ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1985
    CIT~ OF CHARLESTON,
    Petitioner,
    PCB 8~—207
    tLLINOIS ENVIRONMENTAL
    3
    PROTECTION AGENCY,
    Respondent0
    )
    OPINION AND ORDER OF THE BOARD (by W.J. Nega):
    This provisional variance request comes before the Board
    upon a December 18, 1985 Recommendation of the Illinois
    Environmental Protection Agency (Agency). The Agency recommends
    that
    a 45—day provisional variance 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—2),
    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
    WW~P,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
    Einbarras River.
    The Petitioner’s effluent is currently limited by NPDES
    Permit #1L0021644. 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 During Month
    (#/100 ml)
    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
    87-143

    —2
    Month
    Maximum
    *
    of Violations During Month
    (*/l00 ml)
    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,
    the City has purchased a new, safer, vacuum—operated, flow-
    proportioning chlorinator.. Accordingly, the Petitioner has
    requested a provisional variance to install the newly purchased
    chlorination system following the removal
    of the old, pressure—
    operated chlorination system. The City has indicated •that the
    old chlorination system and pump have to be removed from the
    chlorine building before the installation of the new system and
    that the requisite piping, electrical, and instrumentation needs
    to be installed.
    The Agency belioves 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 re9ulations
    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, Furthermore, the new equipment
    was ordered several months ago, is presently available for
    installation, and, once installed, will help prevent effluent
    noncompliancea (Rec. 2), 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.
    67- 144

    —3—
    Pursuant to Section 35(b) of the Illinois Environmental
    Protection Act, the Board hereby grants the provisional variance
    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 a provisional
    variance from 35 Ill. Adm, Code 304.121 for a period of 45 days,
    subject
    tc the following conditions:
    1. This provisional variance shall commence when the
    chlorinato~: is removed from service and shall terminate when the
    chlorinator and its appurtenances are returned to service, or
    within 45 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 have the following form:
    67-145

    —~—
    CERTIFICATION
    I, (We),
    ,
    having read
    the Order of the Illinois Pollution Control Board in PCB 85—207,
    dated December 20, 1985, 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 was
    adopted on the
    ~O’ti-~ day of
    ~
    ,
    1985 by a vote
    of
    ________________
    ~2i.
    Dorothy M. ‘Gunn, Clerk
    *
    Illinois Pollution Control
    Board
    67-148

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