ILLINOIS POLLUTION CONTROL BOARD
    February 22,
    1990
    CITY OF CHARLESTON
    )
    Petitioner,
    v.
    )
    PCB 90-25
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (J. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated February 21,
    1990.
    The recommendation
    refers to a request from Petitioner,
    City of Charleston for a 45
    day provisional variance from the Board’s wastewater effluent
    deoxygenating wastes and NPDES effluent standards rules, asset
    forth in 35 Iii. Adm.
    Code 304.120 and 304.141(a),
    which are
    otherwise applicable to its discharges of excess storm water,
    for
    the period beginning from initiation of the discharge and lasting
    for 45 days.
    Upon receipt of the request, the Agency issued its
    recommendation,
    concluding that due to unforeseen,
    temporary and
    uncontrollable circumstances,
    failure to grant the requested 45—
    day provisional variance,
    with conditions, would impose an
    arbitrary or unreasonable hardship on Petitioner.
    The City of Charleston operates wastewater treatment
    facilities
    (WWTF)
    that normally discharge tertiary-treated
    effluent to a first order
    stream,
    Casseli Creek, tributary to
    Riley Creek, Kickapoo Creek,
    and the Embarras River.
    The
    limitations of the City’s NPDES permit
    (numbered IL0021644)
    are
    10 mg/i biochemical oxygen demand
    (BaD5)
    and
    12 mg/i suspended
    solids
    (TSS)
    (monthly averages).
    The WWTF has experienced
    several unexpected difficulties
    in unrelated incidents over the
    past four to six weeks:
    a mechanical
    failure of
    a sand filter
    cell
    (January 6,
    1990)
    ,
    VFD pump problems, and recent heavy rains
    and snow melt.
    These result
    in diminished WWTF treatment
    capacity,
    an increased amount of
    WWTF
    influent,
    and an increase
    in the frequency of pumping to the storm water lagoons.
    Those
    stormwater
    lagoons, although designed for reintroduction of
    excess flows back to the
    WWTF
    for treatment and not for discharge
    to the stream,
    are presently full and at the point of overflowing
    their berms.
    Influent flows to the
    WWTF
    are presently beyond the
    hydraulic capacity of the plant,
    resulting
    in an overflow through
    an emergency manhole.
    lOS—239

    The City desires to operate
    a siphon tube from the lagoons
    for a period of
    45 days to reduce the volume of wastewater they
    contain.
    To accomplish this, the City proposes mixing the
    siphoned untreated effluent with treated plant effluent,
    chlorinating the combined effluent,
    and discharging the
    chlorinated mixture to the stream.
    The City estimates that the
    combined effluent would contain 20 mg/i BOD5 and 24 mg/l TSS.
    The Agency has determined that a denial of the requested
    provisional variance would result in an arbitrary and
    unreasonable hardship on the City.
    It would result in increased
    wastewater flows
    to the WWTF beyond its hydraulic capacity,
    cecreased effluent quality,
    and prolonged non—compliance once
    influent flows return to normal.
    The Agency believes that the
    environmental impact on the receiving stream will be minimal.
    The Agency does not believe that there would be any adverse
    impact on the City of Newton public water supply, which
    is 40 to
    45 miles downstream.
    The Agency is unaware of any federal
    regulations that would preclude
    a grant
    of therequested relief.
    The Agency recommends that the Board should grant the proviEional
    variance with certain conditions relating to plant operation,
    the
    duration of the variance,
    the combined WWTF effluent quality,
    and
    effluent monitoring.
    Having received the Agency Recommendation,
    the Board hereby
    grants a provisional variance from 35
    Ill. Adm.
    Code
    304.120 and
    304.141(a)
    subject to the following conditions:
    1.
    The term of this provisional variance shall
    commence upon initiation of the discharge and
    continue for
    45 days thereafter;
    2.
    During the term of this provisional variance,
    the City of Charleston’s effluent
    is limited
    to
    a maximum monthly average concentration of
    20 mg/i DOD5 and 24 mg/i TSS.
    3.
    During the term of this provisional variance,
    the City of Charleston shall operate its
    wastewater treatment facility
    in
    a manner
    that produces the best practicable effluent
    quality,
    and the City of Charleston shall
    provide complete treatment for all flows as
    soon as such treatment is possible.
    4.
    During the term of this provisional variance,
    the City of Charleston shall monitor its
    combined wastewater treatment plant and
    lagoon effluents for the parameters listed
    in
    NPDES permit 1L0021644 at the point where the
    lagoon discharge and treated plant effluents
    mix prior to discharge to the receiving
    stream.
    inS— 240

    5.
    The City of Charleston shall, within ten days
    of the date of this order,
    forward to the
    Agency an executed copy of the Certificate of
    Acceptance and Agreement,
    as set forth in
    condition
    6,
    addressed as follows:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    P.O.
    BOx 19276
    Springfield, Illinois
    62794—9276
    Attn:
    Patricia Lindsey
    6.
    The City of Charleston shall,
    within ten days
    of the date of this order,
    execute a
    Certificate of Acceptance and Agreement,
    by
    which
    it agrees to be bound by all terms and
    conditions
    of this provisional variance,
    and
    that Certificate shall take the following
    form:
    CERTIFICATE OF ACCEPTANCE AND AGREEMENT
    I
    (We),
    ______
    do hereby ceritfy that
    I have
    reviewed a copy of the Order of the Pollution
    Control Board
    in PCB 90-25, dated February
    22,
    1990,
    and do hereby accept and agree to
    be bound by all terms and conditions
    thereof.
    Petitioner
    Authorized Agent
    Title
    Date
    Section 41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1985 ch 111 1/2 par.
    1041,
    provides for appeal of final Orders of
    the Board within
    35 days.
    The Rules of the Supreme Court of
    Illinois establish filing requirements.
    1flS—2~l

    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certify that the above Order was adopted on this
    -
    day of
    ~
    -
    ,
    1990,
    by a
    voteof
    -
    .
    Dorothy M.
    Gunn, Clerk
    Illinois Pollution Control Board
    108—242

    Back to top