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

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