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