ILLINOIS POLLUTION CONTROL BOARD
August 10, 1988
CITY OF HIGHLAND
)
Petitioner,
v.
)
PCB 88—67
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent.
RICHARD E. ATEN, P.E., DIRECTOR OF PUBLIC WORKS, APPEARED ON
BEHALF OF THE PETITIONER;
RICHARD C. WARRINGTON APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD (by
3.
Marlin):
This matter comes before the Board on a Petition for
Variance filed by the City of Highland (Highland) on April 11,
1988. The original Petition requested variance so that Highland
could make some major repairs to its wastewater treatment plant
(WWTP), Subsequent to the original filing, Highland amended its
petition twice. Highland now requests variance so that it can
repaint its two biological treatment units, referred to by
Highland as the Cantex Units. In its May 16, 1988 amendment,
Highland requests Variance from 35 Ill. Adm. Code 304.150,
304.106 and 304.120 (c). The Board notes that Title 35 contains
no Section 304.150.
Section 304.120 (c) imposes the following effluent
limitations on Highland: 10 milligrams per liter (mg/l) monthly
average for biochemical oxygen demand (80D5) and 12 mg/i fr~onthly
average for suspended solids (SS). Highland requests that it be
andsubjectSS duringto
limitsthe ofvariance50 mg/lperiod.for monthly averages for both BOD5
Section 304.106 prohibits offensive discharges.
Highland requests a variance from these provisions for three
months.
Since Highland waived its right to a hearing and no member
of the public filed a timely objection to the variance, no
hearing was held in this matter.
On July 22, 1988, Illinois Environmental Protection Agency
(Agency) filed a motion for leave to file its Recommendation
instanter. That motion is granted. In its Recommendation, the
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Agency recommends that Highland be granted variance, subject to
conditions, from Section 304.120(c) and 304.141 which prohibits
violations of NPDES permit limits.
On July 20, 1988, Highland filed a letter which the Board
construes as a motion for expedited decision. Highland requests
such a decision so that it can take advantage of the recent dry
weather. According to Highland, the dry weather will allow the
painting of the Cantex Units to be conducted more quickly as well
as provide conditions which will enhance treatment capabilities
during the variance period.
Highland, a city of 7,250 persons, owns and operates its
WWTP. The WWTP provides the following treatment: screening; grit
removal; biological treatment consisting of dual Cantex Units,
tertiary filtration by two sand filters, and chlorination. The
WWTP has a desighed average flow of 1.2 million gallons per
day. The effluent is discharged to an unnamed creek which is
tributary to Sugar Creek, which is in turn tributary to the
Kaskaskia River. (Pet.p.2—3; Ag. Rec. p.2)
During the variance period, Highland will route all of its
flow through one Cantex Unit so that the Cantex Unit not being
utilized may be dried, cleaned, and painted. Pitting and cracks
will also be repaired. (The 16th Amend., p.1). Highland claims
that the treatment tanks currently show some paint deterioration
and localized corrosion. Highland asserts that “further delay
will clearly risk more costly repairs and possible breakdown.”
Highland states that there are no practical alternatives to
repainting the Cantex Units. (Id. at 2)
The Agency state that given the length and interim limits of
the requested variance, t’there should be no significant impact on
the stream, if Highland’s requests were granted. However, the
Agency does not recommend variance from Section 304.106 in order
“to ensure the stream is not degraded.” The Agency gives no
further explanation for this position. (Ag. Rec., p.4)
In addition, the Agency states that a variance may be
granted consistent with federal law:
The Clean Water Act at 301(i) does not
prohibit a variance for necessary maintenance
at a completed facility. There are no
federal laws or regulations that would
prohibit the grant of this variance.
(Ag. Rec., p.5)
Given circumstances of this case, the Board finds that to
deny Highland a variance would constitute arbitrary or
unreasonable hardship. Consequently, the Board will grant
Highland a variance from Section 304.120(c) and 304.141 for a
period of three months or until work on both cantex units is
9 1—322
3
completed, whichever occurs first, The Board will not grant
variance from Section 304.106, Highland has not presented
information which convinces the Board that such relief is
necessary. In addition, the Agency is opposed to relief from
that Section. In short, Highland has not carried its burden of
proof on that issue,
With regard to Section 304.141, the Agency believes such
relief is warranted. The Board concurs on this point.
The Board will impose conditions on the variance pursuant to
the Agency’s Recommendation.
ORDER
The Board hereby grants the City of Highland (Highland)
variance from 35 Ill. Adm. Code 304.141 and 304.120 (c) subject
to the following conditions:
1. The Variance shall commence upon the initiation of bypassing
of the first Cantex Unit and continue for a period of 90 days
or until the work on both Cantex Units is completed,
whichever occurs first.
2. During the period of the variance, the effluent discharged
shall not exceed 50 milligrams per liter (monthly average)
for both biochemical oxygen demand and total suspended
solids,
3. Highland shall sample and perform laboratory analysis as
required in NPDES Permit No. IL0029173.
4. Highland shall notify Ms. Barb Conner of the Compliance
Assurance Section via telephone at 217/782—9720 and Mr. Nick
Mahlandt of the Collinsville Regional Office at 618/345—6220
when dewatering of the first Cantex Unit has begun, and when
both units are returned to service. Written notification
confirming the telephone notifications shall be submitted
within 5 days thereof. Written notification shall be
submitted to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois 62794—9276
Attn: Ms. Barb Connor
5, Highland, during the time of the variance, shall investigate
and determine what repairs are needed to return the sand
filters to use in the treatment process.
6. Within 45 days of the date of the Board’s Order, the Highland
shall execute a Certificate of Acceptance and send that
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Certificate to the address in paragraph 4 of this Order.
This Variance shall be void if Highland fails to execute and
forward the Certificate within the 45 day period. The 45 day
period shall be held in abeyance during any period that this
matter is being appealed. The form of the Certificate of
Acceptance shall be as follows:
Certificate of Acceptance
The City of Highland, having received the August 10, 1988 Order
of the Illinois Pollution Control Board in PCB 88—67, hereby
accepts that Order and agrees to be bound by all the terms and
conditions thereof.
By:_______________________________
Clarence T. Payne, Mayor
City of Highland
Dated:
__________________
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.
IT IS SO ORDERED
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the abo Opinion and Order was
adopted on the /,ZZ~ day of
-
,
1988, by a vote
of
.
/
Dorothy M~3unn, Clerk
Illinois ?~oilutionControl Board
9 1—324