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
    9 1—3 21

    2
    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
    9 1—3 23

    4
    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

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