
    January 27,
    1992, that filter system failed due to corrosive
    environmental conditions, inc1uding~epeatedfreeze-thaw~cyc~s.
    and excessive hydrogen sulfide attack, over an extended period of
    time.
    Scott AFB states “m)ost
    importantly the media had
    exceeded its useful life and tiles crumbled to the point of
    complete failure.”
    (Pet.
    at 4.)
    While repairs to the system are
    taking place, Scott
    AFB
    will, not be able to maintain NPDES permit
    standards when the load is greater than 1.0 MGD.
    (Pet. at 4.)
    COMPLIANCE
    PLM
    Scott
    AFB is undertaking a rehabilitation project to repair
    the system.
    The project is anticipated to last eight months,
    until October 29,
    1992, depending on weather.
    The projected cost
    of the program is $97,000, and the 375th Airlift Wing has
    committed to funding the project.
    (Pet.
    at
    5..)
    After repairs
    are completed, Scott AFB will continue to operate under its
    existing NPDES permit.
    (Agency Rec. at 3.)
    HARDSHIP
    Scott AFB made extensive, but unsuccessful, efforts to
    acquire mobile tertiary filters to provide full treatment
    assistance during the rehabilitation of the system.
    Scott AFB
    also reviewed an option for construction of a retention lagoon,
    but dismissed that option because the time required for such
    construction would “exceed acceptable constraints when compared
    to the estimated time necessary to repair the tertiary filter
    system.
    . .“
    (Pet.
    at 6.)
    Scott
    AFB
    points out that the repair
    project will modernize its wastewater treatment facilities and
    increase the water quality of the effluent.
    During
    reconstruction, the tertiary filter will be inoperative, so that
    it is impossible to maintain the water quality required by Scott
    AFB’s NPDES permit.
    (Pet. at 7.)
    The Agency agrees that to not grant the requested variance
    would impose an arbitrary or unreasonable hardship.
    (Agency Rec.
    at 4.)
    However, the Agency does object to the retroactive grant
    of the variance, noting that the variance petition does not
    indicate why Scott AFB did not apply for the variance at an
    earlier date.
    (Agency Rec. at 3—4.)
    ENVIRONMENTAL IMPACT
    Scott AFB states that to ensure the water quality of each
    water course running through the base,
    it samples and analyzes
    water from thirteen different sites.
    (Pet.
    at 5.)
    During 24
    hour periods when loading on the plant exceeds 1.0 MGD, samples
    0 136-0220

    3
    from the wastewater treatment plant will be drawn three times a
    week.
    Final clarifiers will be recirculated 24 hours a day to
    reduce ammonia concentration, and the installation of a sulfur
    dioxide dechiorization system will eliminate potential risks of
    chlorine discharges.
    (Pet. at 6.)
    Scott
    AFB
    anticipates no
    adverse effects ón~silver ~creekfor~the~duration. t~-the—variance~,
    and knows of no downstream users drawing potable water off Silver
    Creek.
    (Pet. at 5,
    6.)
    The Agency concurs with Scott AFB’s contention that the
    environmental impact on Silver
    Creek
    will be minimal for the
    duration of the variance.
    Additionally, the Agency believes that
    Scott AFB’s monitoring plan will help ensure that there will be
    no adverse effects to human, plant, and animal life supported by
    the stream.
    (Agency Rec. at 4.)
    CONSISTENCY WITh
    FEDERAL LAW
    Both the Agency and Scott AFB state that a grant of the
    requested relief is consistent with federal law.
    (Pet. at 7;
    Agency Rec. at 5.)
    CONCLUSION
    Based upon the record, the Board finds that immediate
    compliance with the standards for BOD5, TSS, fecal coliform, and
    ammonia nitrogen would impose an arbitrary or unreasonable
    hardship on Scott AFB.
    The failure of the tertiary filter system
    was apparently an event beyond Scott AFB’s control, and Scott AFB
    has committed to repairing and improving the system.
    During that
    eight month repair period,
    it will be impossible for Scott AFB to
    comply with its permit limitations when the flow exceeds 1.0 MGD.
    Scott AFB has requested an eight month variance, from
    January 1992 to October 1992.
    As the Agency points out, this
    Board has granted
    a limited number of retroactive variances.
    (See.
    e.g., DM1 v Illinois Environmental Protection Aaencv
    (December 19,
    1991), PCB 90—227.)
    The Agency opposes a
    retroactive variance in this case, stating that the variance
    petition does not explain why Scott AFB could not have applied
    for the variance at an earlier date.
    After considering the
    circumstances of this case,
    the Board will grant a variance
    beginning on April 27, 1992.
    That is the date that the variance
    petition
    was
    originally
    filed
    with
    the Board.
    Although the Board
    ordinarily will only grant variances beginning 120 days after the
    date of filing, the failure of the
    tertiary
    filter
    system
    in
    January 1992 does present unusual circumstances,
    such that
    variance
    could
    not
    have
    been
    applied
    for
    before
    the
    repairs
    were
    required.
    However, as the Agency points out, Scott
    AFB
    does
    not
    explain the three month delay
    in filing the petition after the
    system
    failed.
    Thus,
    the
    variance
    granted
    today
    will
    begin
    on
    0136-0221

    4
    April 27,
    1992,
    and expire on October 27,
    1992.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    The Department of the Air Force, Scott Air Force Base (Scott
    AFB),
    is hereby granted a variance from 35 Ill.Adm.Code 304 .105
    (as it relates to 35 Ill.Adm.Code 302.212),
    304.120, 304.121, and
    304.124, as those sections relate to BOD5,
    TSS, fecal coliform,
    and ammonia nitrogen.
    The variance is subject to the following
    conditions:
    1.
    The variance begins on April 27,
    1992,
    and shall expire on
    October 27, 1992,
    or upon completion of the repair of the
    tertiary filter system, whichever occurs first.
    2.
    Scott AFB shall meet the following effluent limits during
    the term of the variance:
    a.
    When daily and/or monthly average flows are greater
    than 1.0 MGD:
    1.
    BOD5 concentration limits of 20 mg/l monthly
    average and 30 mg/l daily maximum.
    2.
    BOD5 quantity limits of 215 lbs/day monthly
    average and 600 lbs/day daily maximum.
    3.
    TSS concentration limits of 20 mg/l monthly
    average and 36 mg/l daily maximum.
    4.
    TSS quantity limits of 350 lbs/day monthly average
    and 650 lbs/day daily maximum.
    5.
    Fecal coliform limits of 20,000 per 100 ml daily
    maximum.
    6.
    Ammonia nitrogen limits of 4.0 mg/l
    monthly
    average.
    b.
    When daily and/or monthly average flows are less than
    or equal to 1.0 MGD, Scott AFB shall meet the limits in
    its NPDES permit.
    3.
    During the variance, Scott AFB shall operate its wastewater
    treatment facility so as to produce the best effluent
    practicable.
    Additionally, Scott AFB shall perform the
    necessary repair work on the plant as expeditiously as
    possible.
    0136-0222

    5
    4.
    Scott AFB shall report to the Agency’s Collinsville regional
    office by telephone as to when repair work is beginning and
    is completed.
    A written confirmation of the notification
    shall be sent to the following address within five
    (5)
    days:
    Illinois Environmental
    octjn
    A~gency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road, P.O. Box 19276
    Springfield,
    IL
    62794—9276
    Attn:
    Barb Conner
    5.
    Scott AFB shall apply for and receive any applicable permits
    from the Agency prior to beginning construction.
    6.
    Within forty-five days of the date of this order,
    Scott AFE
    shall execute and forward to:
    Charles
    Feinen
    Division of Legal Counsel
    Illinois
    Environmental
    Protection
    Agency
    P.O. Box 19276
    2200 Churchill Road
    Springfield,
    Illinois
    62794—9276
    a certificate of acceptance and agreement to be bound to all
    terms and conditions of the granted variance.
    The 45—day
    period shall be held in abeyance during any period that this
    matter is appealed.
    Failure to execute and forward the
    certificate within 45-days renders this variance void.
    The
    form of certificate is as follows.
    CERTIFICATION
    I
    (We),
    hereby accept and agree to be bound by all terms and conditions
    of the Pollution Control Board’s October
    1,
    1992 order in PCB 92-
    63.
    Petitioner
    Authorized Agent
    Title
    0)36-0223

    6
    Date
    IT IS SO ORDKPPD
    Section 41 of the Environmental Protection Act
    (Ill.Rev.Stat.
    1991,
    ch. 111½
    ,
    par. 1041) provides for the
    appeal of final Board orders.
    The Rules of the Supreme Court of
    Illinois establish filing requirements.
    (But see also 35
    Ill.Adm.Code 101.246 “Motions for Reconsideration” and.Castenada
    v. Illinois Human Rights Commission
    (1989),
    132 Ill.2d 304, 547
    N.E.2d 437.)
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov~o inion and order was
    adopted on the
    /M
    day of
    _______________,
    1992, by a vote
    of
    7—0
    .
    Control Board
    0I36-022t~

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