ILLINOIS POLLUTION CONTROL BOARD
    December 3, 1987
    CITY OF DELAVAN,
    Petitioner,
    v.
    )
    PCB 87—137
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board on Petitioner’s September
    18, 1987 Petition seeking a 3 month variance from Illinois NPDES
    Effluent Standards. 35 Ill. Mm. Code Section 304.141, Section
    304.1201 and IEPA’s Motion To File Agency Recommendation
    Instanter, filed November 3, 1987.
    Petitioner, the City of Delavan, Tazewell County, illinois
    is a municipal corporation with a population of 1,973.
    Petitioner provides sewage collection and treatment to 2,000
    people, with improvements designed for
    2300.
    Sewage collection
    is provided by a separate sanitary sewer system, and treatment is
    currently provided by a single—cell pond system. The small cell
    pond, which is designed to handle a design average flow I.DAF of
    250,000 gallons/day, is in need of upgrading. The sewer system
    tributary to the treatment plant is subject to surcharging and
    basement back—ups, causing Petitioner to be placed on restricted
    status on December 14, 1979. Agency Rec. pp. 2—3.
    The existing, single cell, waste stabilization pond has a
    surface area of 15.5 acres and a volume of approximately 17
    million gallons. This single cell system is proposed to be
    upgraded and augmented by the construction of a four (4) acre
    second cell, rock filter, and a chlorine contact tank. Upon
    completion of the project, treatment will be by large cell, small
    cell, rock filter and chlorination. Petitioner has already
    received permits to construct the new, four (4) acre pond.
    Construction bids were due before September 17,1987 and awarding
    of contracts was expected shortly thereafter. However, as a part
    of the project, the existing pond must temporarily be taken out
    of service. Pet. p. 3.
    During the time when the original pond is out of service,
    there will be discharges into nearby Crane Creek. From April 21,
    1988 to May 1, 1988, 1 million gallons per day of effluent will
    84-45
    —2—
    be discharged. From May 7, 1988 to May 18, 1988, approximately
    700,000 gallons per day will be discharged. This discharge will
    consist of 500,000 gallons/day transferred from the larger, older
    pond and 200,000 gallons/day of raw sewage; however, prior to
    discharge this flow will be treated by the small pond, rock
    filter and chlorination. From May 15, 1988 to June 30, 1988,
    approximately 200 gallons/day will be discharged. This will also
    receive treatment consisting of small pond, rock filter
    chlorination. Pet. p. 3.
    Petitioner claims that during the construction period
    current effluent standards cannot be met because the existing
    pond must be taken out of service for repairs. Pet. p. 3, par.
    ‘E’.
    COMPLIANCE PLAN
    As noted above, Petitioner’s Compliance Plan includes
    construction of a second lagoon cell, rock filter, and a
    chlorination unit. when these are completed, raw sewage flows
    and water from the dewatering of the first cell will be diverted
    to the second cell. IEPA has approved of the proposal Agen?y
    Recommendation p. 3 which incorporated the following work
    schedule:
    September 17, 1987
    Construction bids received.
    November 1, 1987
    Construction of pumping station,
    forcemain, small pond, rock
    filter and chlorination unit
    begins.
    April 21, 1988
    Drain large pond down 1.4 feet.
    May 1, 1988
    Construction work completed.
    Finish draining large pond down
    1.4 feet. Begin transfer from
    large pond to small pond.
    May 7, 1988
    Finish small pond filling.
    May 15, 1988
    Draining of large pond is
    completed. Begin reshaping of
    earthen berms on large pond.
    June 30, 1988
    Completion of earthwork. Begin
    filling large pond with raw
    sewage. Implace riprap during
    ret illing.
    Pet. p. 2j.
    84--46
    —3—
    ENVIRONMENTAL
    IMPACT
    Petitioner is currently authorized to discharge under NPDES
    Permit No. IL 0028355, issued on April 4, 1983. Interim limits
    are 40/75 mg/l BOD5/TSS monthly average, with final limits of
    30/37 mg/i BOD5/TSS (monthly average
    1.
    As the data below
    demonstrates, the current facility is incapable of producing
    consistently acceptable effluent levels. The following data was
    reported by Petitioner on its discharge monitoring reports ~DMRsj
    for the previous year:
    Average
    Average
    Average
    Month
    Flow—MGD
    BOD5 mg/l
    TSS mg/i
    8/87
    0.15
    43
    190
    7/87
    0.17
    28
    210
    6/87
    0.17
    20
    130
    5/87
    0.17
    45
    110
    4/87
    0.14
    36
    77
    3/87
    0.13
    42
    64
    2/87
    0.13
    24
    60
    1/87
    0.13
    11
    9
    12/86
    0.18
    20
    35
    11/86
    0.18
    13
    32
    10/86
    0.18
    11
    67
    9/86
    0.14
    30
    180
    Average Limit:
    0.155
    27.0
    97.0
    40
    75
    There is no reason to believe these conditions have
    improved. In the Agency Recommendation prepared for submission
    in PCB 82—86, Petitioner was discharging 28/52 mg/l BODc~/TSS. In
    reviewing the receiving streams the Agency said the following:
    “Concerning Crane Creek, this investigation found unbalanced
    conditions upstream from Petitioner, while downstream from
    Petitioner’s outfall, polluted and “semi—polluted” conditions
    were found. Stream quality improved to “unbalanced” within 2
    miles from the outfall.” Agency Rec. p. 5.
    Crane Creek, the receiving stream, is intermittent and
    tributary to several ctiannelized drainage ditches. Diversity in
    such streams is extremely limited. Crane Creek is unchannelized
    for approximately 3 miles downstream of Petitioner’s discharge.
    According to the terms of the proposed variance, altnouyh
    BOD5 would be raised, the TSS level would remain at its current
    level. Agency Rec. p. 5. Discharge of effluent from this
    treatment plant is to an intermittent stream which does not
    support fish life; there should be minimal effects on human,
    animal and plant life. Pet. p. 4. The IEPA has stated that the
    proposed variance will result in little additional adverse impact
    84-47
    —4—
    on the receiving streams owing to the, short duration of the
    variance. Agency Rec. p. 6.
    HARDSHIP
    Petitioner stated that construction of temporary holding
    pond would cost approximately $207,000. Pet. p. 4. $2,092,681
    is the projected cost of the proposed upgrading of the plant and
    sewer system, of which $1,471,932 will be funded by grants.
    Agency Rec. p. 6. Thus, Petitioner must pay $620,749 from its
    own sources of funds. Requiring Petitioner to construct the
    temporary holding ponds would be unreasonable, especially since a
    temporary holding pond is unnecessary and not needed for final
    operation.
    CONCLUSION
    For the foregoing reasons, and in consideration of the small
    adverse environmental impact, the Board finds that denial of the
    requested variance would impose an arbitrary or unreasonable
    hardship.
    This Opinion and Order constitutes the Board’s findings of
    fact and conclusions of law in this matter.
    ORDER
    The Agency’s Motion To File Recommendation Instanter is
    granted.
    Petitioner, City of Delavan, is hereby granted a variance
    from Illinois NPDES Effluent Standards 35 Ill. Adm. Code Section
    304.141 Section 304.1201 subject to the following conditions:
    1. Variance shall begin when the old pond is removed from
    service.
    2. Variance shall expire July 1, 1988.
    3. While dewatering the old pond, Petitioner shall not
    discharge sludges or bottom deposits to either the new
    pond or the receiving stream.
    4. Petitioner shall notify IEPA of the dewatering of the
    old pond at least 24 hours prior to commencement of
    dewatering. Petitioner shall contact IEPA’s Regional
    Office at (309) 693—5463.
    5. Follow—up, written notification of the dewatering shall
    be submitted within 5 days to:
    84--43
    —5—
    Illinois Environmental Protection Agency
    DWPC, Region II
    5415 N. University Avenue
    Peoria, Illinois 61614
    7. During the time the variance is in effect, Petitioner
    shall monitor its effluent for BOD5 and TSS every two
    weeks. These results shall be reported on Petitioner’s
    DMRs.
    8. Petitioner shall operate its sewer treatment facilities
    so as to produce the best treatment possible.
    9. During the term of the variance, Petitioner shall meet
    the following effluent limits:
    BOD5
    50 mg/i Monthly Average
    TSS
    100 mg/l Monthly Average
    10. Within 45 days of the granting of the variance by the
    Board, Petitioner shall execute and submit a
    Certificate of Acceptance agreeing to be bound to the
    terms and conditions of the variance and shall mail it
    to:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794—9276.
    I, (We), The City of Delavan, having read the Order of the
    Ilrinois Pollution Control Board in PCi3 87—137, dated December 3,
    1987, understand and accept said Order, realizing that such
    acceptance renders all terms and conditions thereto binding and
    enforceable.
    Petitioner
    Title
    By: Authorized Agent
    Date
    IT IS SO ORDERED.
    84 49
    —6—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Op~nion~nd Order was
    adopted on the
    ______________
    day of
    ~
    ,
    1987 by a vote
    of
    _______________.
    ~
    .
    dorothy M.~éunn, Clerk
    Illinois Pollution Control Board
    8 4—50

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