ILLINOIS POLLUTION
CONTROL
BOARD
April
7,
1988
CITY OF WENONA,
Petitioner,
v.
)
PCB 88—62
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by J.D.
Durnelle):
This provisional variance request comes before the Board
upon
an April
6,
1988 Recommendation
of
the Illinois
Environmental Protection Agency (Agency).
The Agency recommends
that because of an arbitrary
and unreasonable hardship,
the
Petitioner,
City of Wenona,
be granted
a provisional variance,
subject to certain conditions,
from
35
Ill.
Adm. Code
304.141(a)
and
302.209(b)
to allow for
the cleaning,
repair and upgrading
of
its primary
lagoon.
Petitioner owns and operates
a wastewater treatment facility
which consist of main
lift station, primary lagoon,
secondary
lagoon and chlorination.
Design average
flow
is 0.16 MGD and
effluent is discharged
to an unnamed tributary to Sandy Creek
which discharges
into the Illinois River.
Petitioner presently is required by
its NPDES Permit
to meet
monthly average
(interim)
effluent limitations of
30 mg/i BOD,
and 60 mg/i suspended solids.
Fecal Coliform
is limited
to a
daily maximum of 400 colonies per ml.
The Petitioner has stated that the repair and upgrading of
its lagoons
is needed
to satisfy
a Municipal Compliance Plan
(MCP).
Petitioner has also stated that
it
is necessary
to bypass
the primary lagoon and treat
in
the secondary lagoon during this
project.
The Agency agrees with these statements.
The
Petitioner has stated that only one lagoon will be out of
service
a~any time.
The Petitioner
requested
the variance for BOD,
suspended
solids,
Fecal Coliform and Ammonia Nitrogen.
However, according
to the Agency,
the evidence presented by the Petitioner indicates
that
the treatment provided by
the remaining secondary lagoon
will meet their current NPDES limit of
60 mg/i
for suspended
solids.
The Petitioner’s permit does not contain specific
88—75
—2—
effluent limits
for Ammonia Nitrogen.
Therefore,
the Agency
considered
the request
to be
for BOD and Fecal Coliform only.
The Petitioner has stated, and the Agency agrees that the
environmental impact caused by the primary lagoon being
out
of
service will
be minimal.
There are
rio public water supplies which would
be adversely
affected by granting this provisional variance.
The closest
downstream water supply
is Peoria Water Company,
approximately 45
miles downstream.
There are no federal laws which would preclude
the granting
of this variance.
Petitioner claims that the refusal to grant
the requested
variance will
impose an arbitrary and unreasonable hardship.
The
Agency states that
is
is supporting
the hardship in this
provisional variance based on
the assumption
that the Petitioner
only recently became aware of
the variance need and insufficient
time was available
to request
a standard variance
in lieu
of the
proximity of the July
1,
1988 compliance deadline.
The Agency
therefore
recommended provisional variance.
Pursuant
to Section
35(b)
of the Illinois Environmental
Protection Act,
the Board hereby grants the provisional variance
as recommended.
This Opinion constitutes
the Boarc3’s findings of fact and
conclusions
of law on this matter.
ORDER
The City of Wenona,
Petitioner,
is hereby granted
a
provisional variance from the requirements
of
35 111. Mm.
Code
304.141(a) BOD and 302.209(b)
Fecal Coliform,
subject
to the
following conditions:
a)
This variance shall commence upon
initiation of bypassing
of the primary
lagoon and continue for
a period of
45
days or until
the primary lagoon
is
returned
to service or until July
1,
1988,
whichever occurs first.
b)
The Petitioner
shall
be
in compliance
with final NPDES permit limitations no
later
than July
1,
1988.
c)
During
the period of the variance,
the
effluent discharged
shall be
limited to
88—76
—3—
a monthly average
BOD of
40 mg/i.
d)
Petitioner shall notify Tom Meyer of
the
Agency’s Peoria Regional office via
telephone
at 309/693—5463 when bypassing
of
the primary lagoon
is begun and when
the primary lagoon
is returned
to
service.
Written confirmations
of each
notifications shall
be sent within
5
days to the following addresses:
Illinois Environmental Protection
Agency
5415 North University Avenue
Peoria,
Illinois
61614
~kttn:
Tom Meyer
Illinois Environmental Protection
Agcy
Compliance Assurance Section
2200 Churchill Road
P.O.
Box 19276
Springfield,
Illinois
62794—9276
e)
The sludge contents
of the lagoon shall
be disposed of by the Petitioner
in
a
manner acceptable
to the Agency.
f)
During this provisional variance
Petitioner shall operate
its wastewater
treatment facility so as
to produce
the
best effluent practiceable.
Additionally, Petitioner
shall perform
the necessary repair work on the lagoons
as expeditiously as possible
so as
to
minimize the period
of time they are out
of service.
g)
Within
10 days
of the dates of
the PCB
Order, Petitioner
shall execute
a
Certificate
of Acceptance and Agreement
which shall
be sent
to Mark Books at the
Springfield address
indicated above.
This variance shall
be void
if Petitioner
fails
to execute and forward the certificate
within the ten day period.
The ten 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:
88—77
—4—
CERTIFICATION
I,
(We), City of Wenona,
having read the Order
of the
Illinois Pollution Control
Board,
in PCB 88—62,
dated April
7,
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.
1111/2 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 0 inic~nand Order was
adopted on the
____________
day of
-
,
1988 by
avoteof
7—O
.
V
Dorothy M.
Glinn, Clerk
Illinois Pollution Control Board
88—7 8