Ii~LIi~~i.~OLL~2~lOi~.CC~.~~OLBC!~L

August 20, 1987

CITY OF MACOMB,

Petitioner,

v

)

PCE 6~—lL9

ILLINOIS ENVIRONMENTAL

PRbC~jO~ A~LNC~,

Respondent.

CPi~iLii~k~L (.jt~DLks OF TnL BO~D (cy uL.. Durnelle):

This provisional variance request comes before the Board

upon an Au;ust l~, l9~7. heccml7encation of t~ne Illinois

Environmental Protection Agency (Agency). On August 14, 1987,

tne Agency receive~a r uest for a 3U day extension on tine

provisional variance, POE 87—100, granted July 16, 1987. The

Agency 

rccornrre~ds

tnat heca~se of an arbitrary and unreasonable

hardship, tine City of Macorab (City) be granted an extension of

tneir pLovisional variance subject to certain conditions to allow

the City to exceed the effluent limitations in its NPDES permit

for biochemical oxyge;~demand (BCL~) and total suspended solids

(TSS).

Tr~eCity owns and operates a wastewater treatment facility

with a design average flow of 4.0 million gallons per day (MGD)

and a cesign maximum flow of 7.5 MGL. The treatment facility

consists of preliminary treatment, primary treatment, an

activated sluc~e system, a tertiary lagoon anã chlorination.

Discharge is to the Killjordan Creek.

During construction of the new final clarifier, the paint on

the new equipment was found to be defective. The repair work

will require removal of tine paint by sand blasting. The

repainting requires that the clarifier be taken out of service to

perform tinis work.

Tine City met its N~-D~SPermit Ii..0029688 limitations of lU/il

mg/l monthly average respectively for BOD and TSS during June and

July, l9u7. During these months only one clarifier was in

service due to construction work.. The City believes that it will

meet its N~DEs Permit limits during this repainting period under

normal flow conditions.. However, the City is concerned that a

hign flow cue to excessive rainfall may cause it to exceed its

Permit limits with only one clarifier in service.

Tne City contends tnat to be in cort~piiance it would have to

construct a temporary treatment facility. The City argues that

sucin a requrrement would impose an arbitrary and unreasonable

80—373

har~s~ip. ~rie Agency a;rees with tine City’s assessment that an

arbitrary

and unreasonable

hardship would result.

The Agency

also b~Iieves that, if a provisional

exception is granted,

tine

expected environmental

impact will be minimal because secondary

treatment

i~

being p:ovioed.

After

determining tiiat federal regulations would not

preclude the granting of variance and that no public water

supplies would be adversely affected, tine Agency recomrnendec that

the City of Macomb be granted an extension of provisional

variance from 35 111. Adin. Code 3u4.120(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 recommenoed.

This Ojinicn cunstit~tes the

Boards tindings of tact and

conclusions of law in this matter.

OhDLF~

Th~ City

~accmd 

is nereby granted an extension of the

provisional

variance,

granted in PCB 87—100, July 16, 1987, from

35 Ill. Adr. Code 3~4.l20(c) and 304.141(a) subject to the

following conditions:

Tne

vatiance shall begin August 18,

1981,

and stall

continue until September 16, 1987, or until the

clarifier

is

roturned to service, whichever occurs

first.

8f~luent snail b~ limited to 30 mg/i for both BOC and

TSS as monthly averages and a daily maximum of 45 mg/i

for bctn

BCJLJ

and T.~S. Effluent

snail be samplea

according to NPDES Permit No.. 1L0029688 as to frequency

and sample type.

Analysis results sriali be submittec

to the Agency on the monthly discharge monitoring

report (UMl~)

3. Tine

City of Macomt shall notif~’Gary Reside of the

Agency’s Compliance Assurance Section via telephone at

217/782—9720 when the entire treatment system is

returned to service.. S’~ritten confirmation of the

telepnone 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 Assurancc Section

2200 Churchill Road

S~ingfield, 

IL 62794—9276

ATTN: Gary Reside

80—3 74

Ihe

City of Macomb shall operate that portion of the

treatment facility remaining in operation so as to

preclude tne best eifluent possible.

5. within

10 days of the date of this Order the City of

Macomb snall

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.

CER~1F1CATIOL

I, (he) The

City of Macornb, hereby accept and agree to be

bound by all terms and conditions of the Order of the Pollution

Control Board in PCB 67—luu, 3uly 16, l9~7..

Petitioner

By: Authorized Agent

Title

Date

li Ia Su CADEREL..

I, Dorothy M. ~unn, ClerK of the Illinois Pollution Control

Board, hereby certify that the above Opi~ion and Order was

adopted on tine 

_______________

day of 

~

1987 by a vote

of

~-~)

0

Dorothy M.. G~nn, Clerk

Illinois Pollution Control Board

80—3 75