29 6.3 19 10 32
59-08

ILLINOIS POLLUTION CONTROL BOARD

July 17, 1984

VILLAGE OF ODIN,

Petitioner,

)

PCB 84—88

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by W. J. Nega):

This provisional variance request comes before the Board

upon a July 13, 1984 Recommendation of the Illinois Environmental

Protection Agency (Agency). The Agency recommends that the Board

grant the Village of Odin a 45-day provisional variance from

35 Ill. Adm. Code 304.120 to allow a temporary discharge from the

proposed holding lagoon, 

necessary, during the period of time

that the existing municipal sewage treatment plant is shut down

for maintenance and repairs.

its Recommendation, the Agency apparently inadvertently

omitted the requisite

language mandated by Section 35(b) of the

Illinois Environmental Protection

Act (Act) pertaining to “arbi-

trary

or

unreasonable

hardship”, 

Section 35(b) of the Act reads

as

follows:

“The Board shall grant provisional variances, only

upon notification fran the 

Agency that car~liance on

a short term basis with any rule or regulation,

requir~ent or orc~r

of

the Board, or with any

petr~itr~uir~nentwould iirç~osean arbitrary or

unreasonable hardship. Such provisionai variances

shall ~ issued within 2 working days of notifica-

tion frcm the Agency.”

Accordingly, the

Board notified the Agency about the afore~

mentioned language omission,

and

the

Respondent 

filed a

Supplement

to the Agency Recommendation on July 16, 1984 which

corrected 

the

language problem.

On May 31, 

1984, the Petitioner had previously filed a

Petition for Variance in PCB 84—65 which 

requested a variance in

order to construct a temporary

lagoon to hold and treat its

wastewater 

while its

municipal wastewater treatment plant is shut

down for necesseary maintenance, On July

9, 1984, the Village of

Odin filed

a

letter with the Board which requested permission to

59.03

—2—

withdraw its previously filed variance petition in light of its

pending provisional variance request. On July 17, 

1984, prior to

consideration of this provisional variance, the Board entered an

Order granting 

the

Petitioner’s motion for withdrawal of its

variance petition and dismissed the case having the docket number

PCB

94-~65.

The Village of 

Odin,

which has a population of 1,263 people,

is located in Marion County. The Petitioner’s wastewater treatment

plant 

(WWTP),

which was built 

1963, operates pursuant to its

NPDES Permit No, 1L0022616 which establishes an interim discharge

limit of 30 milligrams per liter (mg/I) for five—day biochemical

oxyen demand (BOD) and also sets a limit of 30 mg/i for total

suspended solids (TSS). Any discharges from the lagoon are

expected to be approximately 50 mg/l for BOD and TSS, although

such discharges are not anticipated to occur unless excessive

rainfall occurs during the repair period. (Rec. 1—2, 4—5).

The village’s WWTP, which has a design average flow of 0.2

million gallons per day (mgd), includes a collection and treatment

system consisting of various sewers, a comminutor bar screen, two

lift

stations, a “package” contact stabilization unit and

chlorination, (Rec. 1—2), Because 

the Petitioner’s

“package”

contact stabilization unit consists of a single treatment cell,

there is no provision for treatm-~ntof the effluent in a parallel

unit 

while

the contact stabilization unit is inoperable. (Rec. 2).

The Petitionei’s proposed maintenance and repair plan, 

which

is expected to cost approximately $50,000, includes: (1) drainage

and cleaning of its tanks; (2) removal of all sludge, grit, and

debris; (3) replacement or repair of 

the

air distribution system

as needed; (4) repair of the sludge collection equipment; (5)

sandbiasting, repair, and application of protective coatings to

all

internal tank structures, and (6) inspection and replacement

valves as needed, (Rec. 2~3)~.The village has estimated that

all

maintenance activities can be completed in about 20 working

days.

in its Recommendation, the Agency has indicated that it

does

not disagree with the village’s assessment of the condition

of the

WWTP and agrees that the proposed repairs and maintenance

are both

necessary and overdue, (Rec. 2).

reference to the possibility of a construction grant to

aid in financing the maintenance program, the Agency has indicated

that,

although the Petitioner 

in the Construction Grants

Programs

its priority number is 606. Because anticipated funding

levels will only fund projects that have priority numbers 

less

than

600, the ability of the State of Illinois to offer a grant

at

this time to

the Village of Odin is considered by the 

Agency

to be “too speculative to delay maintenance”, (Rec. 3)~.

The Agency has stated that there appears to be no 

reasonable

a~ternativeto the maintenance plan proposed by the Village of

Odin0

It would not be economically feasible to design and 

construct

59-04

a paul id treatment unit capable of achieving the

requisite

NPDEB

effluent limits, since the cast would be about 

$1,100,000.

(Mc. 3).

The Village of Odin’s WTP discharges effluent into an

unnamed tributary of

Turkey Creek end 

then

to Crooked 

Creek end

the Kaskaskia River pursuant to its NPDES

Permit

•

Each of then

waters has been classified as a ‘general use’ water. (Mc. 3).

The nearest monitoring station is

located

about 3 

•

7

miles

south

of the Village of Odin upstream of the

junction

Turkey Creek

with

Crooked Creek.

The closest

downstream

monitoring station

about

twenty—five

river miles from the Village of Odin. (Dec.

3—4). According to the Agency, the nearest monitoring station

produced the

following 

data in 1981 for the months of June, July,

and September:

OXYGEN

COLIFONI

SOLIDS

STRENI.

DEMAND,

FECAL,

RESIDUE

FLW,

OXYGEN,

CHEMICAL

0.45

105

INSTANe

DISe

(LW

(JI.NF

DEG. C,

TANEOUS

SOLVED

LEVEL)

(COLS. /

SUSPENDED

(CFS)

(MGIL)

(MG/L)

100

ML)

(VIG/L)

DATE

(00061)

(00300)

(00335)

(31616)

(00530)

JIM

2.5

5.9

700

Jut

1.5

3.2

4.3

2600

160

SEPT

6.3

The

Agency

believes 

that the

addition of an average effluent

flow

between

0.1

mgd

and 0.2 

mgd

containing 50 mg/i of DOt. and

50 mg/i of tsS would not result in any appreciable or

permanent

environmental

impact

for the short

time period

of the provisional

variance. (Dec

•

Moreover, the design of the

temporary

lagoon

with a capacity of 

two

million gallons

is

expected

to be 

large

enough to contain

the

entire influent during the twenty day

repair

period, based on the following monthly flow data

which the

Agency derived from the Petitioner’ s discharg. monitoring reports

$

Flcw(mgd)

VCD(ug/1)

TSS(mg/1)

Month

30 dPi Ave.

30 dpy Ave. 7 ~y Ave.

30s2~A,c. 7 div

Ave.

12183

0.191

12.4

23.0

18.2

23.0

11183

0.129

17.3

23.6

9.3

13.0

10183

0.092

7.3

10.0

12.3

14.0

9/83

0.064

11.5

14.4

26.0

35.0

8/83

0.069

15.0

18.0

19.0

29.0

7/83

0.100

itO

24.2

33.0

44.0

6/83

0.132

18.5

25.6

22.0

45.0

4—

According to the Agency~s analysis of the above delineated

data~ it

is

believed that the receiving streams will probably

receive no 

effluent at

all

during the time the repair work

is in

progress. If

excessive rainfall happens to occur during the

repair periods the Agency expects that only a limited amount of

effluent 

will be discharged into the receiving streams, Further-

more, if such excessive rainfall caused release from the temporary

lagoon, it would be into a stream already carrying runoff for

dilution. (Rec. 4—5). Additionally, the Agency notes that the

Petitioner’s WWTP has the ability to aerate the lagoon 

for odor

control and that the effluent in the lagoon will give off no more

odor than normal for this type of operation. (Rec. 4—5).

The Petitioner’s NPDES Permit contains Standard 

Condition

13. which allows a “bypass” discharge if unavoidable to

prevent

loss of life or severe property damage. The Agency points out

that raw sewage would be discharged directly to the tributary

without any improvement from the lagoon if the village’s WWTP

failed due to the absence of the necessary maintenance,

thereby

causing significant environmental problems. The proposed repair

plan is designed to facilitate the completion of 

the necessary

maintenance at a time when the environmental impact, if any, will

be minimized and for which the delay of a regular variance pro—

ceedirig would endanger the ability of the facility to protect

water quality.

Thus, potential environmental injury will be

avoided and no (or very little) discharge will result.

The Agency believes that the denial of the provisional

variance 

would

impose an arbitrary or unreasonable hardship on

the Petitioner, Thus, 

the Agency recommends

that the Board grant

the Village of Odin a 45—day provisional variance from

Section 304.120, subject to certain conditions.

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

Odin is hereby granted a

45~day

provisional

variance from 35 Ill. Adm, Code 304.120 to allow

a

temporary

discharge from the 

proposed holding lagoon, if

necessary, 

during

the period of time 

that its wastewater treatment

plant is 

shut

down 

for maintenance and repairs, subject to the following

conditions,

The variance period shall extend to a maximum of 45 

days

from

the draining of the treatment unit to the closure of the

lagoon 

as

specified. in item #6 of this Order, but in no case

longer than September 30, 1984.

59-06

2. The lagoon shall be designed to:

a)  Hold approxImately 2.0 mi~.liongallons before

discharge;

b)  Allow aeration if necessary to control odor;

and

Have a definite outfall to enable

effluent

sampling and minimize erosion.

3, Any effluent shall be:

a) Grab sampled on a daily basis by the Petitioner

with results reported to the Agency within 10

days of sampling;

b)  Limited to 50 mg/I of BOD and 50 mg/l of TSS;

and

In compliance with the other conditions of its

NPDES Permit No. 1L0022616,

4. Mr. James Frost of the Agency shall he notified by

telephone

(217/782—9730) 

of

the:

a)  Start of construction of the lagoon;

b)  Start of repairs to the treatment plant;

c)  Completion of repairs; and

d)  Closing of the lagoon.

5. This notification call shall be confirmed in writing to:

Mr. James Frost

Illinois Environmental Protection Agency

Division of Water Pollution Control

Compliance Assurance Section

2200 Churchill Road

Springfield, Illinois 62706

6. At the completion of repairs, the remaining standing

water in the lagoon will be pumped through the plant for treatment

before discharge or otherwise disposed of in a manner 

approved by

the Agency.

7. After closing and filling, the lagoon shall be graded

and

seeded to minimize erosion,

8. Within 

10 days of

the date of the Board’s Order, the

Village of

Odin 

shall execute a Certificate 

of Acceptance 

and

59-07

Agreement which shall be sent to Mr. James Frost, Illinois

Environmental Protection Agency, Division of Water Pollution

Control. Complaince Assurance Section, 2200 Churchill Road,

~pringfieId,

Illinois 62706. This

certification shall have the

following form:

CERTIFICATION

I, (We),

having read

the Order of the Illinois Pollution Control Board in PCB 84—88

dated July 17, 1984,

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

/7~- day of 

_________,

1984 by a 

vote 

of

s~o

,~.

Dorothy M. G~nn,

Clerk

Illinois Pollution Control

Board

59-08