ILLINOIS POLLUTION CONTROL BOARD
    September 24,
    1981
    MISSIONARY SISTERS SERVANTS
    OF THE HOLY SPIRIT,
    Petitioner,
    v.
    )
    PCB 81—113
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.
    1).
    Dumelle):
    On July
    15,
    1981 the Missionary Sisters Servants of
    the Holy Spirit filed a petition for variance from Rules
    203(d) and 402 and 902(i)(1)
    of Chapter
    3:
    Water Pollution
    as they relate to dissolved oxygen.
    The Illinois Environi~ent.t1
    Protection Agency
    (Agency)
    filed a recommendation to grant
    the variance, subject to certain conditions, on August 17,
    1981.
    Hearing was properly waived,
    and none was held.
    Missionary Sisters owns and operates the Convent of
    the
    Holy Spirit.
    Wastewater from the convent
    is treated
    in a
    septic tank which is followed by intermittent sand filters ~irii
    chlorination.
    Design average flow is 0.06 MGD and discharge
    is to the West Fork of the North Branch of the Chicago River.
    The plant is operated under NPDES Permit No.
    1L0026689 which
    expired on December 31,
    1979.
    The Agency has advised the
    Missionary Sisters that the permit cannot be renewed absent
    the relief sought in this proceeding.
    Discharge Monitoring Reports
    from April, 1980 to March,
    1981,
    and Agency grab samples disclose near compliance to the
    NPDES Permit limitations
    for BOD5 and suspended solids of
    30 mg/l.
    Thirty—day averages have ranged from 1.0 to 7.25
    mg/i and 5.0 to 19.75
    mg/l,
    respectively.
    The relief sought by the Missionary Sisters is essentially
    identical
    to that granted by the Board
    in Village of Bloomin~1daie
    v. IEPA
    (PCB 78—124,
    32 PCB
    23, Nov.
    2,
    1978), and the Board’s
    reasoning in that case applies here.
    In Bloorningdale nearly
    300 dischargers
    to the DuPage and Des Plaines Rivers were
    joined in a variance proceeding concerning 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.
    Furthermoce,
    43—361

    —2—
    the Agency has indicated that had
    the Missionary Sisters
    riot
    been overlooked by the Agency
    it would have been included as
    a
    joined party in the Bioomingdale proceeding.
    The Board finds that the flows involved here are small
    and the quality
    of effluent is
    good.
    The Board further
    finds
    that a grant of variance would cause little or no adverse
    environmental impact and that denial of variance would cause
    an arbitrary and unreasonable hardship for the same reasons
    as expressed in Bloomingdale.
    The Agency has recommended as
    a condition of variance that
    the Missionary Sisters shall provide proper chlorination
    to
    assure compliance with its present and any future chlorine
    residual and fecal coiiforrn limitations.
    This is based on
    an allegation that the effluent’s chlorine residual has not
    been within permit limitations
    since 1979 or before.
    Since
    Board regulations set no chlorine residual
    limitations, and
    since it
    is the Board’s understanding that such limitations
    have,
    in general, been dropped from recently issued Agency
    permits,
    the Board finds such a condition to be inappropriate.
    Furthermore,
    since the Board will impose a condition that the
    plant shall be operated using the best practicable operation
    and maintenance practices and must conform with any properly
    imposed permit conditions,
    including such a condition
    in this
    variance
    is unnecessary.
    The Board will impose a condition that
    the Missionary
    Sisters shall cooperate in the development and implementation
    of the Northeastern Illinois Planning Commission’s
    (NIPC)
    wastewater treatment management plan.
    Pursuant to Section 208(b)
    of the Clean Water Act,
    NIPC has developed an areawide wastewater
    treatment management plan for northeastern Illinois.
    Therefore,
    under Rule 902(j)(4)
    of Chapter
    3, the Agency cannot issue
    a permit which would authorize a discharge in conflict with
    that plan.
    Although no specific time period for variance has been
    requested,
    the Agency has recommended a termination date of
    December 31,
    1983 which is
    in conformity with the Bloorninq~le
    variance.
    The Board will follow that recommendation.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of
    law
    in this matter.
    ORDER
    1,
    The Missionary Sisters Servants of the
    Holy
    Spirit are
    hereby granted variance from Rules
    203(d),
    402, and 902(i)(1)
    of Chapter
    3:
    Water Pollution,
    as they relate to dissolved
    oxyg~nwater quality until October 19,
    1983,
    subject to
    the
    following conditions:
    a.
    Missionary Sisters shall ~ooperate in the development
    and implementation of the NIPC wastewater treatment management
    plan.
    43—362

    —3—
    b.
    Missionary Sisters shall operate its treatment plant
    using the best practicable operation and ~naintenancepractices.
    c.
    Within 45 days of the date of this Order, Missionary
    Sisters shall execute and forward to the Illinois Environmental
    Protection Agency, Water Pollution Control Division, Variance
    Section,
    2200 Churchill Road,
    Springfield,
    Illinois
    62706,
    a
    Certification of Acceptance and 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 foliow~:
    CERTIFICATION
    Missionary Sisters Servants of the Holy Convent hereby
    accepts and agrees to be bound by all terms and conditions of
    the Order
    of the Pollution Control Board in PCB 81-113, dited
    September 24,
    1981.
    Petitioner
    By
    I
    Title
    authorized agent
    Date _____________________________
    2.
    The Illinois Environmental Protection Agency
    is authorized
    to issue Missionary Sisters a renewed NPDES Permit consistent
    with the terms and conditions of the variance herein granted.
    IT
    IS SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that t~ieabove Opinion and Order
    was ~dopted on the ~~1~day
    of
    ~
    1981 by a vote
    Christan
    L. Moffett, Clerk
    Illinois Pollution Control Board
    43—363

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