ILLINOIS POLLUTION CONTROL BOARD
    May 9,
    1986
    GOOD HOPE SANITARY DISTRICT,
    Petitioner,
    v.
    )
    PCB 86-66
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent,
    OPINION AND ORDER OF THE BOARD
    (by W.3. Nega):
    This provisional variance request comes before
    the Board
    upon
    a
    May
    9,
    1986 Recommendation of
    the Illinois Environmental
    Protection Agency
    (Agency).
    The Agency recommends that a 45—day
    provisional
    variance be granted
    to the Good Rope Sanitary
    District from 35 Iii. Adm. Code 304.120(a)
    to allow
    the
    Petitioner
    to exceed
    the final effluent standards set
    by its
    NPDES Permit
    of 30 milligrams per liter
    (mg/i)
    for biochemical
    oxygen demand
    (BOD) and 37 mg/i
    for
    total
    suspended solids
    (TSS)
    during
    the time period that the water
    level
    in its existing
    single-cell lagoon
    is lowered so that improvements can
    be made to
    the present lagoon.
    The Good Hope Sanitary District owns and operates
    a sewage
    treatment plant which serves
    a population of 570
    in the
    municipality
    of Good Hope
    in McDonough County,
    Illinois.
    The
    Petitioner’s sewage treatment plant, which receives only domestic
    sewage from the community,
    has
    a design average flow of
    57,000
    gallons per day
    (i.e., 0.057 million gallons per day) and
    discharges effluent
    to an
    unnamed tributary of the LaMoine River
    pursuant
    to the appropriate NPDES Permit authorization.
    (Rec.
    1).
    According
    to
    a lagoon exemption granted
    to the Good Hope
    Sanitary District by the Agency on May 19, 1977,
    the Petitioner’s
    single—cell lagoon system
    is required
    to meet final effluent
    limitations of
    30 mg/i for biochemical oxygen demand and
    37 mg
    /1
    for total suspended solids
    as monthly averages.
    Discharge
    monitoring reports submitted to the Agency by the Petitioner
    indicate
    the following effluent data
    for
    the past year:
    Month
    Flow
    (MGD)
    BOD
    (mg/i)
    TSS
    (mg/i)
    March, 1986
    0.033
    30
    6
    February, 1986
    32
    20
    January,
    1986
    0.033
    28
    5
    69-470

    —2—
    Month
    Flow
    (MGD)
    BOD (mg/i)
    TSS
    (mg/i)
    December, 1985
    0.036
    16
    7
    November,
    1985
    0.039
    7
    3
    October, 1985
    0.065
    21
    48
    September,
    1985
    0.021
    26
    73
    August,
    1985
    0.026
    29
    136
    July,
    1985
    0.014
    26
    77
    June,
    1985
    0.042
    31
    64
    May,
    1985
    0.117
    20
    46
    April,
    1985
    0.241
    21
    7
    Average
    0.061
    24
    41
    (Rec.
    2)
    At
    the present time,
    the Petitioner
    is
    involved
    in
    a project
    to upgrade
    its
    sewage treatment plant.
    The Good Hope Sanitary
    District
    is seeking authorization to “lower
    the water
    level
    in
    its lagoon
    to
    a depth
    of 18 inches
    to allow a berm to
    be
    constructed
    to form
    a smaller temporary lagoon cell within the
    present lagoon
    so that improvements can be made
    to the existing
    lagoon”.
    (Rec.
    2).
    During
    the time period that the lagoon water
    level
    is being
    lowered, the Good Hope Sanitary District plans
    to
    construct both sand filter
    and chlorination facilities and also
    anticipates
    the
    installation of temporary aeration equipment
    in
    the lagoon.
    (Rec.
    2).
    The Agency has indicated
    that the Good Hope Sanitary.
    District has requested
    a provisional variance only for the
    relatively short
    time period
    in which
    the lagoon water
    level
    is
    being drawn down
    to
    18 inches.
    The Petitioner plans
    to utilize
    the aerated temporary lagoon cell, dual intermittent sand filters
    and chlorination facilities
    to
    treat
    the incoming sewage while
    improvements
    to
    the existing
    lagoon are being finished.
    (Rec.
    2).
    In
    a letter dated April
    28,
    1986 from the President of the
    Good Hope Sanitary District
    to the Agency,
    the description of the
    planned process
    is as follows:
    .Improvements to the existing single cell
    lagoon include lowering the lagoon’s bottom
    elevation and the addition of dual
    intermittent sand filters with chlorination
    facilities.
    Lowering
    the existing lagoon’s bottom
    elevation necessitates construction of
    a
    temeporary
    earth berm within the existing
    lagoon
    cell.
    To facilitate construction
    of
    the berm,
    the Sanitary District proposes
    to
    69-47 1

    —3—
    lower
    the water
    level
    in the lagoon.
    Lowering the water level
    to eighteen
    inches would
    be
    a gradual process accomplished
    by slightly opening
    the drain valve located
    in
    the
    lagoon’s effluent structure.
    The valve
    would be operated
    in a manner that would
    limit
    the effluent
    rate.
    The Plant Operator would
    limit
    the
    effluent rate
    to approximately 143,900 gpd
    (2.5 x Influent Rate).
    This would allow the
    lagoon to maintain the greatest treatment
    possible and still
    lower
    the lagoon
    three feet
    in forty-five days.
    This rate should assure
    that sludge would
    not be removed from the
    lagoon bottom and deposited
    in the stream.
    Once the lagoon i~lowered,
    the
    contractor would
    begin construction of
    the
    berm.
    During construction, flow to the plant
    would proceed through the lagoon in normal
    manner and
    the drain
    valve would
    be closed
    to
    begin raising the lagoon’s water
    level.
    As
    the berm reaches completion,
    flow to
    the existing lagoon effluent structure would
    be eliminated.
    However, during development of
    the berm,
    the contractor would have installed
    the proposed sand filters and chlorination
    filters.
    Flow detained
    in the temporary
    lagoon would be pumped
    to the
    filters and
    chlorine basin prior
    to being discharged into
    the stream.
    The temporary lagoon would remain
    in operation until
    the lagoon rehabilitation
    was completed.
    Upon completing work within
    the lagoon,
    the temporary lagoon would be
    eliminated
    and
    the plant
    would be put into
    operation.”
    In reference
    to the potential environmental impact
    on the
    receiving stream during
    the lowering of the water
    level
    in the
    lagoon,
    the Petitioner
    has stated that it believes that there
    will
    be no long term adverse environmental impact.
    Although the
    Petitioner
    has admitted
    in Item
    6 of
    its April
    28,
    1986 letter to
    the Agency that “discharging partially treated wastewater may
    momentarily create
    a lower dissolved oxygen (D.O.)
    content
    in the
    receiving stream”,
    the Good Hope Sanitary District
    emphasizes
    that
    “flow within the stream should
    be adequate enough to
    maintain some dilution of the sewage which minimizes the effect
    of lower
    D.O.
    content”.
    Moreover, Item 6 also indicates
    that
    “the
    stream
    is not used for recreational purposes such as
    69-472

    —4—
    boating,
    fishing,
    etc.
    or
    as
    a source of potable water
    for
    any
    nearby communities” and concludes that
    “therefore,
    a lower D.O.
    content should
    not create any adverse effect”.
    In its Recommendation,
    the Agency has stated that it “agrees
    with Petitioner’s assessment of the environmental
    impact since at
    this time of year
    it can be expected that the flow
    in the
    receiving stream will be higher than normai”.
    (Rec.
    2).
    The Petitioner has considered alternatives
    to
    its planned
    lowering the water
    level
    in
    its existing lagoon and found such
    alternatives
    to be impractical.
    Item
    7 of
    its April
    28,
    1986
    letter
    to
    the Agency delineates
    the Petitioner’s consideration of
    the possibility of building
    the berm while the lagoon’s water
    depth would
    be
    at
    its normal operating
    level
    of five feet
    as
    follows:
    “Maintaining complete
    treatment
    of the sewage
    during construction of the
    temporary. earth
    berm would create several problems.
    First,
    the berm must be constructed
    to
    a certain
    degree of compaction
    in order
    to avoid
    seepage
    problems.
    It would
    appear
    to be an
    unreasonable hardship to attempt
    to obtain
    this degree
    of compaction
    in five feet of
    standing water.
    Second,
    no testing
    for
    the degree
    of
    compaction could
    be made while
    the berm was
    below water
    level.
    Therefore, several lifts
    of earth would
    be installed without any
    compaction tests being completed.
    Finally, constructing the berm
    in five
    feet of water
    would
    take more time and
    therefore be more costly than the proposed
    method of construction.”
    The Agency has carefully evaluated the Petitioner’s plan to
    lower
    the water
    level
    in
    its waste stabilization pond
    to
    facilitate improvements
    to the Good Hope Sanitary District’s
    sewage treatment facilities.
    It
    is estimated that the lowering
    of
    the water
    level
    in the lagoon can be completed
    in
    45 days and
    it
    is anticipated
    that the water
    level
    in the lagoon would
    subsequently be raised as soon as possible
    to effectuate prior
    treatment levels.
    Because the existing lagoon does not presently
    provide adequate treatment of the community’s sewage
    to meet the
    final
    effluent requirements set forth in the Petitioner’s NPDES
    Permit,
    the parties believe that the proposed operational
    improvements will facilitate compliance with the applicable
    effluent standards.
    69-473

    —5—
    In
    its Recommendation,
    the Agency states that “although
    Petitioner has not requested specific effluent limits during
    the
    period
    of lagoon drawdown,
    the Agency has determined that
    appropriate effluent limits of
    60 mg/i as monthly averages for
    both BOD and TSS would
    be appropriate during
    the variance period
    requested”.
    (Rec.
    3).
    The Agency believes that “these limits
    would
    allow Petitioner some leeway should the
    increased discharge
    rate cause
    a slight degradation of
    the
    effluent, but would not
    allow the discharge of raw sewage or bottom deposits”.
    (Rec.
    3).
    The Agency has also indicated
    that there are no federal
    regulations that would preclude the granting of
    the provisional
    variance and
    that there
    are no downstream public water supplies
    which
    would
    be affected by granting
    the requested relief
    to the
    Petitioner.
    (Rec.
    3).
    Furthermore,
    the Agency has emphasized that
    the “Petitioner
    has stated,
    and the Agency agrees,
    that the only alternative
    to
    lowering
    the water
    level
    in the existing lagoon,
    i.e.,
    constructing
    the berm in
    5 feet of standing water,
    is not
    a
    viable alternative.”
    (Rec.
    3).
    Additionally,
    the Agency has noted
    in
    its Recommendation
    that “Petitioner has stated that denial
    of
    its variance petition
    would create an arbitrary and unreasonable hardship since
    the
    existing lagoon must be dewatered in order
    to make
    the necessary
    improvements and constructing the berm
    for the temporary lagoon
    in
    5 feet of standing water would not allow for sufficient
    compaction
    to preclude seepage problems.”
    (Rec.
    3).
    The Agency
    stated that
    it “agrees
    that Petitioner would experience an
    arbitrary and unreasonable hardship
    if Petitioner’s variance
    request were denied.”
    (Rec.3).
    The Agency has therefore concluded
    that compliance with the
    applicable standards would impose an arbitrary or unreasonable
    hardship upon
    the Good Hope Sanitary District.
    (Rec.
    1:
    3).
    Accordingly,
    the Agency has recommended
    that the Board grant
    the
    Petitioner
    a provisional variance from 35 Ill.
    Adm. Code
    304.120(a),
    subject
    to certain conditions.
    Pursuant
    to Section 35(b)
    of the Illinois Environmental
    Protection Act,
    the Board will grant
    the provisional variance as
    recommended.
    This Opinion constitutes
    the Board’s findings
    of fact and
    conclusions of
    law
    in this matter.
    ORDER
    The Good Hope Sanitary District
    is hereby granted
    a
    provisional
    variance from 35
    Ill. Adm. Code 304.120(a)
    to allow
    the Petitioner
    to exceed
    the final effluent standards set by
    its
    69-474

    —6—
    NPDES Permit
    of
    30 mg/i
    for biochemical oxygen demand and
    37 mg/i
    for total
    suspended solids,
    subject to the following conditions:
    1.
    The provisional variance shall commence when the Petitioner
    begins
    to lower
    the water
    level
    in the existing lagoon and shall
    continue
    for
    45 days thereafter.
    2.
    During the term of this provisional variance,
    the
    Petitioner’s effluent shall
    be limited
    to 60 mg/i
    as monthly
    averages for both biochemical oxygen demand
    and total suspended
    solids.
    3.
    The Petitioner
    shall collect samples once
    a week and shall
    analyze
    each sample for biochemical oxygen demand
    and total
    suspended solids.
    Results
    of these analyses shall
    be tabulated
    and submitted
    to
    the Agency with the requisite monthly discharge
    monitoring report.
    4.
    The water
    level
    in the existing lagoon shall
    not be
    lowered
    below
    the
    18 inch level
    and at
    no time shall lagoon sludge and/or
    bottom deposits be discharged.
    5.
    The Petitioner
    shall notify Mr.
    Lyle Ray
    of the Agency’s
    Peoria Regional Office via telephone at 309/693—5463 when the
    drawdown of the lagoon water
    level
    is begun and ended.
    This oral
    notification shall be supplemented by
    a written confirmation that
    shall
    be submitted within
    5 days
    to:
    Illinois Environmental Protection Agency
    5415
    N. University Avenue
    Peoria,
    Illinois
    61614
    Attention:
    Mr. Lyle Ray
    6.
    The Petitioner
    shall submit
    a change
    order
    to the Agency’s
    Grant Administration Section should this provisional variance
    result in
    a cost savings from the original grant cost estimate.
    7.
    The Petitioner
    shall operate its treatment facility
    so
    as
    to
    produce
    the best effluent possible.
    8.
    Within 10 days
    of
    the date of the Board’s Order,
    the
    Petitioner shall
    execute
    a Certification of Acceptance and
    Agreement which shall
    be sent to Mr. James Frost of
    the Agency at
    the following address:
    Mr. James Frost
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    Springfield, Illinois
    62706
    69-475

    —7--
    This certification shall
    have the following form:
    I,
    (We),
    ,
    having
    read the Order
    of the
    Illinois Pollution Control
    Board
    in PCB 86-
    66,
    dated May 9,
    1986,
    understand and accept
    the said Order,
    realizing that such acceptance renders
    all terms
    and conditions
    thereto binding and enforceable.
    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 Opinion and Order w~s
    adopted
    on the
    ______________
    day of
    ~r?-i&~.
    ,
    1986 by
    avoteof
    _____________.
    0
    Dorothy M.
    G~mnn,Clerk
    Illinois Pollution Control Board
    69-476

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