ILLINOIS POLLUTION CONTROL BOARD
    October 1, 1987
    OAKLANE ACRES SUBDIVISION
    Petitioner,
    v.
    )
    PCB 87—145
    ILLINOIS ENVIRONMENTAL
    ~ROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.D. Dumelie):
    This provisional variance request comes before the Board
    upon a September 30, 1987, Recommendation of the Illinois
    Environmental Protection Agency (Agency). The Agency recommends
    that because of an arbitrary and unreasonable hardship, Oaklane
    Acres Subdivision (Oaklane) be granted a provisional variance
    subject to certain conditions to allow Oaklane to exceed 35 Ill.
    Adm. Code 304.120 as it relates to BOD and TSS while replacement
    work on its lagoon’s aeration system is completed.
    Oaklane owns and operates a 0.0045 MGD DAF wastewater
    treatment facility consisting of a three stage aerated lagoon
    with post chlorination. Effluent is discharged to Ackerman
    Creek, tributary to Farm Creek which is a tributary of the
    Illinois River.
    Oaklane is presently required by its NPDES Permit No.
    #1L0022152 to meet effluent limitations of 10 mg/l BOD and 12
    mg/i TSS. Oaklane is required by its NPDES Permit to submit
    DMR’s quarterly.
    Oaklane has discovered that the aerators in the lagoon are
    clogged and in need of replacement in order to provide proper
    aeration in the lagoon. Oaklane has stated that the lagoon will
    need to be drained from the present depth of 10 feet to a level
    of 2 feet in order to replace the existing clogged tube aeration
    system with static tube, non—clogging aerators.
    Oaklane’s petition for variance requested relief for
    effluent limitations of 250 mg/l BOD and 300 mg/i TSS. The
    Agency noted that a Mr. Hermann, P.E., of Clark Engineers M~,
    Inc., representing Oaklane called via telephone to clarify that
    the 250/300 figures referred to quantity, whereas Oaklane
    intended to request effluent concentrations of 50 rng/l for both
    BOD and TSS. The Agency stated that the concentration limits of
    50 mg/l for both BOD and TSS is more appropriate.
    82—117
    Oaklane is requesting variance for 5 days in duration to
    give enough time to replace the aeration system. Oaklane asserts
    that the environmental impact of lowering the lagoon would be
    minimal. The Agency agreed due to the short duration of the
    variance. In fact the alternative, no action, would cause
    effluent quality to worsen and then cause more serious
    environmental imPact.
    The Agency agrees with Oaklane that refusal to grant the
    requested variance would place an arbitrary and unreasonable
    hardsnip on Oaklane since the lagoon must be lowered in order
    repair the aeration system. The Agency stated it was unaware of
    any alternatives that are economically feasible. The Agency
    further stated that no federal regulations preclude the granting
    of the variance. The Agency recommended tnat tne Board grant the
    provisional variance subject to the conditions incorporated into
    the Board’s order.
    Pursuant to Section 35(b) of the Illinois Environmental
    Protection Act, the Board hereby grants the provisional variance
    as recommended.
    This Opinion constitutes the Board’s finding of fact anã
    conclusions of law in this matter.
    ORDER
    Oaklane Acres Subdivision is hereby granted a provisional
    variance from 35 111. Adm. Code 304.120 as it relates to SOD and
    TSS, subject to the following conditions:
    1) This provisional variance shall commence upon
    initiation of lowering of lagoon and continue for a
    period of 5 days.
    2) Caklane shall notify Ken Newman of the Agency’s Peoria
    Regional office vial telephone at 309/693—5463 when
    lowering of the lagoon Is begun and when it is returned
    to service. ~ritten confirmation of each notification
    shall be sent within 5 days to:
    Illinois Environmental Protection Agency
    5415 North University
    Peoria, IL 61614
    Attention: Ken Newman
    3) During this provisional variance the effluent shall be
    limited to 50 mg/l SOD and 50 mg/l TSS as 30 day
    averages.
    82—118
    —3—
    4) During this provisional variance, Cakiane shall operate
    its wastewater treatment facility so as to produce the
    best effluent practicable.
    5) There shall be no discharge of bottom deposits. Any
    bottom deposits removed shall be disposed of after
    appropriate permits are obtained from the Agency.
    6) within 10 days of the date of this Order, Petitioner
    shall execute and submit a Certificate of Acceptance
    and Agreement to the following address:
    Illinois Environmental Protection Agency
    Division of hater Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    Attention: James Frost
    CERTIFICATION
    I, (we) Oaklane Acres Subdivision, hereby accept and agree
    to be bound by all terms and conditions of the Order of the
    Pollution Control Board in PCB 87—145, October 1, 1987.
    Petitioner
    By: Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    8 2—119
    I, Dorothy M. Gunn, Clerk of the illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    ______________
    day of
    ~
    ,
    1987 by a vote
    of
    _____________
    Dorothy M. ~‘Gunn,Clerk
    Illinois Pollution Control Board
    82—120

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