ILLINOIS POLLUTION CONTROL BOARD
    May 11, 1989
    CITY OF BYRON,
    )
    (Ogle County),
    )
    Petitioner,
    v.
    )
    PCB 89—80
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    OPINIO~’1AND ORDER OF THE BOARD (by 3. Marlin):
    This matter comes before the Board upon a recommendation
    filed by the Illinois Environmental Protection Agency (“Agency”)
    on May 10, 1989, recommending that the Board grant a 45-day
    provisional variance to the City of Byron. Byron requests this
    variance from 35 Ill. Adm. Code 304.141 to allow time to do
    repair work on its final clarifier.
    Byron owns and operates a wastewater treatment plant which
    consists of a bar rake, grit chamber, preaeration tank, primary
    clarifier, contact stabilization activated sludge, disinfection,
    aerobic digestion, solar vacuum filtration, sludge drying beds,
    and sludge storage bins. The treatment facilities serve a
    community of approximately 2000 people. Effluent is discharged
    to the Rock River. Byron presently is required by its NPDES
    Permit UL0027804 to meet effluent limitations of 30 mg/i for
    both five day biochemical oxygen demand (“B0D71) and Suspended
    Solids (“SS”), (monthly avg., concentration limits). Byron is
    requesting limits of 45 mg/i for BOD and 60 mg/i for SS (monthly
    avg., concentration limits).
    According to the Agency, during the spring of 1988, Byron
    completed work on a new secondary clarifier. Since the
    installation of the clarifier, the clarifier’s surface skimmer
    skum mechanism has not worked properly. Stainless steel hinges
    which hold the skimmer in place keep breaking. This causes the
    bolts on the hinges to scrape against the side walls of the
    clarifier. This constant scraping of the broken hinges have
    rubbed the protective paint off the clarifier and has exposed
    bare metal.
    Byron has stated that a “provisional variance is needed to
    make repairs to the final clarifier scum mechanism and to repaint
    damaged paint surfaces.” (Variance request at 1). Mr. Andy
    ~3ackson (plant operator) informed the T-~gencyby phone on May 9,
    1989, that Byron wants to install rubber hinges on the skimmer to
    99—47

    —2—
    Byron has indicated to the Agency that it should take 30
    days to complete the necessary repairs. The Agency, however,
    feels that the variance should be for 45 days or until the repair
    work is completed, whichever occurs first, just in case Byron
    runs into any unforeseen problems.
    The Agency states that it agrees with Byron that the
    environmental impact of this variance will be minimal. The
    Agency bases their decision on the fact that the variance will be
    of short duration, the remaining treatment which will be
    provided, and the large dilution factor of the Rock River.
    According to the Agency, there are no federal regulations which
    would preclude the granting of this variance. The Agency states
    that it is not aware of any public water supplies which would be
    adversely affected by granting this provisional variance.
    Finally, the Agency concludes that denial of this provisional
    variance petition would create an arbitrary and unreasonable
    hardship upon Byron as failure to immediately correct this
    problem will result in additional damage to Byron’s treatment
    facility.
    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 Byron, and the Board concurring in
    that notification, will grant Byron’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 City of Byron is hereby granted provisional variance
    from 35 Ill. Adm. Code 304.141, subject to the following
    conditions:
    a. This variance shall commence when the final
    clarifier is taken out of operation and continue for a
    period of 45 days or until the repair work is completed,
    whichever occurs first.
    b. Byron shall notify Joe Subsits of the Agency’s
    Rockford Regional Office via telephone at 815/987—7755 when
    the final clarifier is taken out of operation and when the
    repair work is completed. ;~ritten confirmation of each
    notification shall be sent within 5 days to the address
    below:
    99—48

    —3—
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    P. 0. Box 19276
    Springfield, Illinois 62794—9276
    Attention: Mark T. Books
    c. Byron’s effluent during this variance shall be
    limited to 45 mg/i BOD and 60 mg/i SS (both monthly
    average, concentration limits).
    d. Byron shall monitor the effluent from its
    treatment plant for the parameters as listed in NPDES
    Permit #IL0027904.
    e. During this provisional variance, Byron shall
    operate its wastewater treatment facility so as to produce
    the best effluent practicable. Additionally, Byron shall
    perform the necessary replacement work at the plant as
    expeditiously as possible so as to minimize the period of
    time that the final clarifier is out of service.
    2. Within 10 days of the date of this Order, Byron shall
    execute and submit 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 Byron fails to execute and
    forward the certificate within a forty—five day period. The
    forty—five 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), City of Byron, having read the Order of the
    Illinois Pollution Control Board, in P08 89—80, dated May 11,
    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
    Section 41 of the Environmental Protection Act, Eli. 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.
    9 9—49

    —4—
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    //~
    day of
    _______________,
    1989, by a vote
    of
    7—~ .
    Dorothy M. çhI/tn, Clerk,
    Illinois Po~l’ution Control Board
    99—50

    Back to top