ILLINOIS POLLUTION CONTROL BOARD
April 27, 1989
Bensenville, Village of,
(DuPage County),
Petitioner,
v.
)
PCB 89—74
Illinois Environmental
Protection Agency,
)
Respondent.
Opinion and Order of the Board (by J. Marlin):
This matter comes before the Board upon a recommendation
filed by the Illinois Environmental Protection Agency (“Agency”)
on April 25, 1989, recommending that the Board grant a 45—day
provisional variance to the Village of Bensenville. Bensenville
requests this variance from 35 Ill. Adm. Code 304.141 to allow
time to do necessary repairs on its travelling bridge.
Bensenville owns and operates a two stage activated sludge
treatment facility with a 4.7 mgd DAF. Effluent is discharged to
Addison Creek which discharges into the Des Plaines River which
is tributary to the Illinois River. Bensenville presently is
required by NPDES permit #1L0021849 to meet the following Ammonia
Nitrogen effluent limits:
April through October
1.5 rng/l daily maximum
November through March
4.0 mg/l monthly average
Benseriville has stated that the travelling bridge has
experienced alignment problems due to worn—out rail and
anchors. Bensenville has also stated that when the north travel
bridge experiences difficulty with alignment, the bridge will
shut down and, therefore, prevent solids from returning back to
the aeration tanks. Bensenville has stated that ‘tto complete
necessary repairs, it is necessary to shut the bridge down”.
(Variance Request at 2). The Agency states that it agrees with
this statement.
Bensenville has, indicated to the Agency that it should take
36 days to complete the necessary repairs. The Agency responds
that the variance should be for 45 days or until the repair work
is completed, whichever occurs first, just in case Bensenville
runs into any unforeseen problems.
The Agency states that the environmental impact of this
variance will be minimal due to the short duration of the
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variance and the remaining treatment provided. Bensenville
(Larry Grage, Wastewater Facility Supervisor) has indicated to
the Agency by phone on April 20, 1989, that they will be able to
meet their other NPDES permit limits while the bridge is being
repaired. The Agency’s position is that denial of this
provisional variance petition would create an arbitrary and
unreasonable hardship upon Bensenville as failure to immediately
correct this problem will result in additional damage to
Bensenville’s treatment facility.
The Agency states that there are no federal regulations
which would preclude the granting of this variance and that it is
not aware of any public water supplies which would be adversely
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. kdm. Code 304.141 would impose an arbitrary or
unreasonable hardship upon Bensenville, and the Board concurring
in that notification, will grant Bensenville’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 Bensenville is hereby granted provisional
variance from 35 Ill. Adrn. Code 304.141, subject to the
following conditions:
a. Variance shall commence when the travelling bridge is
taken out of operation and continue for a period of 45 days or
until the repair work is completed, whichever occurs first.
b. Berisenville shall notify Allen Anderson of the Agency’s
Maywood Regional Office via telephone at 312/345—9780 when the
travelling bridge is taken out of operation and when the repair
work is completed. Written confirmation of each notification
shall be sent within 5 days to the address below:
Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Churchill Road
P. 0. Box 19276
Springfield, Illinois 62794—9276
Attention: Dan Ray
c Bensenville’s effluent during this variance shall be
limited to 4.0 ing/l (monthly average) for ammonia nitrogen.
d. Bensenville shall monitor the effluent from its
treatment plant for the parameters as listed in NPDES permit
#IL002l849.
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e. During this provisional variance, Bensenville shall
operate its wastewater treatment facility so as to produce the
best effluent practicable. Additionally, Bensenville shall
perform the necessary replacement work at the plant as
expeditiously as possible so as to minimize the period of time
that the travelling bridge is out of service.
2. Within 10 days of the date of this Order, Bensenville
shall execute and submit a certificate of Acceptance and
Agreement which shall be sent to Dan Ray at the address
indicated above.
This variance shall be void if Petitioner fails to execute
and forward the certificate within 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), village of Bensenville, having read the Order of
the Illinois Pollution Control Board, in PCB 89—74 dated April
27, 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, Ill. Rev.
Stat. 1987 ch. 111 1/2 par. 1041, provides for appeal of Final
Orders of the Board ~within35 days. The Rules of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
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I Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi~ that t~eabove Opinion and Order was
adopted on the .~7(-~-dayof
(4y~L ,
1989, by a vote
of 7-C
.
Doro
Ill
on Control Board
98—308