August

2,

1984

CITY OF MONMOUTH,

)

Petitioner,

v.

)

PCB 84—6

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by J.

Marlin):

This matter comes before the Board upon a January 18,

1984 petition for modification of the Board’s January 21,

1982 Order in PCB 79—249

(45 PCB 105) filed on behalf of the

City of Monmouth (City).

The petition essentially is both a

request for an extension of

a variance granted in PCB 79-249

and for a modification of the Order in PCB 80—107

(45 PCB 115,

January 21, 1982).

Both records are incorporated herein.

Variance is requested from 35

111.

Adm. Code 304.105,

304.301

and 304.120(c).

Amended petitions were filed on March

2, and

May 4,

1984.

The Illinois Environmental Protection Agency

(Agency) filed its recommendation on June 6,

1984 to grant

the variance subject to conditions,

Hearing was waived and

none was held.

Pursuant to the above Orders,

upgrading of the City’s

north wastewater treatment plant (North Plant) was to have

been completed by January 20, 1984.

Full operational status

was to be attained in one year.

An ammonia nitrogen evaluation

was due

ifl

two years.

The City r~q~iests

dft

~ddiLiond1 six

months because of

construction

delays.

The City alleges arbitrary or unreasonable hardship if

it

must comply with the original time schedule because of

construction delays which included a workmen strike threat,

lagoon cleaning difficulties, weather,

and delay in the

delivery of a gas burner and shop drawings for electrical

control panels.

Attempts at compliance have cost $1,560,655.59

which includes government grant money.

Discharge

is to an unnamed tributary of Markham Creek.

It has been classified by the Agency as semi-polluted which

refers to the benthic organism classification.

Flow continues

to Cedar Creek,

to the Henderson River and to the Mississippi

River, respectively.

Design average flow is 2.0 million gal-

lons per day.

The Agency asserts that the reason the City is

not meeting interim effluent limitations appears to be due to

construction.

The Agency further asserts that any adverse

impact to the receiving stream would be minimal.

59~.259

---

2

The Agency states that the requested variance extension

may be granted consistent with federal law, specifically

Section 301(i)

of the Clean Water Act,

33 U.S.C. 1251 et

~

(1977) and Title 40 of the Code of

Federal Regulations, Part

125,

Subpart J.

The City of Monmouth~srequest for a six month extension

of the variance granted in PCB 79-249 as modified by PCB 80-107

from 35

111. Adm. Code 304.105, 304.301 and 304.120(c)

is

hereby granted for its North wastewater treatment plant sub-

ject to the conditions in the Order below,

The Board notes

that the City of Monmouth did

not request variance from

the

un-ionized ammonia standard of Section 302.212.

The Order

below does not grant the City a variance from this section.

This Opinion constitutes the Board’s findings of facts

and conclusions of law in this matter.

ORDER

The City of Monmouth’s North Wastewater Treatment Plant

is granted a variance from 35 Ill.

Adm, Code 304.301, 304.120

(c), and 304.105 as it relates to Sections 304.301 and 304.120

(c), until July 31,

1987 subject to the conditions below:

1.

Petitioner shall not cause or allow discharge

levels of ammonia nitrogen in excess of the

following levels from January 21,

1982 through

July 31, 1986:

Monthly Average

Daily Composite

Ammonia Nitrogen

70 mg/I

90 mg/i

2.

Petitioner shall not cause or allow discharge

of ammonia nitrogen in excess of the following

levels from August

1,

1986 through July

31, i~)37:

Monthly Average

Dai1~Com2~~te

Ammonia Nitrogen

2.5 mg/i

5.0 mg/i

3.

Petitioner shall not cause or allow discharge

of 5-day BOD or TSS in excess of the

following

levels from January 21,

1982 through July 31,

1985:

Monthly Averag~ ~j~Cora2~it~

BOD

20 mg/i

30 mg/i

TSS

45 mg/i

60 mg/i

59-260

---

3

4.

Petitioner shall comply with the applicable

effluent limitations of

35 Iii. Adm. Code

304.120 for 5-day biochemical oxygen demand

(BOD) and total suspended solids

(TSS) after

August

1,

1985.

5.

Petitioner shall complete construction of

its upgraded treatment works on or before

July 31,

1984.

6.

Petitioner shall attain operational level of

its upgraded treatment works on or before

July 31,

1985.

7.

Petitioner shall complete and forward to IEPA

an ammonia nitrogen evaluation of the new

facilities on or before July 31, 1987.

8.

Within forty-five days of the date of this

Order,

Petitioner shall execute and forward to

the Illinois Environmental Protection Agency,

Water Pollution Control Division,

2200 Churchill

Road, Springfield, Illinois

62706,

a Certificate

of Acceptance and Agreement to be bound to all

terms and conditions of this variance.

This

forty-five day period shall be held in abeyance

for any period this matter is being appealed.

The form of the certificate shall be as follows:

CERTIFICATE

I,

(We),

having read

the Order of the Illinois Pollution Control Board in PCB 84-6

dated

__________________,

understand and accept the said

conditions thereto binding and enforceable.

Petitioner

By:

Authorized Agent

Title

Date

---

4

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

~1~-’~-day of

~

,

1984

byavoteof

__________.

Dorothy M. G~inn,Clerk

Illinois Pollution Control Board