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