ILLINOIS POLLUTION CONTROL BOARD
March 10, 1988
BLOOMINGTON/NORMAL SANITARY
DISTRICT,
Petitioner,
v.
)
PCB 87—207
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
JEFFEREY C. FORT AND JAMES J. DENAPOLI APPEARED ON BEHALF OF THE
PETITIONER.
KATHLEEN C. BASSI APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD (by J. Marlin):
This matter comes before the Board on a Petition for
Variance filed by the Bloomington/Normal Sanitary District
(District) on December 23, 1987. Specifically, the District is
seeking a variance from 35 Ill. Adm. Code 304.120(c), 304.141(a)
and from certain conditions of the Board’s Order in PCB 86—202
which was issued on February 5, 1987. The District requests
variance from these provisions until April 15, 1988 with the
condition that the District’s effluent does not exceed 25
milligrams per liter (mg/i) biochemical oxygen demand (BOD) and
25 mg/l total suspended solids (TSS).
In its petition, the District waived its right to a hearing
and no members of the public filed a written objection with the
Board. Consequently, no hearing was held in this matter. The
Board granted the Illinois Environmental Protection Agency’s
(Agency) Motion to file the Agency Recommendation Instanter on
February 25, 1988. The Agency is recommending that the variance
be granted subject to certain conditions.
Essentially the District is requesting that the variance
which the Board granted in PCB 86—202 be extended until mid—
April. According to the District, it has been able to comply
with all of the terms and conditions of that variance except for
the final compliance date and the dates associated with steps 13
through 19 of the compliance schedule. (Pet. p. 2; see Opinion
and Order PCB 86—202 slip. op. at 2—3, February 5, 1987). The
reason for this variance as well as the previous variance is the
need of the District to repair and replace the tertiary filters
at its wastewater treatment plant. The District has encountered
unexpected delays in this construction process which according to
the District requires this variance. The Board will not review
87—21
2
in detail the specific reasons behind the delays; those reasons
are set forth in bhe Petition. Similarly, the Board will not
review all the factual matters concerning the existing wastewater
treatment plant as well as the new improvements. This
information is outlined in the Board’s February 5, 1987 Opinion
in PCB 86—202.
In the Petition, the District sets forth data regarding the
effluent quality from the wastewater treatment plant during the
months of January 1987 through September 1987. The Board notes
that the monthly averages for BOD as well as TSS are within the
25/25 standard which was set forth by the previous variance.
(Pet. p. 12).
The District also sets forth a new schedule for
compliance. Essentially, the District proposes to complete
construction on March 1, 1988. The facility should be fully
operational by March 15, 1988 and the District requests that the
variance terminate on April 15, 1988.
In the Agency’s Recommendation, the Agency presents data
which also indicates that the Petitioner has met the variance
limits for BOD and TSS through November of 1987. With regard to
the environmental impact, the Agency concludes:
Due to the quality of the Petitioner’s
effluent and to the relatively short period
of time requested in the variance petition.
Little or no adverse impact is expected.
(Ag. Rec., p. 3)
The Agency agrees with the Petitioner that the reasons for
delay in achieving compliance are due to matters beyond the
District’s control. (Ag. Rec., p. 4; Petition, p. 15).
Given the record in this matter, the Board finds that to
deny a variance in this instance would impose an arbitrary or
unreasonable hardship on the District. Therefore, the Board will
grant a variance to the District from January 1, 1988 until May
1, 1988 subject to the conditions which were recommended by the
Agency. Specifically, the Board is granting a variance from
Sections 304.120(c) and 304.141(a). The Board realizes that the
Petitioner does not wish to be held to the deadlines of certain
steps of the compliance schedule set forth by the February 4,
1987 variance Opinion. The Board’s Order today will supersede
that previous Order to the extent that the two are in conflict.
The Board notes that in the Agency’s Recommendation, the Agency
recommends that the variance be granted from January 1, 1988 to
April 15, 1988. Usually, the Board does not grant a retroactive
variance. In this instance, the need for a variance was caused
by unexpected construction delays. The District appears to have
made a good faith effort to comply with Board regulations.
87—22
3
Consequently, the Board will grant a retroactive variance. The
Board is granting the variance until May 1, 1988. This will give
the District two more weeks which may be needed if further
construction delays are experienced; it will help prevent the
possibility of a future short—term variance request.
This constitutes the Board’s finding of fact and conclusions
of law in this matter.
ORDER
The Board hereby grants the Bloomington/Normal Sanitary
District (District) variance from 35 Ill. Adm. Code 304.120(c)
and 304.141(a) subject to the following conditions:
1) This variance shall begin on January 1, 1988 and expire on
May 1, 1988, or upon returning the tertiary filters to
service, whichever occurs first.
2) The District shall complete construction by March 1, 1988,
and the wastewater treatment facility shall become fully
operational by March 15, 1988.
3) The District shall provide monthly progress reports on the
status of the repair of the filters. Progress reports shall
be submitted with the Discharge Monitoring Reports.
4) During the period of the variance, the effluent shall be
limited to 25 mg/l five—day biochemical oxygen demand (SOD5)
and 25
mg/l total suspended solids
(TSS), measured as a
weighted
monthly average of the three effluents.
5) The District shall continue to monitor its effluent as stated
in its NPDES permit.
6) The District shall continue its biomonitoring program.
7) The District shall continue to operate the rest of its
treatment facilities as efficiently as possible so as to
produce the best effluent possible.
8) The District shall notify Pat Lindsey of the Agency’s
Compliance Assurance Section by telephone at (217) 782—9720
when the tertiary filters are returned to service. Written
confirmation of the telephone notification shall be submitted
within five days to the Agency at the following address:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road, P.O. Box 19276
Springfield, IL 62794—9276
Attention:
Pat Lindsey
87—23
4
9) Within 45 days of the date of the Board’s Order, the
Petitioner shall execute a certificate of acceptance and
agreement, which shall be sent to Mr. James Frost of the
Agency at the following address:
Mr. James Frost
Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Churchill Road, P.O. Box 19276
Springfield, IL 62794—9276
This variance will be void if the Petitioner fails to execute
and forward the certificate within the 45—day period. The
form of the certificate of acceptance shall be as follows:
CERTIFICATION
________________________________________ (Petitioner) hereby
accepts and agrees to be bound by all terms and conditions of the
Order of the Pollution Control Board in PCB 87—207 dated
March 10, 1988.
Peti tioner
Authorized Agent
Title
Date
Section 43. 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.
8724
5
I, Dorothy M. Gunn, Clerk of the Illinois
Pollution Control
Board, hereby certif~that the above Opinion and Order was
adopted on the
/O~’—
day of
~
,
1988, by a vote
of ___________________________
~.
Dorothy M. unn, Clerk
Illinois Pollution Control Board
87—25