ILLINOIS POLLUTION CONTROL BOARD
    July 16,
    1987
    CITY OF MACOMB,
    )
    Petitioner,
    v.
    )
    PCB 87—100
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.D. Dumelle):
    This provisional variance request comes before the Board
    upon
    a July 15, 1987, Recommendation of the Illinois
    Environmental Protection Agency (Agency).
    The Agency recommends
    that because
    of an arbitrary and unreasonable hardship, the City
    of Macomb
    (City)
    be granted
    a provisional variance subject
    to
    certain conditions to allow the City to exceed the effluent
    limitations
    in its NPDES permit
    for biochemical oxygen demand
    (BOD)
    and total suspended solids
    (TSS) while construction
    is
    underway at
    its wastewater treatment facility.
    The City owns and operates
    a wastewater
    treatment facility
    with
    a design average flow of 4.0 million gallons per day
    (MGD)
    and
    a design maximum flow of 7.5 MGD.
    The treatment facility
    consists of preliminary treatment, primary treatment,
    an
    activated sludge system,
    a tertiary lagoon and chlorination.
    Discharge
    is to the Killjordan Creek.
    The City
    is currently in the process of upgrading its
    treatment facility.
    During the construction period,
    one half of
    the primary and secondary treatment system has been shut down
    with total elimination of the tertiary lagoon.
    Excess flows
    result
    in the inability of
    the remaining portion of
    the treatment
    facility
    to meet the BOD/TSS limitations of 10/12 mg/i as
    required in its NPDES Permit No. IL0029688.
    the City anticipates
    that construction will be completed on August
    1,
    1987, and that
    one week will be necessary
    to establish
    a biological growth
    in
    the portion of the plant that has been taken out of service due
    to construction.
    The City contends
    that to meet compliance while
    under
    construction
    a temporary treatment facility would need to be
    constructed which would
    impose
    an arbitrary and unreasonable
    hardship.
    The Agency agrees with the City’s assessment that an
    arbitrary and unreasonable hardship would result.
    The Agency
    79-148
    —2—
    also believes that,
    if a provisional exception
    is .granted, the
    expected environmental impact will be minimal because secondary
    treatment
    is being provided.
    After determining that federal regulations would not
    preclude the granting of variance,
    that the City has not received
    a provisional variance within this calendar year,
    and that no
    public water supplies would be adversely affected, the Agency
    recommended that the City of Macomb be granted
    a provisional
    variance from 35 Ill. Adm. Code 304.120(c)
    and 304.141(a)
    subject
    to the conditions
    listed
    in the Order below.
    Pursuant to Section 35(b)
    of the Illinois Environmental
    Protection Act, the Board hereby grants the provisional variance
    as recommended.
    This Opinion constitutes
    the Boards findings
    of fact and
    conclusions of law in this matter.
    ORDER
    The City of Macornb
    is hereby granted
    a provisional variance
    from 35 Ill.
    Adm. Code 304.120(c)
    and 304.141(a)
    subject to the
    following conditions:
    1.
    The Variance shall begin June 23,
    1987, and shall
    continue until August
    7,
    1987,
    or until the entire
    treatment system
    is returned to service, whichever
    occurs first.
    2.
    Effluent shall
    be limited to
    30 mg/i for both BOD and
    TSS
    as monthly averages and
    a daily maximum of
    45 mg/l
    for both BOD and TSS.
    Effluent shall be sampled
    according to NPDES Permit No. 1L0029688 as to frequency
    and sample
    type.
    Analysis results shall
    be submitted
    to the Agency on the monthly discharge monitoring
    report
    (DMR).
    3.
    The City of Macomb shall notify Gary Reside of the
    Agency’s Compliance Assurance Section via telephone at
    217/782—9720 when the entire treatment system is
    returned to service.
    Written confirmation of the
    telephone notification shall
    be submitted within
    5 days
    to the Agency
    at the address given below:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    Springfield,
    IL 62706
    ATTN:
    Gary Reside
    79- 149
    —3—
    4.
    The City of Macomb shall operate that portion of the
    treatment facility remaining in operation so as to
    preclude the best effluent possible.
    5.
    Within
    10 days
    of the date
    of this Order the City of
    Macomb shall execute a Certificate
    of Acceptance
    agreeing to be bound by the terms and conditions of the
    variance.
    This Certificate of Acceptance shall be sent
    to James Frost at the Address given above.
    CERTIFICATION
    I,
    (We) The City of Macomb, hereby accept and agree
    to be
    bound by all terms and conditions of the Order
    of the Pollution
    Control Board
    in PCB 87—100, July 16,
    1987.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above Op~.jiionand Order was
    adopted on the
    ,/~C-~-~
    day of
    \~-v--C~
    ,
    1987
    by
    a vote
    of
    -0
    Dorothy M. ‘Gunn, Clerk
    Illinois Pollution Control Board
    79-150

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