ILLINOIS POLLUTION CONTROL BOARD

March 14, 1986

CITY OF CHARLESTON,

Petitioner,

v.

)

PCB 86—40

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by W.J. Nega):

This provisional variance extension request comes before the

Board upon a March 14, 1986 Recommendation of the Illinois

Environmental Protection Agency (Agency). The Agency recommends

that a 21-day provisional variance extension be granted to the

City of Charleston (City) from 35 Ill. Adm. Code 304.121

(bacteria) while installation of a new chlorinator and related

equipment is completed. (Rec. 1). The Board previously granted

the Petitioner a 45—day provisional variance in PCB 85—207.

(See: Opinion and Order of December 20, 1985 in City of

Charleston v. IEPA, PCB 85—207).

In reference to the rationale for the requested relief, the

Superintendent of the City’s wastewater treatment facilities,

Mr. Gary Brinkmeyer, indicated in a letter to the Agency dated

March 3, 1986 that:

“...the City of Charleston WWTP was granted

a provisional variance by the I.P.C,B. from

meeting the Fecal Coliform standard for a

period of 45 days. The stated purpose for

this was the installation of a new flow

proportioning chlorination system. Work began

on the removal of the old system and

installation of the new on January 21, 1986,

with the variance due to expire on March 7,

1986.

To date, the old system has been removed, with

the new chlorinator being totally installed,

including electrical work. However, a

situation with a backorder of plastic piping

fittings for the new pump is jeopardizing the

startup...to assure completion of the

chlorinator installation and startup.... The

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variance extension would move the time of

final project completion to Friday, March 28,

l986...as I cannot know at this time when the

aforementioned backordered parts will

arrive...”

The Petitioner owns and operates wastewater treatment

facilities (WWTP) which serve a population of about 19,400

including the residences and commercial establishments in the

City of Charleston. The City’s WWTP includes activated sludge

units, sludge digestion and drying, clarifiers, and an excess

flow lagoon which also allows for effluent chlorination. The

WWTP, which has a design average flow of 4.0 million gallons per

day, discharges its effluents into Cassell Creek which then

empties into Riley Creek, then into Kickapoo Creek, and finally

empties about 4 to 6 straight lines miles downstream into the

Embarras River.

The Petitioner’s effluent is currently limited by NPDES

Permit #IL002l644. The permit allows a fecal coliform daily

maximum of 400/100 milliliters (ml). A summary of fecal coliform

levels in the Petitioner’s discharge as reported on its discharge

monitoring reports is as follows:

Month

Maximum

# of Violations

(#/lO0 ml)

During Month

1/86

560

1

12/85

TNTC

8

11/85

3600

7

10/85

6200

9

9/85

920

3

8/85

670

2

7/85

230

0

6/85

TNTC

5

5/85

TNTC

2

4/85

TNTC

3

3/85

TNTC

2

2/85

530

1

1/85

TNTC

2

12/84

TNTC

2

11/84

370

0

TNTC

=

Too Numerous To Count

(Rec. 1)

The City presently has a pressure—operated chlorinator which

was installed in 1970. The controls on this old chlorinator are

broken and, as a consequence, appropriate levels of chlorine

cannot always be applied. This results in effluent noncompliance

and periodic fecal coliform violations. (Rec. 2). Therefore,

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the City has purchased a new, safer, vacuum—operated, flow—

proportioning chlorinator. Accordingly, the Petitioner requested

a provisional variance in PCB 85—207 to install the newly

purchased chlorination system following the removal of the old,

pressure—operated chlorination system. The City indicated in PCB

85—207 that the old chlorination system and pump needed to be

removed from the chlorine building before the installation of the

new system and that the requisite piping, electrical, and

instrumentation needed to be installed.

As previously indicated, the City has now already completed

the installation of the new chlorinator and finished the

requisite electrical work. However, due to a backorder of

plastic pipe fittings for the new pump, the City is unable to

startup the new chlorinator by March 7, 1986 as originally

anticipated in its provisional variance request in PCB 85—207.

(Rec. 2).

The Agency believes that the environmental impact of the

proposed provisional variance will be minimal and indicates that

past noncomplying discharges have not seemed to have a

detrimental effect upon the receiving stream. (Rec. 2).

Moreover, the Agency believes that there will be no adverse

impact on any downstream water supplies. The closest downstream

public water supply is approximately 40 to 45 miles downstream

from the Petitioner’s discharge at the City of Newton.

Additionally, the Agency is not aware of any federal regulations

which would preclude the granting of the requested relief. (Rec.

2).

The Agency has concluded that compliance with the provisions

of 35 Ill. Adm. Code 304.121 would impose an arbitrary or

unreasonable hardship upon the City of Charleston. The Agency

notes that it is physically impossible for the City to replace

the chlorinator and simulaneously maintain chlorination of its

effluent during the changeover. Accordingly, the Agency has

recommended that the Board grant the Petitioner a provisional

variance from 35 Ill. Adm. Code 304.121, subject to specified

conditions.

Pursuant to Section 35(b) of the Illinois Environmental

Protection Act, the Board hereby grants the provisional variance

extension as recommended.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The City of Charleston is hereby granted an extension of its

provisional variance from 35 Ill. Adm. Code 304.121 for a period

of 21 days, subject to the following conditions:

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1. This provisional variance extension shall commence on

March 8, 1986, and shall terminate when the chlorinator and its

appurtenances are returned to service, or within 21 days,

whichever occurs first.

2. The Petitioner shall notify the Agency’s Champaign

Regional Office by telephone within 24 hours of the above

actions. These notifications shall be followed by written notice

to be sent to the Agency within 5 days at the address shown

below.

3. The Petitioner shall complete the installations as

expeditiously as possible.

4. Within 10 days of the date of the Board’s Order, the

Petitioner shall execute a Certificate 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

Compliance Assurance Section

2200 Churchill Road

Springfield, Illinois 62706

This certification shall havethe following form:

CERTIFICATION

I, (We),

,

having read

the Order of the Illinois Pollution

Control

Board in PCB 86—40,

dated March 14, 1986, understand and accept the said Order,

realizing that such acceptance renders all terms and conditions

thereto binding and enforceable.

Peti tioner

By: Authorized Agent

Title

Date

IT IS SO ORDERED.

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Chairman Dunielle concurs.

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 ‘~c’,2~4

,

1986 by a vote

of

7—~2

Dorothy M./~3unn, Clerk

Illinois Pollution Control Board