ILLINOIS POLLUTION CONTROL BOARD
August 10, 1989
VILLAGE OF ST. LIBORY,
Petitioner,
v.
)
PCB 89—125
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDEB OF THE BOARD (by J. Marlin):
This matter comes before the Board upon a recommendation
filed by the Illinois Environmental Protection Agency (“Agency”)
on August 8, 1989 recommending that the Board grant a 45-day
provisional variance to the Village of St. Libory. St. Libory
requests this variance from 35 Iii. Adm. Code 304.141(a) for
biochemical oxygen demand (BOD) and total suspended solids (TSS)
while repair work and upgrading is completed on their lagoon.
St. Libory owns and operates wastewater treatment facilities
which consist of a sewer system and treatment facilities. The
treatment plant consists of a two cell aerated lagoon followed by
a rock filter and effluent chlorination facilities. (Agency Rec.
at 1). Effluent is discharged to the Little Mud Creek, tributary
to the Kaskaskia River.
According to the Agency, St. Libory is presently required by
its NPDES permit to meet effluent limitations of 25 mg/l CBOD and
37 mg/l TSS, both monthly average concentration limits. St.
Libory has stated to the Agency “that numerous times over the
years, these tubes (aeration tubes within the lagoon) which lie
on the bottom have become clogged with sludge, thus severely
impacting the treatment capability of the wastestream treatment
facility.” (Agency Rec. at 1). St. Libory has further stated “to
correct the deficiency in the aeration system, the Village has
elected to install new static tube aerators in the lagoon bottom
to replace the Hinde aeration system.” (Agency Rec. at 2).
St. Libory has stated that during this construction process,
flows will be diverted to one temporary cell which will be
constructed during the repair work, then to the rock filter and
finally will be chlorinated before discharge. St. Libory has
stated that they anticipate “effluent from this modified
treatment process will achieve 80 mg/l BOD and 110 mg/l suspended
solids.” (Agency Rec. at. 1).
102—59
—2—
The Agency states that it concurs with St. Libory’s plan for
correcting the problem. An Agency inspection conducted on
January 20, 1988 recommended that the aeration system be
repaired. The Agency states that failure to repair the lagoon’s
aeration system will allow the plant’s effluent to degrade and
that due to the proposed treatment and the short duration of this
variance, the environmental impact on the Little Mud Creek and
the Kaskaskia River will be minimal.
The Agency states that it agrees with St. Libory that denial
of this provisional variance petition would create an arbitrary
or unreasonable hardship upon St. Libory. The Agency’s position
is based on the fact that this problem will not go away and until
the problem is corrected, St. Libory’s effluent will only get
worse. The Agency also stated that there are no federal
regulations which would preclude the granting of this variance,
and that the Agency is unaware of any public water supplies which
would adversely be affected by granting this provisional
variance.
The Board having received notification from the Agency that
compliance on a short term basis with the effluent limitations
imposed by 35 Ill. Adm. Code 304.141 would impose an arbitrary or
unreasonable hardship upon St. Libory, and the Board concurring
in that notification, will grant St. Libory’s provisional
variance, subject to the conditions suggested by the Agency.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1. The Village of St. Libory is hereby granted provisional
variance from 35 Iii. Adm. Code 304.141(a), subject to the
following conditions:
a. Variance shall begin when the dewatering of the lagoon
is begun and continue for 45 days or until the lagoon is
returned to service, whichever occurs first.
b. During the period of this variance, the effluent
discharged shall be limited to 80 mg/l BOD and 110 mg/l
suspended solids (monthly average, concentration
limits).
c. During the period of this variance, St. Libory shall
continue to chlorinate their effluent. St. Libory shall
monitor their chlorine level daily and ensure that
proper disinfection is being maintained.
d. St. Libory shall notify Chris Port of the Agency’s
Collinsville F~egiona1Office via telephone at 618/346—
5120 when dewateriñg of the lagoon is begun, and when
the unit is returned to service. Written confirmation
102—60
—3—
of each notification shall be submitted within 5 days
to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Churchill Road
P. 0. Box 19276
Springfield, IL 62794—9276
Attention: Mark T. Books
e. St. Libory shall return the lagoon to service as quickly
as possible, and shall provide the best treatment
practicable during the variance.
2. Within 15 days of the date of this Order, St. Libory shall
execute a Certificate of Acceptance and Agreement which shall
be sent to Mark T. Books at the address indicated above.
This variance shall be void if Petitioner fails to execute
and forward the certificate within fifteen day period. The
fifteen day period shall be held in abeyance during any period
that this matter is being appealed. The form of said
Certification shall be as follows:
CERTIFICATION
I, (We), The Village of St. Libory, having read the Order of
the Illinois Pollution Control Board, in PCB 89—125, dated August
10, 1989, understand and accept the said Order, realizing that
such acceptance renders all terms and conditions thereto binding
and enforceable.
Petitioner
By: Authorized Agent
Title
Date
102—6 1
—4—
Section 41 of the Environmental Protection Act, Ill. Rev.
Stat. 1987 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.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the a~oveOpinion and Order was
adopted on the
/O~t?
day of
~fe~rc~s,r
,
1989, by a vote
of
7-O
.
0
4~.
~I?~4.
Dorothy
M Gunn, Clerk
Illinois Pollution Control Board
102—62