ILLINJOIS POLLUITIION CONTROL BOARD
December 15,
1983
VLLLAGE OF SAUGET,
Petitioner,
v.
)
PCB 83—146
ILL,INOIS E~NVIRONMENTALPROTECTION
AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by J. Anderson)~
This matter comes before
the
Board on the September 26,
1983
petition for variance filed by the Village of Sauget
(Sauget).
Sauget seeks extension of the variances granted to it in PCB 77—136,
79—88,
and 80—67, granting relief from effluent limitations other-
wise applicable
to its wastewater treatment plant
(WWTP).
More
specifically,
the Village seeks relief from 35
Iii. Mm.
Code
304.124 and 304.140 as they relate to the parameters
lead,
nickel,
oils, and phenols, and from Section 304.120 as
it relates
to
biochemical oxygen demand
(BOD)
and total
suspended solids
(TSS).
Variance
is retroactively requested from July
1,
1983 until June
30,
1988,
or until the American Bottoms Regional Treatment Plant
(ABRTP) becomes operational,
whichever
first occurs.
The Illinois Environmental Protection Agency
(Agency)
filed
its Recommendation in support of variance,
with conditions,
on
November
9,
1983.
Its motion to file the Recommendation instanter
is hereby granted.
Hearing was waived and none has been held.
The Village
of Sauget
is located on the Mississippi River
in St. Clair County, between the City of East St. Louis and the
Village of Cahokia.
The Village owns and,
under contract,
causes to be operated,
a physical-chemical wastewater treatment
plant (“WWTP”) which became operational in 1977.
The Sauget
WWTP primarily treats industrial wastewate.r from local
industries,
but,
in addition,
serves a residential population of 200—300
person and some commercial establishments.
The Sauget
WWTP
consists of oil separation,
screening,
pumpage, grit removal neutralization, polymer addition, mixing
and sedimentation.
Sludge is treated by vacuum filtration and
transported
to
a landfill.
The
Sauqet
WWTP
has
a design average
~iow (“DAF”)
of 8.0 million gallons per day (“MGD”), a design
maximum
flow (“DMF”)
of 13.0
t~1GDand a design population equivalent
55-255
—2—
of 75,000.
Excess flow is diverted to a storm water basin for
sedimentation.
Discharge from the Sauget WWTP is directly to
the
Mississippi River.
In September,
1977 Sauget was designated
the lead agency to
design, construct,
and operate the ABRTP to provide primary and
secondary treatment
of
the wastewater
from the Villages of Sauget,
Cahokia, Brooklyn, National City and Alorton, and from the Cities
of East
St.
Louis and Certreville.
The American Bottoms Regional
Treatment Plant is designed to include
a dual cyclone grit chamber,
four primary clarifiers,
a screw pump
lilt. sLation, eighL activated
sludge aeration basins,
final clarification,
an effluent pump
station, powdered activated carbon
to be added to the the aeration
bays, wet air oxidation of secondary sludge and regeneration of
carbon, and four vacuum filters.
This project also consists of
rehabilitation and construction of pump stations,
The ABRTP will
have a DAF of 27 MGD,
a DMF of 52 MGD,
an organic
loading of
65,400 lbs/day and a suspended solids loading of 118,400 lbs/day.
This plant
is designed to produce
an effluent of 20 mg/i
BOD,
25
mgll
TSS,
and effectively treat industrial contributions.
Discharge
will
be
to
the
Mississippi River.
Design and construction of the $60 million ABRTP has
proceeded with financial assistance
from the
federal construction
grants program.
Construction of the ABRTP began in January,
1983.
Although dioxin was discovered in the soil near the effluent pump
station in February,
1983,
construction
of the regional treatment
plant
is
currently
proceeding
unobstructed.
On
September
6,
1983
Sauget
received
a
construction
permit
which
relocated
the
effluent
pump
station
to
a
different
location.
The
ABRTP
is
scheduled
to
be
completed
in
the
first
quarter
of
1986
and
to
be
fully
operational
in early 1987,
after a year of “start u~”and shake-
down operation.
Sauget asserts that immediate compliance would impose the
same sort of arbitrary or unreasonable hardship as
it has in the
past, given its long and heavy financial commitment to the ABRTP
project which is finally approaching completion.
It asserts that
it has “substantially complied” with conditions
of prior variances,
and seeks variance containing the same interim effluent limit-
ations as
in prior variances.
In its Recommendation,
the Agency has most thoughtfully
reduced
the
contents
of the prior variance orders to chart form,
which
is
reproduced
below:
Date
of
Interim
Board
Board
Limitations
(mg/i)
Expiratio~
PCBNo.
Order
Parameter Rule
Monthly Avg Daily Max,
____Date
77—136
06/22/78
Mercury
408(a)
0.005
07/01/79
Oils
408
409(a)
58
07/01/83
55-256
—3—
Phenol
408
409(a)
19
07/01/83
SOD5
404(b)(i)
332
07/01/83
TSS
404(b)(i)
120
07/01/83
79—88
06/22/79
Oils,
Fats,
&
Grease
408(a)
200
06/30/83
Lead
408(a)
0.38
0.78
05/01/80
Nickel
408(a)
1.77
2.68
05/01/80
80—67
10/17/80
Lead
408(a)
0.38
0.78
06/30/83
Nickel
408(a)
1.77
2.68
06/30/83
Performance data
from
1981 to 1983 was provided
(Bec. p.4),
which show that the Sauget plant has consistently been well under
the
above listed effluent limitations.
The Agency recommends
that variance from the lead and nickel limitations of Section
304.124 is unnecessary, since with the exception of
two
excursions
of the daily maximum for nickel, the discharge has been in
compliance with the rule.
As
to the levels for SOD,
P55, and
phenols, the Agency suggests that the interim levels be made more
stringent, to reflect actual performance and to prevent back-
sliding.
The performance ‘data and Agency-suggested interim
levels are summarized below.
Data summarized
below
were collected
for
each of the months between and including October,
1981 and
August,
1983:
Oil
&
SOD (mg/l)
TSS(ng/l)
Grease
Phenol
Monthly
Monthly
Monthly
Monthly
Avg.
Avg.
Avg.
Avg.
Performance
Range
22—190
7—59
17—43
1.8—13
Agency
suggested
Interim
200
60
45
15
Limit
It should be further noted that the high readings for SOD,
TBS,
and oiLs occurred in 1981, with subsequent performance being
considerably better.
The high phenol “blip” occurred in May,
1983, with other readings at 9 or
below.
Finally,
the Agency stated, without elaboration, that
“compliance with the other conditions of the
Board
Orders is
considered marginal.
The Sauget tIWTP discharge has
had
numerous
pH
excursions
of
the
Board’s
rules
and
regulations
as
well
as
unnatural
coloration.”
(Rec.,
p.5).
55-257
—4—
In examining the conditions
in past variances
in
light
of
plant performance,
the Board finds that Sauget has complied with
the directive to reduce lead and nickel concentrations
in its
effluent.
The Board cannot determine what other conditions may
have
been violated.
Based on the performance of the existing plant,
the imminent
completion of the ABRTP,
and lack of new information concerning
environmental harm from discharges during the last variance period,
the Board finds
that denial of variance would impose an arbitrary
or unreasonable hardship.
Until July
1:
1987 or any earlier
attainment
of
an operational
level by the ABRTP, variance
is
granted from Section 304.124 as
it relates to oils and phenols
and from Section 304.120 as
it
relates
to BOD and TSS.
The
Board agrees with the Agency that
the
interim limits set by the
prior variances are too loose,
hut further believes that those
suggested by the Agency are also too loose,
In choosing the
limits set out
in the Order,
the Board has disregarded the 1981
high levels,
and established ones which reflect 1982 and 1983
performance
levels.
The Board expressly declines to make this
variance retroactive to July,
1983.
This petition was not even
filed until September 26, and no explanation has been given for
the
3 month delay in filing upon termination of the prior
variances.
Variance from Section 304.140 as to all parameters
is denied
as unnecessary,
variance from Section 304.124 as
to nickel and
lead is denied as unneeded,
given plant performance
in 1982—1983.
This Opinion constitutes
the Board’s findings of fact and
conclusions of
law in this matter.
1,
Petitioner, the Village
off Sauget,
is hereby granted a
variance from 35
Iii.
Adm.
Code
304.124
as
it relates
to oils
and phenols, and from Section 304.120
as
it relates
to BOD5
and TSS until July
1,
1987 or until
the American Bottoms
Regional Treatment Plant becomes operational, whichever occurs
first,
subject to conditions
as
follows:
a.
Sauget’s oils effluent discharge
shall not exceed
a monthly average of
35 mg/I.
h.
Sauget’s phenols effluent discharge
shall
not
exceed
a monthly average
of
10 mg/i.
c.
Sauqet’s BOD5 effluent discharge shall not
exceed
a monthly average
of 150 mg/I.
d.
Sauget’s TSS effluent
dischargo shall
not
exceed
a monthly average of
30 mg/l.
—5—
e.
Sauget shall make every reasonable effort to
complete construction of the ABRTP by April
1,
1986
and obtain operational
level
by April
1,
1987.
2.
Petitioner’s request
for variance from 35 Ill. Mm.
Code
as
it applies
to nickel and lead,
and from Section 304.140 is
denied as unnecessary.
3.
Within forty—five days of the date of this Order, Petitioner
shall execute and forward to the Illinois Environmental Protection
Agency
Division
of
Water
Pollution
Control,
Compliance
Assurance
Section,
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
he held
in abeyance for any period th.is 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 83—146,
dated_________________________________
,
understand
arid accept the
said Order,
realing that such acceptance renders
afl
terms and
conditions thereto binding and enforceable.
Petitioner
By:
Authorized
Agent
Title
Date
IT
IS
SO
ORDERED.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control
Board, hereby certify that the above Opinion and Order
were adopted on the
~__
day
of_~Ji~~.~
,
1983
by a vote of~7~
~
~
Christan
L. Moffd~4JClerk
Illinois Pollution Control Board