ILLINOIS POLLUTION CONTROL BOARD

September

5, 1985

CITY OF WEST CHICAGO,

)

)

Petitioner,

)

)

v.

)

PCB 85—2

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

SUPPLEMENTAL OPINION AND ORDER OF THE BOARD

(by J.

Anderson):

On July 29, 1985, the Agency moved the Board to reconsider

its June

13,

1985 Opinion and Order granting West Chicago

variance from 35 Iii. Adm. Code 304.106, 304.120, 304.121, and

304.105

as

it applies

to 302.203, as well as from conditions

A

and D of the Stipulation accepted by the Board in PCB 77-155.

The

Agency

requested

that

~the

Board

modify

its

prior

action

to

include

conditions

requiring

the

City

to

maintain

a

chlorine

residual

residual

between

.2

and

.75

mg/i

and

to

test

the

chlorine residual concentrations

5

times

per

week

sc~e

Rec.,

124

(d,f).

The Agency asserts that these conditions are a necessary

substitute for the Eecal coliform effluent standard from which

variance was granted, to insure that the City does not “simply

turn off its chlorination during periods when the plant exceeds

its design maximum flow.”

The City, in its August

5,

1985

response to this Agency motion, states that it has no objection

to addition of these conditions to the variance granted.

The Board hereby grants the motion to reconsider and to

modify its Opinion and Order as requested,

as the reason for

inclusion of

the chlorine residual conditions

has now been

explained.

The Opinion is modified as explained in paragraph one

of

the Order below.

For the administrative convenience of the

parties, the Order,

as modified by today’s action,

is

set out

in

its entirety.

This Supplemental Opinion and Order constitutes

the Board’s

supplemental findings of fact and conclusions of law in this

matter.

ORDER

1)

The Board’s Opinion of June 13,

1985 is modified as

follows:

delete on p.

3,

1st full paragraph, lines

7-8, the

parenthetical phrase following the word “imposed.”

65-419

---

-2-

2)

The City of West Chicago is hereby granted a variance

from conditions A and D of the Stipulation and Proposal f~r

Settlement adopted in PCB 77-115, and from 35

Iii.

Adm.

Code

304.106, 304.120 and 304.121 and from 35 Ill.

Adm. Code 304.105

a~it

applies to 302.203, subject to the following conditions:

a)

This variance shall begin on commencement of

construction of improvements to the excess flow

facilities and shall continue until

90 days after that

construction is completed, but in no event beyond

November

1,

1986.

b)

This variance shall be contingent upon either

1) the

amendment of the Consent Decree in City of West Chicago

v. Douglas Costle et al.

77 C 1615

(N.D.

Ill)

as

proposed in

paragraph

(a) of West Chicago’s January

7,

1985,

“Petition for Variance” or

2)

the approval

by

tJSEPA of

a permit modification issued to reflect the

provisions

of

the

Board

order.

c)

This variance is applicable only to the effluent from

Outfall 002,

(as described in NPDES Permit 1L0023469)

and shall only be applicable during periods when the

plant exceeds its Design Maximum Flow.

d)

West Chicago’s effluent from Outfall 002 shall not

exceed:

BOD

50

mg/i

as

a

monthly

average

TSS

50

mg/I

as

a

monthly

average

Chlorine

Residual

between

.2

and

.75

as

a

daily

average

e)

West

Chicago

shall

test

for

chlorine

residual

by

a

arab

sample

five

(5) times per week and shall report

t.hes~

results

on

its

Discharge

Monitoring

Reports.

f)

West

Chicago

shall

notify

the

Agency

in

writing

within

five

(5)

days

of

the

commencement

of

filling

operations

in lagoon

#4 and shall also report quarterly,

with the

first report due July 1, 1985, on the progress of

the

construction of the excess flow facilities.

Those reports shall be sent to:

Illinois Environmental Protection Agency

Division of Water Pollution Control

Compliance Assurance Section

2200 Churchill Road

Springfield,

IL 62702

Attention:

James Frost

65-420

---

-3-

A copy of these reports shall also be sent to:

Illinois Environmental Protection Agency

Division of Water Pollution Control

Field

Operations

Section

The

Intercontinental

Center

Suite

600

1701 First Avenue

Maywood,

IL 60153

Attention:

Theodore Denning

g)

Within 45 days of the date of this Order, the City of

West

Chicago

shall

execute

a

Certification

of

Acceptance

and Agreement to be bound to all terms and conditions of

this variance.

Said Certification shall be submitted

to

the Agency at 2200 Churchill Road,

Springfield, Illinois

62706.

The

45

day

period

shall

be

held

in

abeyance

during any period that this matter is being appealed.

The form of said Certification shall

be

as follows:

CERTIFICATION

Petitioner

Authorized Agent

Title

Date

IT

IS

SO

ORDERED.

J.

D. Dumelle concurred.

I,

(We)

.

,

hereby

accept and agree to be bound by all terms and conditions

of the

Order of the Pollution Control Board

in PCB 85-2,

as issued June

13, 1985,

and modified September

5,

1985.

65-421

---

—4-

I, Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board hereby certify that the above Supplemental Opinion and

Order was adopted on the

5-t~

day of

~

1985, by a vote of

7—0

•

C!

~Q6~A

)7~

£_t_

Dorothy H.

G(inn, Clerk

Illinois Pollution Control Board