ILLINOIS POLLUTION CONTROL BOARD
    December
    20,
    1985
    VTLLAGE
    OF AVISTON
    )
    Petitioner,
    v.
    )
    PCB 85—104
    ILLINOIS ENVIRONMENTAL PROTECTION
    A(~ENCY
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by 3.
    Marlin):
    This matter comes before the Board upon the filing by the
    Village
    of
    Avistori,
    Illinois (Aviston)
    of
    a July
    12,
    1985
    petition for variance from
    35
    Ill, Adm. Code 304.120(c)
    for
    its
    publicly—owned wastewat:er treatment plant
    (WWTP)
    discharge.
    Pursuant
    to
    a July
    19,
    1985 Board more information order, Aviston
    filed
    an amended petition on September
    9,
    1985.
    The Illinois
    Environmental Protection Agency (Agency) filed
    its recommendation
    to grant
    the variance on November
    5,
    1985.
    Hearing was waived
    and none was held.
    Aviston
    is located
    in Clinton County,
    Illinois.
    It
    discharges wastewater
    from its WWTP pursuant to NPDES permit
    number 1L0020001.
    Discharge
    is
    to
    an unnamed ditch of Lake
    Branch which
    is tributary to Sugar Creek
    and to the Kaskaskia
    River.
    The unnamed tributary has
    a
    7 day,
    10 year low flow of
    zero.
    The WWTP has
    a design average
    flow of 0.12 million gallons
    per day
    (MGD),
    a design maximum flow of
    0.3 MGD and a one—time
    maximum flow of 0.55 MGD.
    It consists of
    a contact stabilization
    unit,
    dual RBC’s,
    a secondary clarifier,
    tertiary sand filters,
    and chlorination equipment.
    Section 304.120(c) requires that Aviston’s discharge meet
    10
    mg/l biochemical oxygen demand
    (BOD)
    and
    12 mg/l total
    suspended
    solids (TSS),
    as does
    its NPDES permit.
    The discharge monitoring
    report
    (DMR)
    results submitted to the Agency by As.riston do not
    agree with the Agencyts sampling
    data.
    Aviston alleges
    that only
    in intensive wet weather does
    it exceed its permit
    limits, which
    is about
    20 percent
    of the time.
    Based on eight grab samples over
    a one—year period,
    the
    Agency’s data for BOD ranged from 11
    to
    97 mg/i with
    an average
    of
    36 mg/i,
    and TSS ranged from 6 to 80 mg/i with an average
    of
    27 mg/i
    (Agency Rec.
    at
    2).
    Of the eight samples collected,
    none
    met
    the DOD limits,
    only two met the TSS limit and the applicable
    ammonia
    limits
    were
    met
    only
    three
    times.
    Id.
    It
    is
    not
    clear
    67-81

    2
    whether the Agency
    is comparing
    a grab sample to
    a daily
    composite.
    The Agency’s data shows
    that Aviston
    is not meeting
    the effluent
    limits even during dry weather
    flow.
    While Aviston claims that
    its discharges
    in excess
    of permit
    limits occur only during
    intensive wet weather when the ditch
    is
    relatively full,
    and the Agency claims that excess discharges
    do
    occur
    at low flow,
    both agree that any impact
    to the environment
    would
    be minimal.
    The Board
    finds
    that
    for the short
    term of any
    variance
    at the present discharge levels,
    adverse environmental
    impact will be minimal.
    While Aviston makes
    no claim that immediate
    compliance with
    Section 304~l20(c)would impose an arbitrary or unreasonable
    hardship,
    the Board
    construes the petition
    as alleging the
    requisite hardship.
    The Board
    finds
    that immediate compliance
    with Section 304.120(c) would impose
    an arbitrary or unreasonable
    hardship
    on Aviston.
    The Board agrees with Aviston
    and the
    Agency to grant
    the variance for one year subject
    to conditions.
    Because further information
    is needed
    to prepare
    a proper
    compliance plan,
    the conditions
    of the variance essentially
    require
    a compliance plan to be developed and submitted within
    nine months
    of the date
    of this Order.
    There have also been
    ammonia nitrogen violations.
    An ammonia nitrogen limit will
    be
    imposed during flows
    in excess
    of 0.12 MGD.
    The Agency has
    requested imposition
    of a condition requiring Aviston to obtain
    a
    Class
    2 operator for its plant.
    It has been represented that
    Aviston has agreed to this condition.
    Since Aviston has not
    responded otherwise,
    and the condition appears reasonable,
    the
    Board will impose it.
    This Opinion concludes the Board’s
    findings of
    fact and
    conclusions
    of law in this matter,
    Order
    The Village
    of Aviston
    is granted
    a variance
    from 35
    Ill.
    Adm.
    Code 304.120(c)
    for its wastewater treatment plant discharge
    subject
    to the following conditions:
    1.
    This variance begins on the date of
    this Order and expires
    on
    December 20,
    1986.
    2.
    When the monthly average
    flow exceeds
    0.12 MGD
    (DAF),
    the
    effluent shall meet
    30 mg/l BOD,
    30 mg/l TSS and 10 mg/i
    ammonia nitrogen,
    all on
    a monthly basis.
    3.
    When the monthly average flow
    is less than 0.12 MGD (DAF),
    Petitioner
    shall meet final effluent
    limitations
    in
    its NPDES
    permit.
    4.
    Petitioner
    shall obtain the services
    of
    a Class
    2 operator
    within three months of
    the date of
    this Board Order.
    67-82

    3
    5.
    Petitioner shall submit
    a report within nine months
    of the
    date
    of
    this Order on
    its progress and plans
    to achieve
    compliance.
    The report shall
    include:
    a)
    Analysis of alternative means
    of achieving compliance,
    b)
    Complete and detailed basis of design for proposed
    alternatives,
    c)
    Cost analysis of alternatives,
    d)
    Schedule of
    implementation,
    and
    e)
    Method
    of financing
    and shall be sent to the address
    in paragraph
    6 below,
    6.
    Petitioner
    shall execute and forward to James
    C.
    Frost,
    Illinois Environmental Protection Agency,
    Compliance
    Assurance Section, Division of Water Pollution Control, 2200
    Churchill Road,
    Springfield,
    IL 62706,
    and to the Pollution
    Control Board, within twenty—eight days after the date of
    the
    Board Order herein
    a Certificate of Acceptance
    and Agreement
    to be bound to all
    the terms and conditions of this Variance.
    This period shall
    be held
    in abeyance during any appeal of
    this matter.
    The form of
    said Certificate
    to be as follows:
    CERTIFICATION
    Village
    of Aviston,
    an Illinois municipal corporation, has
    received and understands the Order of the Illinois Pollution
    CorILLO1 Board
    in PCB 84—104 and hereby accepts
    said Order and
    agrees
    to be bound to all
    of the terms and conditions thereof.
    By:
    Michael
    B. Buscher
    President,
    Board of Trustees
    Date
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Opiniç~and Order was
    adopted on the
    _______________
    day of
    ~Jtc.--~
    Lc~-i,
    ,
    1985
    by
    a
    vote of
    ___________________
    )
    I).
    .
    ~
    -
    Dorothy M.’Gunn, Clerk
    Illinois Pollution Control Board
    67-83

    Back to top