ILLINOIS POLLUTION CONTROL BOARD

October 22,

1981

CITY OF ASSUMPTION,

)

Petitioner,

v.

)

PCB 81—103

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent,

OPINION AND ORDER OF THE BOARD

(by J.D.

Dumelle):

On June 19,

1981 the City of Assumption filed a petition

for variance from the

400/100 ml fecal coliform limitation

of Rule 405 of Chapter

3:

Water Pollution.

In response

to

the Board Order of June 25,

1981, the City filed an amended

petition on August

7,

1981 curing cited defects.

The amended

petition properly waived hearing, and none was held,

On

September 11,

1981 the Illinois Environmental Protection

Agency

(Agency) filed a recommendation to grant variance,

subject to certain conditions.

The City owns and operates a municipal waste treatment

facility pursuant

to NPDES

Permit No.

1L0020907 which discharges

to Big George Creek, which is tributary to the Sangamon River.

The existing facilities consist of a

two

cell waste stabilization

pond and treat an average of about 0.018 MGD.

There are no

disinfection facilities.

However, the City

is currently

in the

Construction Grants Program and has received a Step 2—3 grant

for upgrading the facilities.

This upgrading will

consist

of

conversion of existing cell

*2 into

a 3—cell lagoon systet~iwith

a mechanically aerated first and second cell followed by dual

sand filters

in the third cell and chlorination facilities.

The City estimates a start—up of operations in July,

t9~32and

the Agency does not disagree.

The City alleges the cost

of

disinfection and fecal colifor~

monitoring eguipment to he $116,900, but the Agency points

out that the $28,000 which is included in that total

for laboratory

equipment would he used for purposes beyond fecal coliform

monitoring, such that the savings would he somewhat lower.

This approximately $100,000 hardship must be balanced

against the injury which would be imposed upon the public

by a granting of variance.

The City argues that there would

he

no

adverse impact in that there is no downstream use

of~the

waterways for drinking water supplies or for recreational

uses.

Furthermore, a granting of variance is argued to simply

43—561

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—2—

retain the status quo such that there would be no change

in

stream quality.

However,

the Agency notes that the Village

of Kincaid, which is approximately 40 miles downstream, uses

the South Fork of the Sangamon for its water supply.

In addition,

as a result of a 1975 Agency biological survey,

the Agency

determined that the unbalanced condition which existed at

three stations on Big George Creek could have been partially

attributable to the Citys effluent.

Nevertheless, the Agency recommends that the variance

he granted.

This recommendation appears to be based largely

on the fact that the Agency has proposed to modify the effluent

standard for fecal coliform in such a manner that the City

would no longer be required to disinfect (R77-12; Docket

I)).

A

Board decision on this matter is expected in the near future.

While the Board must reject the City’s argument that the

status quo will be maintained

(since that does not, by itself,

insure that the environment will be protected) and will not

prejudge a regulatory proceeding in a variance case,

the

Board does find that a failure to grant the requested variance

would impose an arbitrary and unreasonable hardship.

Since the

City appears to be expeditiously pursuing upgrading through

a construction grant and operation is expected by July, 1982,

any environmental harm should be minimal.

This is especially

true for the following reasons

there are few downstream

recreational uses; the nearest downstream public beach is over

60 miles away;

Kincaid’s public water supply intake should he

affected minimally,

if at all;

and the term of variance will

largely fall during the cold weather months when any recreational

uses should be at a minimum.

This harm is more than outweighed

by the approximately $75,000 which would be lost from the grant

funding if the City were ordered to immediately put disinfection

facilities

in place.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

It is hereby ordered that the City of Assumption be granted

a variance from the 400/100 ml fecal coliform limitation

of Rub

405 of Chapter 3:

Water Pollution,

subject to the

~oilowing conditions:

1.

The variance shall expire on July 31,

1982 or

upon

the start—up of operations of the proposed wastewater treabi~tent

plant, whichever occurs first;

2.

The Agency

is hereby ordered to delete the 400/100

ml

fecal coliform effluent limitation from NPDES Permit No.

1L0020907;

arid

3.

Within thirty

(30) days of the date of this Order,

th9 City shall execute and send to Steven M. Spiegel,

Attorney

43—562

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—3—

Advisor,

Enforcement Programs,

Illinois Environmental Protection

Agency, 2200 Churchill Road,

Springfield,

Illinois 62706,

a

certification of Acceptance by which it agrees to be bound

by all the terms and conditions of this variance.

This thirty

(30) day period shall be held in abeyance for any period for

which this matter is appealed.

The form of said certification

shall be as follows:

CERTIFICATION

I

(We),

__________________,

having read and fully understood

the Order of the Illinois Pollution Control Board, PCB 81-103,

hereby accept that Order and agree to be bound by all terms

and conditions thereof.

signed

Title

Date

IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that th

above Opinion and Order

was adopted on the ~m~day

of

________________,

1981 by a

vote of

____

Christan L. Moff~

lerk

Illinois Pollution

ntrol

Board

43—563