ILLINOIS POLLUTION CONTROL BOARD
    May 19,
    1988
    CITY OF HERRIN,
    )
    Petitioner,
    )
    v.
    )
    PCB 88—89
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD
    (by J.D.
    Durnelle):
    This provisional variance request comes before the Board
    upon
    a May 17,
    1988, Recommendation filed by the Illinois
    Environmental Protection Agency
    (Agency).
    The Agency recommends
    that because of
    an unreasonable hardship,
    the Petitioner, City of
    Herrin,
    be granted
    a provisional variance extension from the
    requirements of
    35
    Iii.
    Adrn.
    Code 304.120 and 304.141(a),
    subject
    to certain conditions, while
    construction repair work
    is
    completed to meet commitments outlined
    in its Municipal
    Compliance Plan
    (MCP).
    Petitioner
    owns and operates wastewater
    treatment facilities
    which consist
    of
    a sewer system and treatment facilities.
    The
    treatment plant consist of
    an aerated grit chamber,
    comminutor,
    dual primary clarifier,
    trickling filter,
    dual secondary
    clarifier,
    trickling filter,
    dual secondary clarifiers,
    anaerobic
    digestion
    and effluent chlorination.
    The current plant has
    a
    rated capacity of 1.2 MCD DAF and currently discharges
    to an
    unnamed
    tributary f Hurricane Creek tributary
    to the Big Muddy
    River.
    Petitioner presently
    is required by
    its NPDES Permit
    to meet
    interim effluent limitations of 20 mg/i SOD (monthly avg.)
    and
    45
    mg/l TSS (monthly avg.) with discharges
    to Hurricane Creek
    Tributrary.
    The table below summarizes effluent quality reported
    by Petitioner
    on its DMR’s
    for BOD and suspended
    solids for the
    past year.
    Flow
    (MGD)
    BOD (mg/l)
    TSS
    (mg/l)
    Ave.
    Ave.
    Max.
    Ave.
    Max.
    10/87
    .91
    17
    20
    30
    41
    09/87
    1.18
    17
    18
    34
    45
    08/87
    1.22
    16
    19
    27
    34
    07/87
    1.26
    13
    19
    27
    32
    89—301

    —2—
    06/87
    1.35
    12
    16
    31
    36
    05/87
    1.27
    20
    21
    35
    37
    04/87
    L95
    20
    22
    41
    47
    03/87
    2.25
    20
    21
    29
    33
    02/87
    1.07
    *
    23
    25
    40
    45
    01/87
    1.9
    18
    20
    30
    33
    02/87
    2.35
    20
    22
    27
    39
    03/87
    2.45
    25
    29
    33
    41
    Average
    1.68
    18
    21
    32
    39
    NPDES limits
    20
    30
    45
    70
    Provisional Variance
    46
    66
    Limits, March
    22
    to
    May 6,
    1988
    *Apparent Violation
    Petitioner
    is currently operating under
    a MOP schedule.
    The
    construction
    is currently ongoing
    to complete this
    MCP.
    The plan
    includes existing plant upgrading
    and expansion with diversion
    of
    the effluent
    so
    it will discharge directly
    to the Big Muddy River
    instead
    of Hurricane
    Creek thus providing
    effluent limits
    of
    20/25 due
    to
    a greater dilution ratio.
    The upgrading work also
    involves renovation of
    the existing primary
    tanks.
    Petitioner
    received from the Board
    a provisional variance on
    February
    4,
    1988
    (PCB 88—31).
    This variance gave Petitioner
    effluent limits of
    46 mg/l BOD and
    66 mg/i TSS, monthly
    averages.
    The variance began on March
    22, 1988 when
    the primary
    tanks were removed
    from service
    and continued until May 6,
    1988,
    45 days.
    Petitioner
    has stated that when the tanks were drained
    pre—existing structural problems were diScovered.
    These problems
    required
    a portion
    of the structural
    supporting
    steel and
    anchorage
    to be
    redesigned to accommodate for these unforeseen
    structural conditions.
    Petitioner
    has stated
    that weather
    conditions has also also delayed completion of the project.
    Petitioner has stated,
    and the Agency agreed,
    that
    additional
    time
    is needed
    to complete this
    repair work due
    to the
    unforeseen structural repair work needed and poor weather
    conditions encountered during
    the construction.
    Petitioner
    has
    not addressed
    the impact of
    the proposed
    action on the treatment plant nor
    on the receiving stream.
    The
    Agency,
    however, stated that
    it believes that due
    to the
    remaining
    treatment provided by Petitioner
    that the environmental
    impact will
    be minimal.
    Also,
    since
    the work has already begun,
    and there are
    no alternatives
    to the Petitioner except
    to
    continue bypassing
    the primary tanks, the Agency believes that
    the variance should be granted.
    89—302

    —3—
    The Agency states that there are
    no federal
    laws which would
    preclude
    the granting
    of
    the provisional
    variance.
    The Agency
    therefore recommended
    that
    the provisional variance be granted,
    subject
    to
    the conditions
    set
    forth
    in
    the Order below.
    Pursuant
    to Section
    35(b)
    of
    the Illinois Environmental
    Protection Act
    (Act), the Board hereby grants
    the provisional
    variance as recommended.
    This Opinion
    and Order constitutes
    the Boards findings of
    fact and conclusions
    of law
    in
    this matter.
    ORDER
    The City
    of Herrin,
    Petitioner,
    is hereby granted
    a
    provisional variance from
    35 Ill.
    Adm.
    Code 304.120
    and
    304.141(a)
    subject
    to the following conditions:
    I.
    Variance shall commence on May 7,
    1988 and continue for
    45 days
    or until
    the tanks are returned
    to service,
    whichever occurs first.
    2.
    During the period o this variance,
    the effluent
    discharged
    shall
    be limited
    to 46 mg/i BOD and
    66 mg/i
    suspended solids.
    3.
    Petitioner
    shall notify Barbara Conner
    of
    the Compliance
    Assurance Section via telephone at 217/782—9720 when
    the
    units are returned
    to service.
    Written notification
    confirming the telephone notification
    shall
    be submitted
    within
    5 days thereof.
    Written notification shall
    be
    submitted
    to:
    Illinois
    Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    Post Office Box 19276
    Springfield,
    IL 62794—9276
    Attention:
    Barbara Conner
    4.
    Petitioner
    shall return the Primary Tanks
    to service
    as
    quickly as possible,
    and shall provide
    the best
    treatment practiceable during the variance period.
    5.
    Within
    10 days of
    the date
    of the Board’s Order,
    Petitioner
    shall execute
    a Certificate
    of Acceptance and
    Agreement which shall
    be sent to Mark
    T. Books
    at the
    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
    89—303

    —4—
    during any period
    that
    this matter
    is being appealed.
    The form of said Certification shall
    be
    as follows:
    CERTI FlOATION
    I,
    (We), The City of Herrin,
    having read the Order of the
    Illinois Pollution Control Board,
    in PCB 88—89, dated May 19,
    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
    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
    N1
    Gunn,
    Clerk
    of
    the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted
    on the
    _____________
    day of
    ~
    ,
    1988
    by
    a vote
    of
    7-a
    .
    ~
    Dorothy M./Gunn, Clerk
    Illinois Pollution Control Board
    Date
    89—304

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