ILLINOIS POLLUTION CONTROL BOARD
August 10, 1988
SCOTT AIR FORCE BASE,
Petitioner,
v.
)
PCB 88—69
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent
*
OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):
This matter comes before the Board upon an April 14, 1988,
petition for variance filed by the Department of the Air Force,
Scott Air Force Base, in St. Clair County, Illinois. Scott Air
Force Base (Scott) requests variance for its wastewater treatment
plant, operating under NPDES permit No. 1L0026859 during the
rehabilitation of Scott’s wastewater treatment plant.
Specifically, Scott’s petition requests variance from 35 Ill.
Adm. Code 304.120(c), 304.121, and 304.124. As hearing was
waived, no hearing has been held. On July 25, 1988 the Agency
filed a Motion For Leave To File Instanter Its Recommendation,
recommending that the variance be granted subject to certain
conditions. The Agency’s motion to file is granted. For the
reasons set forth below, the Board grants the requested variance,
subject to certain conditions.
As a preliminary matter, the Board notes that Scott’s
petition requested variance from 35 Ill. Adm. Code 304.120,
304.121, and 304.124. The Agency’s recommendation states that
the variance is requested from 35 Ill. Adm. Code 304.120(c),
304.121 and 304.141(a). Sections 304.120(c) and 304.121 refer to
BOD5, suspended solids, and fecal coliform. Section 304.124 sets
additional standards for various contaminants. Section 3~04.l41
prohibits discharges in excess of standards and limitations set
forth in an NPDES Permit. As Scott’s petition requests variance
relief only for BODç, suspended solids, and fecal coliform, and
because Scott opera?es under NPDES permit, the Board believes
that the Agency has correctly characterized the variance request
and that Scott’s petition inadvertently requested variance from
Section 304.124 when it intended variance from Section
304.141(a). This variance therefore relates to Section
304.141(a), not Section 304.124.
Scott is a federal air force base (Department of Defense)
which is the headquarters of the 375 Air Base Group (MAC) in St.
Clair County. The Base has a population of 7,880, with
occasional use of base facilities by an additional 11,422
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people. The wastewater treatment system consists of a collection
system first constructed in 1919, a treatment plant consisting of
4 primary clarifiers, 2 trickling filters (one of which has been
repaired under PCB 87—48), 3 final clarifiers, 2 anaerobic
digesters, sludge drying beds and disinfection constructed in
1940, and final sand filters constructed in 1972. Scott has
conducted programs to reduce inflow and infiltration into the
collection system and to maintain the plant equipment. As
anticipated in the prior variance, Scott is now proposing to
rehabilitate the remainder of its plant.
Discharge of the plant effluent is to Silver Creek, a
tributary of the Kaskaskia River.
Scott has been granted a construction permit subject to this
variance on June 30, 1988 for the anticipated construction
consisting of: Inlet works including wet well, grit chamber, and
bar screen; 3—32 ft. x 48 ft. x 10 ft. SWD rectangular primary
clarifiers; effluent water tank; in—plant service water system;
sludge dewatering building; administration building; and
miscellaneous related work. The construction also includes
rehabilitation of one trickling filter, three final clarifiers,
one anaerobic digester, one sludge drying bed, and miscellaneous
related work.
The Agency caused notice of this variance request to be
published and sent to the parties required to be notified by
Section 37 of the Act. No comments have been received. The
Agency has investigated its files of Petitioner’s NPDES Permit,
Discharge Monitoring Reports and other correspondence.
PERMIT STATUS
Petitioner discharges its wastes under NPDES Permit
IL0026859. This permit establishes final effluent limits of:
LOAD
LIMITS
WNCEWTRATICN
lbs/day
LIMITS mg/l
30 DAY
DAILY
30 DAY
DAILY
PARAMETER
A~.
MAX.
A~.
MAX.
Total Flow, n~d
1.8
BDDs
155
417
10
20
~tSS
186
500
12
24
ENVIRONMENTAL IMPACT
Petitioner has reported the following information concerning
its effluent BOD and TSS levels on its Discharge Monitoring
Reports (DMR’s):
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Average
Effluent
Effluent
Fecal
Month
Flow (MCD)
BOO (rr~g/l
TSS (mg/i)
Coliform
Monthly Average
Monthly Average Daily Max.
Load
Concentration Load Concentration lOO/ml
04/88 1.510
146
12
77
6
‘INIC
03/88
2.5 MG)
634
28
958
42
Tt~TL~
03/88
1.6 2.4 MCD
48
4
50
3
‘IWI’C
02/88 1.758
129
12
91
7
T~T~t~
01/88 2.144
117
9
71
5
~INTC
12/87 2.559
285
13
297
13
TN’IC
11/87 1.398
111
11
96
9
3500
10/87 1.217
50
6
60
7
1100
09/87 1.302
36
4
54
6
300
08/87 1.416
45
4
74
7
1400
07/87 1.741
41
4
64
8
100
06/87
1.339
40
5
24
3
0
05/87 1.227
41
5
20
2
100
04/87 1.442
67
6
54
4
100
Average 1.721
96
8
86
7
NPDES Permit Limits
155
10
186
12
400
Variance Limits
185
20
210
20
Note: ¶L~D2means “too numerous to count.”
The Agency states that is has no reason to believe that the
lesser quality effluent Scott plans to discharge will have a
significant adverse impact on the receiving stream because the
slight increase in concentration will only occur during wet
weather (when it rains) and consequently high stream
flows.
COMPLIANCE PLAN
Scott plans
to upgrade the trickling filter
by December 31,
1989 as its compliance plan.
Due to the plant’s age and
structural condition, the Agency is unaware of any other feasible
compliance or compliance alternative available.
The Agency
states that the length of time, approximately 546
days, appears
to be reasonable.
CONSISTENCY WITH
FEDERAL REGULATIONS
Scott alleges that the Board can grant the requested
variance consistent with federal law. The Agency agrees stating
that Scott is not subject to the July 1, 1988 compliance deadline
for secondary treatment for POTW’s because it is not a POTW. It
must meet Best Practicable Control Technology (BPT) currently
available under Section 30l(b)(l)(A) of the Clean Water Act (CWA)
by July 1, 1977 for which there are no specific federal
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regulations. The Board notes that although 35 Ill. Adm. Code
301.365 defines “Publicly Owned Treatment Works (POTW)” as “a
treatment works owned by a municipality, sanitary district,
county or state or federal agency
...,“
40 CFR 122.2 defines POTW
as a treatment works owned by a State or Municipality. Because
the federal regulations do not include in the definition of POTW
treatment works owned by a federal agency, the Board agrees that
the July 1, 1988 deadline does not apply. Therefore, the grant
of this variance is not inconsistent with federal law.
HARDSHIP
The Agency states that Scott’s hardship is not a matter of
limited resources but rather a question of feasibility. Scott
has allocated sufficient funds necessary to successfully upgrade
its facilities. The provision of duplicate treatment units as in
this case was designed for periodic shut down and maintenance of
one unit during low flow periods.
CONCLUSION
The Agency states the present plant at Scott’s facility has
demonstrated compliance with its permit at low flow conditions
using only one effective trickling filter. Notwithstanding its
inflow reduction efforts, Scott can predict that with increased
rainfall,
flow to the plant will increase beyond the treatment
capacity of one trickling filter.
The media in the other filter
needs to be replaced and other than temporary construction of a
entirely new unit or holding basin there appears to be no
feasible alternative. The construction schedule appears to be
reasonable and longer than that provided by provisional
variances.
Any inadequately treated sewage will be discharged at
a time when the receiving stream is also at high flow which will
mitigate any adverse effect on the waters of the State.
The load
limits should also be increased for high flows to allow for
scouring of the collection sewers during rainfall.
The Agency therefore recommends that variance from 35
Ill.
Adm. Code 304.120, 304.121 and 304.141(a) be granted subject to
the conditions set forth below.
Also, the Agency recommendation
includes variance from BOD and TSS quantity limits (see B(1)(b)
and (d) below).
These limits are apparently set forth in Scott’s
NPDES Permit.
The Board notes that it does not grant variances
from individual NPDES permit limitations as they are not Board
regulations.
Moreover, the Board believes that this language is
surplusage in that the Board today grants variance from 35 Ill.
Adm. Code 304.141(a). However, the Board
retains the BOO and TSS
quantity limits
as part of the variance order for any
administrative purpose it may serve.
The Board hereby grants the variance as recommended. This
Opinion constitutes the Board’s findings of fact and conclusions
of law in this matter.
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ORDER
The Scott Air Force Base is hereby granted variance from the
effluent standards of 35 Ill. Adm. Code 304.120(c), 304.121, and
304.141(a) for its wastewater treatment plant in St. Clair
County, Illinois subject to the following conditions:
A. Variance shall commence on July 1, 1988, or upon start
of construction of the inlet works, and expire on
December 31, 1989 or upon completion of construction,
whichever occurs first.
B. Scott Air Force Base shall meet the following effluent
limits during the term of the Variance.
1. When daily and/or monthly average flows are greater
than 2.0 MGD.
a. BOO concentration
=
20 mg/l monthly average
and 30 mg/l.
b. SOD quantity
=
215 lbs/d monthly average and
600 lbs/d daily maximum.
c.
TSS concentration
=
20 mg/l monthly average
and 35 mg/I daily maximum.
d. TSS quantity
=
350 lbs/d monthly average and
650 lbs/d daily maximum
2. When daily and/or monthly average flows are less
than or equal to 2.0 MGD, Scott Air Force Base
shall meet the limits in its NPDES permit.
C. All flows in excess of 2.0 MGD, at the minimum, shall
receive primary treatment and chlorination.
D. Scott Air Force Base shall sample its effluent each day
when flows exceed 2.0 MGD. The effluent samples shall
be analyzed for parameters listed in Scott Air Force
Base’s NPDES permit.
E. Scott Air Force Base shall summarize all samples taken
and submit them, along with plant flow data, with its
monthly Discharge Monitoring Report (DMR).
F. Scott Air Force Base shall report to the Agency’s
Collinsville Regional Office by telephone when repair
work is beginning and completed. A written confirmation
of the notification shall be sent to the following
address within five (5) days:
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Illinois Environmental Protection agency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
Post Office Box 19276
Springfield,
IL 62794—9276
G. Scott Air Force Base shall execute and submit a
Certificate of Acceptance to the address show above
within forty—five (45) days.
This variance shall be void if Petitioner fails to
execute and forward the certificate within the 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:
CERTI FICAT ION
I, (We), Scott Air Force Base, having read the Order of the
Illinois Pollution Control Board, in PCB 88—69, dated August 10,
1988, 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. 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 above Opinion and Order was
adopted on the
/~t~
day of
_____________,
1988 by a vote
of
~
ion Control Board
9 1—330