ILLINOIS POLLUTION CONTROL BOARD
    August
    15,
    1985
    VtLJAGE
    OF
    LENA,
    Petitioner,
    v.
    )
    PCB 85—117
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by W.
    3. Nega):
    This provisional variance request comes before
    the Board
    upon an August
    13, 1985 RecommendatiOn
    of the Illinois
    Environmental Protection Agency (Agency).
    The Agency recommends
    that
    a 45—day provisional
    variance be granted
    to the Village of
    Lena (Lena)
    from 35 Ill. Adm.
    Code 304.141(a)
    to allow the
    draining of
    its wastewater treatment plant’s lagoon
    to facilitate
    removal
    of sludge from the lagoon.
    (Rec 1).
    The village of Lena owns and operates
    a wastewater
    treatment
    facility
    (WWTP)
    which has a design average flow of
    0.20 million
    gallons per day
    (MGD)
    arid consists of
    a trickling filter,
    two
    primary clarifiers,
    a final clarifier,
    a polishing lagoon,
    and
    effluent chlorination.
    The Petitioner’s WWTP discharges
    its
    effluent
    to an unnamed tributary of Yellow Creek
    which
    is
    tributary to the Pecatonica River pursuant
    to
    its NPDES
    permit #IL0024945.
    (Rec 1).
    The Petitioner’s NPDES Permit provides that the city’s
    wastewater
    treatment facilities must meet interim effluent limits
    of
    45 milligrams per liter
    (mg/l)
    as monthly averages
    for both
    biochemical
    oxygen demand
    (BOD)
    and total suspended solids
    (TSS).
    (Rec
    2).
    During
    the past year,
    the Petitioner’s discharge monitoring
    reports to the Agency pertaining to BOD and TSS
    in its effluent
    have indicated the following concentrations:
    Month
    Flow
    (Mc~D)
    BcD (mg/i)
    TSS
    (m~/l)
    June, 1985
    0.20
    47.2
    32.8
    May, 1985
    0.23
    20.2
    17.4
    April, 1985
    0.25
    26
    16
    March, 1985
    0.60
    20.5
    18.2
    February, 1985
    0.25
    28.5
    18
    January,
    1985
    0.25
    26.8
    27.2
    December,
    1984
    0,24
    19.6
    20.8
    65~305
    —2—
    Month
    Flow
    (MGD)
    BaD
    (mg/i)
    TSS
    (mg/i)
    November, 1984
    0.26
    36.8
    30
    October, 1984
    0.20
    30
    25.5
    September, 1984
    0.22
    24
    18
    August, 1984
    0.20
    24
    18
    July, 1984
    0.20
    18
    12
    Average
    0,26
    26.8
    21.8
    (Rec.
    2)
    in order
    to clean
    the accumulated
    sludge out
    of
    the
    polishing lagoon, Lena plans to first drain
    the lagoon and then
    blend
    the water with the secondary effluent at the chlorination
    facilities before discharging
    the water
    after chlorination.
    (Rec.
    2).
    The Petitioner intends
    to store
    the sludge removed
    from
    the lagoon on sludge drying beds
    “until
    a permit
    for
    land
    applying
    it
    is received”.
    (Rec.
    2).
    Lena has stated that the BOD and TSS of
    the secondary
    effluent are respectively about 38 mg/I and
    32 mg/i.
    The
    BOlD and
    TSS of
    the water
    in
    the polishing lagoon are approximately 43
    mg/i and
    39 mg/i,
    respectively.
    (Rec.
    2).
    The Agency has ascertained that “there
    is no better
    alternative
    to draining the polishing lagoon
    to remove
    the
    sludget’
    and expects
    the environmental impact
    to be minimal given
    the short duration of
    •the expected discharge and the data on BOD
    and TSS.
    (Rec.
    2—3).
    It
    is expected that
    the total
    volume of
    water involved
    in draining the Petitioner’s polishing lagoon will
    be approximately 600,000
    to 650,000 gallons which will
    be
    discharged
    over
    a period of several days.
    (Rec.
    3).
    The Village of Lena contends that denial of
    its requested
    provisional variance would create an arbitrary or unreasonable
    hardship 8because the work can be done during
    the dry part of the
    summer when influent flows
    are lower”,
    thereby resulting in
    higher treatment efficiency through the secondary process which
    will
    increase the quality of the combined effluent.
    (Rec.
    3).
    Moreover, work during this summer period will expedite
    the prompt
    removal
    of the accumulated sludge from Lena’s polishing lagoon
    and allow it
    to
    be returned
    to
    service sooner.
    (Rec.
    3).
    The Agency agrees with the Petitioner’s assessment of
    hardship and has therefore concluded that compliance with the
    requisite NPDES Permit standards would
    impose an arbitrary or
    unreasonable hardship upon the Village of Lena.
    (Rec.
    3).
    The
    Agency has noted
    that there
    are no federal regulations which
    would preclude
    the granting
    of
    the
    requested provisional variance
    and indicates that there
    ace
    no
    public water supplies which will
    be affected
    by such
    a provis:ional variance,.
    (Rec.
    3).
    Accordingly, the Agency
    ha~recommended
    that the Board grant the
    Petitioner
    a provisional variance from 35
    Ill. Adm. Code
    304.14:1(a), subject
    to various specified conditions.
    65-306
    —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
    Village
    of
    Lena
    is
    hereby granted
    a provisional
    varianct.~
    from
    35
    ill.
    Adm,
    Code
    304.141(a)
    to
    allow
    the
    draining
    of
    its
    ~astawater
    treatment
    plant’s
    polishing
    lagoon
    to
    facilitate
    sludge
    removal,
    subject
    to the following conditions:
    1.
    This provisional variance shall commence on August
    15,
    1985
    and
    shall
    continue
    until
    September
    30,
    1985,
    or
    until
    the
    polishing
    lagoon
    is
    returned
    to
    service,
    whichever occurs
    first,
    2.
    During
    the period of
    this provisional variance, eff1uen~:
    shall be
    limited to 55 mg/I
    for both HOD
    and
    TSS.
    3.
    The Petitioner
    shall sample
    the effluent and perform
    laboratory analyses as required
    in its NPDES Permit
    ~IL0024945.
    The
    results
    of
    each
    sample
    collected
    shall
    be
    submitted
    to
    the
    Agency
    along
    with
    the
    Petitioner’s
    discharge monitoring report.
    4.
    The
    Petitioner
    shall
    notify
    Helen
    Lai
    of
    the
    Agency’s
    Rockford Regional Office via telephone at 815/987—7755
    when draining of the polishing lagoon is begun, when
    sludge removal
    is begun,
    and when the polishing lagoon
    is returned
    to service,
    Each telephone notification
    shall
    be confirmed
    in writing within
    5 days.
    Such
    written notification shall
    be submitted to:
    Illinois Environmental Protection Agency
    4302 N. Main Street
    Rockford,
    Illinois
    61103
    Attention:
    Helen Lai
    5.
    The Petitioner
    shall operate and maintain the wastewater
    treatment facility so as
    to produce the best effluent
    practicable.
    6.
    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:
    65-307
    —4—
    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:
    I,
    (We)
    ,
    having read
    the Order of the Illinois Pollution Control Board
    in PCB 85—117
    dated
    August 15,
    1985, understand
    and accept 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
    /~4-’
    day of
    _____________________,
    1985 by a
    vote of
    7-O
    ,
    Y2L
    /‘~/
    Dorothy M.7Gunn, Clerk
    Illinois Pollution Control Board
    65-308

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