ILLINOIS POLLUTION CONTROL BOARD
July
9,
1981
C.
GROOT AUTOMATIC DISPOSAL CO., INC.,
Petitioner,
v.
)
PCB 81—83
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.D. Dumelle):
On May
8,
1981,
C.
Groot Automatic Disposal Co.,
Inc.,
(Groot),
filed a petition for variance from Rules 203(d),
402,
962,
910(a)
(4) and 910(b)
of Chapter
3: Water Pollution.
An Illinois Environ-
mental Protection Agency (Agency) recommendation to grant the
variance from Rules 203(d) and 402, subject to certain conditions,
was
filed on June 24,
1981.
Hearing was properly waived,
and none
was held.
Groot proposes to construct and operate a wastewater treatment
plant
(WTP)
to be located at 6333 North Elmhurst Road,
Chicago,
Illinois, in order to treat wastewater from its garbage truck
washing operations.
It is
to treat an estimated 4,800 gallons per
day
(GPD)
of process wastewater from cleaning garbage trucks and
1,166 GPD of sanitary wastewater.
The WTP would discharge
to
Willow Creek, which is tributary to the Des Plaines River.
The City of Chicago Department of Sewers has stated that it
is not possible to connect to existing sewer lines and that it
would not approve a septic system.
The Metropolitan Sanitary
District has stated that it would not be feasible for Groot to
connect to their
lines.
Thus,
Groot has little choice other than
constructing its own WTP.
The treatment process
is proposed to consist of extended
aeration followed by clarification, filtration, and chlorine
disinfection.
Groot alleges that the WTP should be sufficient to
meet the 80D5/SS limitations
of 10/12 mg/i although it would not
meet the 4/5 standard of Rule 404(f).
However, Rule 404(f) has
now been deleted and the 10/12 standard controls.
Therefore,
relief from Rule 404(f)
is denied as unnecessary.
The relief sought by Groot is essentially identical to that
granted by the Board in Village of Bloomingdale v.EPA
(PCB 78—124,
32PC323, Nov.
2,
1978),
and the Board’s reasoning in that case
applies here.
In Bloomingdaie nearly 300 dischargers to the Des
Piaines and DuPage Rivers were joined in a variance proceeding
43—33
—2—
regarding depressed dissolved oxygen (DO)
levels in those
rivers.
Demonstrations of non—contribution to violations of DO by all
dischargers was held to impose an arbitrary and unreasonable
hardship.
The Board finds that flows involved here are small and the
quality of the effluent should be good.
The Board finds that there
would be little or no adverse environmental impact.
Using the
same
reasoning
for Groot as for the joined parties
in j2~in dale, the
Board concludes that a denial
of variance from Rules 203(d)
and 402
as they relate to DO, would constitute an arbitrary and unreasonable
hardship. Variance from these rules should be sufficient
to give
Groot its requested relief.
Variance from Rules
910(a)(4) and
910(b)
is,
therefore, denied as unnecessary.
Pursuant to Section 208 of the Federal Water Pollution
Control Act, the Northeastern Illinois Planning Commission
(NIPC)
has developed an areawide wastewater treatment management plan for
the northeastern Illinois area which includes the portion of Cook
County where Groot is
located.
Therefore,
under Rule 902(j)(4)
of Chapter 3 of the Board’s regulations, Groot must obtain
a
revision of that plan to include its discharge prior to Agency
approval of construction or operating permits.
The Board notes that no specific len9th of time was requested
for variance,
and the Agency made no specific recommendation in
that regard.
However,
the Board will set a limiting date in
conformity with other such variances.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1.
C.
Groot Automatic Disposal Co.,
Inc.
is hereby
granted variance from Rules 203(d), and 402 of
Chapter
3 of the Board’s Rules and Regulations
as they relate to dissolved oxygen water quality
until October 19,
1983, subject to the following
conditions:
a.
Groot shall obtain a modification to the
NIPC wastewater treatment management plan.
b.
Groot shall operate its treatment plant using
the best practicable operation and maintenance
practices.
c.
Within 45 days of the date of this Order Groot
shall execute and forward to the Board and to
the Illinois Environmental Protection Agency,
Water Pollution Control Division, 2200 Churchill
Road, Springfield, Illinois 62706,
a Certification
43—34
—3-.
of Acceptance
arid Agreement
to be bound
to all
terms and conditions set forth
in
the Order.
The
45 day period shall be held in abeyance during any
period in which this matter is being appealed.
The
form of Certification shall be as follows:
_______________
hereby accepts and agrees to
Petitioner
be bound by all terms and conditions of
the
order
of the
Pollution Control Board in PCB #81—83,
dated __________________________
Petitioner
By _____________________________,
authorized agent
TI.t1e
Date ____________________________
2.
Groot is denied variance from Rules 404(f),
910(a)(4)
and 910(b)
of Chapter
3: Water Pollution.
3.
Groot shall obtain the necessary construction and
operating permits from the Illinois Environmental
Protection Agency.
IT
IS SO ORDERED.
Mr. Anderson abstained.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Order
was adopted on the
~
day of
~
,
1981 by a vote
of
~/-y~~
.
~
I.
~
Christan L.
Moffett, Cierk
Illinois Pollution Cdntrol Board
43—35