ILLINOIS POLLUTION CONTROL BOARD

January 21,

1982

CITY OF NONMOUTH,

a municipal

)

corporation,

)

Petitioner,

)

V.

)

PCB 79—249

)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

)

)

Respondent.

MR.

RONALD

TENOLD,

STANDARD

AND

TENOLD,

ATTORNEYS-AT-LAW,

APPEARED

ON

BEHALF

OF

THE

PETITIONER;

MR.

STEPHEN

GROSSMARK,

ASSISTANT

ATTORNEY

GENERAL,

APPEARED

ON

BEHALF

OF

THE

RESPONDENT.

OPINION

AND

ORDER

OF

THE

BOARD

(by

D.

Anderson):

This

matter

comes

before

the

Board

upon

a

petition and

amended petition for variance filed November 26, 1979 and

September 4, 1981 by the City of Monmouth

(Monmouth).

The

amended

petition

requests

a

variance

from

water

quality

and

effluent standards of Rules 203(f),

402.1 and 404(c)

of

Chapter

3:

Water Pollution, pending upgrading of its waste-

water treatment plant called the “North Plant”.

On October

7,

1981 the Illinois Environmental Protection Agency

(Agency)

recommended that the variance be granted in part subject to

conditions.

A public hearing was held at Monmouth on Octo-

ber 14,

1981.

Members of the public attended but did not

comment

(R,

6)

The original variance petition in PCB 79-249 was related

to an enforcement action, PCB 79-79.

This involved both the

“North

Plant”

and Monmouth

s “municipal wastewater treatment

plant”

located 2

1/2 miles downstream,

On May

15,

1980 the

allegations involving the North Plant were severed and docketed

as PCB 80-107.

After Monmouth filed an amended petition,

the

Agency filed an amended recommendation that the variance be

granted with respect to ammonia, but denied

with

respect to

BOD and TSS.

The Agency then entered into

a stipulation in

PCB 80-107.

This involved a compliance plan with interim

limitations for DOD and TSS.

PCB 79-249

arid PCB 80—107 were consolidated for hearing.

The Board hereby incorporates the record in PCB 80-107 into

this matter.

A portion of the factual discussion will be in

a separate Opinion and Order in PCB 80-107.

45— 105

---

—2—

The North Plant discharge is situated in the Southeast

Quarter of Section 17,

T11N, R2W of the 4th P.M., Warren County.

It discharges to Markham Creek,

a tributary of Cedar Creek,

Henderson Creek and the Mississippi River.

At one time it

discharged pursuant to NPDES Permit No.

IL 0036218, although

this has expired and has not been reissued.

The Board will

order the reissuance of the permit pursuant to Rule 914 of

Chapter

3.

The plant receives raw sewage from commercial and indus-

trial sources, primarily from Wilson Foods Corporation (Wilson),

which is not a party to this action.

Wilson operates a large

slaughterhouse tributary to the North Plant.

It has a rated

capacity of 7,800 hogs per day and an historical output of

191,000,000 pounds of meat per year.

The existing North Plant is described as follows:

As designed, raw sewage entered the anaerobic splitter,

then to two parallel covered anaerobic lagoons, which discharge

to an aeration splitter.

There are then two parallel aeration

basins, each of which discharges to a final clarifier, each of

which discharges to the same first stage aerated lagoon.

There

is

a

single outfall to a settling pond, second stage

aeration

pond,

second settling pond and chlorination

(Petition, Appendix A).

The pla~thas a design capacity of 2.0 MGD with peak flows

of 2.45 MGD.

It is designed to handle a loading of 25,000

lbs/day

BOD

and 15,000 lbs/day SS.1

The plant was built pursuant

to an

Agency co~structionpermit in 1974,

It is not designed to remove

nitrogen.

Although this alone would probably prevent compliance,

the plant has experienced other difficulties.

1MGD is Million Gallons per Day; lbs/day is pounds per day;

BOD is Biochemical Oxygen Demand,

five-day except as used here;

SS or TSS is Total Suspended Solids.

2Monmouth has stated that the plant was not designed to remove

ammonia because there was no ammonia standard at the time it was

built.

The Agency has not contradicted this.

The Board notes that

the 1,5 mg/l ammonia water quality standard of Rule 203(f) was

adopted on April

4, 1972

(R7l—14,

4 PCB 3,

11).

This is made

applicable as an effluent standard in water quality limited

situa-

tions by Rule 402 which was adopted January 6, 1972

(R70-8,

R71-14,

R71-20,

3 PCB 401,

425),

Prior to that time SWB—8 set a standard

of 2.5 mg/i for ammonia nitrogen

(3 PCB 759).

Since April

4,

1972

the

ammonia standard has remained unchanged except for the addition

of

exceptions such as Rule 402.1 which relaxes the 1.5 mg/I stand—

ard

under

some circumstances.

The Board further notes that the

April

3, 1973 permit application stated that the anticipated

effluent

would contain 1,0 mg/I ammonia nitrogen

(Amended Rec. Attachment A).

45—106

---

One anaerobic lagoon is

1 1/2 times as large as the

other.

Odor problems caused the city to cover these

lagoons

so gasses could be burned off,

The cover on the smaller lagoon

deteriorated~leading to the lagoon ~s abandonment,

This reduces

capacity and causes secondary problems controlling the flows

to the

aeration basins

(Attachment B).

The plant

was

designed

to

have

two

sand

filters

between

the

final

settling

pond

and chlorination.

These were never

actually

constructed.

The Agency contends that

these

might

lessen

the

TSS

and

BOD

problems,

although

they

might

not

bring

the

plant

into

compliance

(Rec,

9)

.~

The

Agency

believes

performance

would

have

been

improved

by

a

properly

certified

operator.

Monmouth also reports algae blooms

in the

ponds

following

the activated sludge system.

These contribute to TSS levels

and create

a secondary BOD loading

(Amended Pet.

8).

BOD

loadings are

as high as 17,000 lbs/day and SS

as high

as 57,000 lbs/day.

The suspended solids

are consistently in

excess of design

(Attachment B, IV-I).

Flows average

about

1.03 MGD with a maximum of 1.73 MGD

(Rec,

6).

This

is well

under design.

The following table indicates performance from

June, 1979 through June,

1981:

Average2

Maximum

BOD

10.2 mg/i

43 mg/i

TSS

26.3 mg/i

61 mg/i

Ammonia Nitrogen

45,4 mg/i

69 mg/i

1The record is somewhat confusing concerning whether the

permit required construction of these sand filters and whether

they were actually built,

The original Recommendation stated:

“Original

design

plans

for

the

North

Plant

called

for

installation

of

two

sand

filters

to

follow

the

second

settling

basin.

Although

the

filter

beds

were

constructed,

sand

was

never

installed,

apparently

because

of Petitionerts belief that the filters would

be unnecessary to meet effluent limitations.”

(p.

9).

The amended

Recommendation says:

“The Agency~spermit section suggested

the addition of sand filters but eventually issued

a construction

permit based on the design as submitted.”

(p.

2),

However,

Attachment A to the amended Recommendation contains

a permit

application dated April

3,

1973.

This includes a sand filter,

2Average of monthly averages; highest daily maximum

recorded.

45—107

---

—4—

NPDES

permit limitations

are based on Rules

402.1 and 404.

Averaging

rules are based on permit condition, which

poses

a

problem

in

that there is no current valid permit.

The following

are

taken from the Recommendation,

although it is not clear

whether they come from the old permit or a proposed permit:

Board

Permit

~ard

_

BOD

10 mg/i

10 mg/l

25 mg/l

TSS

12

mg/l

12 mg/i

30 mg/i

Ammonia Nitrogen:

Summer

1.5 mg/i

1.5 mg/i

Winter

4.0 mg/i

4.0 mg/i

In PCB 80-107

the

Board has,

among other things, found

Monmouth in violation of Rule 404(c)

and

related permit limita-

tions.

The Board finds that Monmouth has also violated Rule

402.1 by causing ammonia nitrogen discharges in excess of the

Rule 402.1

standard..

After the expiration of that rule,

Monmouth would cause violations of Rule 402 by violating the

water quality standard of Rule 203(f),

Monmouth~scompliance plan is stated in the amended

variance

petition.

Part of it

is agreed to in the stipulated

settlement.

Monmouth is ordered to comply

with

the

agreed.

cott-

ditions in

PCB 80-107.

A summary of the compliance plan sug-

gested by Monmouth appears below

(Amended Pet.

9).

The Board

will not order this, but will only order deadlines for

permit

applications

and

construction, as recommended by the Agency.

1.

Automatic flow sampling at the Wilson facility;

2.

Placing west anaerobic lagoon back in service

(Rec,

8);

3.

Improved flow control exiting the anaerobic lagoon;

4.

Paving and installation of high efficiency aeration

equipment in aeration basins;

5.

Improved

sludge

handling;

6.

Tertiary solids removal consisting of either sand

filters or microscreens prior to chlorination;

7.

Effluent sampling and metering.

45—108

---

—5--

The Agency

has

recommended that

the

Board

deny

the

vari-

ance for DOD

and

TSS

on the grounds of self—imposed hardship.

This is inconsistent

with

the

stipulated

settlement

agreed

to

by

the

Agency

in

PCB

80-107.

The

Board

will

grant

the

variance

from the BOD

and

TSS standards,

subject

to

the

conditions

in

the settlement.

Two

different

compliance

plans

have

been

proposed for one

facility

to

he

carried

out

at

the

same

time,

This

made

it

extremely

difficult

for

the

Board

to

review

the

proposals.

The

Board

is

forced

to assume

that

the

parties

have

reviewed

the

plans

and determined that they are consistent.

The Agency contends that,

although

the

plant

is

operating

below

design

hydraulic capacity, there

is

a

correlation

between

flow and effluent

BOD and TSS levels

(Rec.

10).

This is

indica-

tive of hydraulic

overloading

The petition does not

address

flow

reduction,

or leveling,

as

an

interim measure to reduce

environmental

impact.

Furthermore, wi:Lson

has

not

been

made

a party to this action

which

prevents

the

Board

from

examining

its

operations

to

determine

if

load

reduction measures would

impose arbitrary or

unreasonable

hardship

on

it.

Rules

402

and

402.1

prohibit

violations

of

the

water

quality

standards

by

effluent

from

th.e

treatment

plant.

Rule

701(a)

prohibits

discharges

by Wilson

to

the

sewer

which

cause the treatment

plant to violate effluent

standards.

The

water quality

standards

become

effluent

standards through

Rule

402

in

water

quality

limited

situations.

Monmouth

has

requested

a

variance

from

Rules

203(f)

and

402.1.

The

latter

is

to

expire

July

1,

1982,

long

before

the

upgrading of

this

plant

is

to

be

completed.

Expiration

of

the

Rule 402.1

exception

would

bring

the

North

Plant

under

Rule

402.

The Board

will

therefore

deem

the

petition

as

requesting

a

variance

from

Rule

402,

as

WCiJ~,

as

402.1

and

203(f),

A variance

from Rule 203(f) would result in

temporary

modification

of

the

water

quality

standards

in

the

receiving

stream.

This

could

be

construed

as

effectively

granting

Wilson

a

variance from

Rule

701,

This

would

not

be

justified

:Ln

the

absence

of

a

compliance

plan

for

Wilson.

A

variance

from

only

Rules

402

and 402,1 will

grant

Monmouth

complete

relief

from

Rule 203(f) without granting

relief to

Wilson,

The Board will

therefore deny the

variance from Rule 203(f)

as unnecessary

for

Monmouth.

The Agency calculates that tJSEPA BOD effluent limitations

would be

410 pounds per day

(40 CFR 432, Subpart B).

Assuming

a flow of 2.0 MGD

and

20

mg/i

DOD,

337

lbs/day would be discharged

45—109

---

—6—

(Rec.

5).

A BOD variance conditioned

on

20 mg/l would thus

be consistent with federal regulations, assuming Part 432

is

applicable to the municipal plant

treating the industrial

wastestream.

There are no

Part

432

standards

for

ammonia

or

TSS.

The Agency

has

presented

data

indicating

that

Markham

Creek is “semi—polluted”

upstream as well as downstream

of

the

North

Plant.

Its

water is

substantially

in

excess

of

water

quality

standards

for

ammonia,

and

indeed toxic to aquatic

life

under

ordinary

conditions,

The water

is

turbid,

green

and malodorous.

However,

dissolved

oxygen

levels appear to

be

excellent

(Rec.

7).

The Board

finds that it would impose arbitrary or

unreas-

onable hardship to require

the

North

Plant

to

come

into

immediate

compliance with

Rules

402, 402,1 and 404(c).

The

Board

will

grant a va~iance

conditioned

in

part

on

the

compliance

plans

presented in the amended

petition, recommendation and stipu-

lation in PCB

80-107.

This Opinion constitutes

the

Board~s findings

of fact

and

conclusions

of law in this matter.

ORDER

Petitioner,

the City of Monmouth,

is

granted a variance

from Rule 402.

402.1 and 404(c)

of Chapter

3:

Water

Pollution,

subject

to

the

following

conditions:

1.

This variance applies

only to discharge to Markham

Creek from Petitioner~sNorth Plant,

2.

This variance will expire January 20, 1987.

3,

Petitioner shall not cause or allow discharge of

ammonia

nitrogen

in

excess

of

the

following

levels

from

January

21,

1982

through

January

20,

1986:

~1Averae

Ammonia

Nitrogen

70

mg/l

90

mg/l

4.

Petitioner

shall

not

cause

or

allow

discharge

of

from January 21,

1986 through January 20, 1987:

45—liD

---

Monthly Average

Daily Composite

Ammonia Nitrogen

2.5 mg/i

5.0

mg/l

5.

Petitioner shall not cause or allow discharge of

5—day biochemical oxygen demand or total suspended

solids in excess of the following levels from

January 21,

1982 through January 20,

1985:

Monthly Average

Daily Composite

BOD

20

mg,1?

30 mg/i

TSS

45 mg/l

60 mg/i

6.

Petitioner shall comply with the applicable effluent

limitations of Chapter

3 for 5-day biochemical oxygen

demand

and

total

suspended

solids

after

January

21,

1985.

7.

Petitioner shall carry out the BOD/TSS compliance

of the stipulation in PCB 80-107.

In particular,

Petitioner shall:

a.

On or before January 21,

1985, upgrade the

set out in Attachment A;

b.

On or before February 20, 1982, employ to

operate the North Plant an operator who is

Agency certified as an industrial operator and

a Class

1 operator for sewage treatment works;

c.

After

February

20,

1982,

maintain

an

operator

at

the

North

Plant

at

least

five

and

one-half

days

each

week;

d.

By

February

20,

1982,

establish

and

maintain

laboratory

facilities

at

the

North

Plant

to

monitor the activated sludge process and deter-

mine, among other things, the pH of the effluent

so that optimum operation efficiency is achieved;

e.

On or before February 20, 1982,

seal the overflow

structure in the old

third

stage cell;

f.

After

February

20,

1982,

conduct sampling,

state and federal standards.

45—ill

---

—8—

8.

Petitioner

shall carry out upgrading necessary

to

achieve

full

compliance

with ammonia

nitrogen

efflu-

ent

and

water

quality

limitations on or

before

January

20,

1987.

In

particular, Petitioner shall:

a.

On or before February

4,

1982

commence

final

design;

b.

On or before June 24,

1982, complete and

submit

final design plans

as a part of a permit appli-

cation to the Agency;

c,

On or before January 20, 1984, complete con-

struction;

d.

On

or before January 20,

1985, attain opera-

tional level;

e.

On or

before

January

20,

1987,

complete

and

forward to the Agency an ammonia nitrogen

evaluation

of

new

facilities.

9,

The requested variance from Rule 203(f)

is

denied.

10.

The Illinois Environmental Protection Agency shall

issue an NPDES permit for this facility reflecting

the conditions of this variance.

11.

The Illinois Environmental Protection Agency shall

issue or deny

a construction permit within 14 weeks

after submission of final design.

12.

Within forty—five days of the date of this Order,

Petitioner shall execute and forward to the Illinois

Environmental Protection Agency, Variance 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 be held in abeyance

for any period this matter is being appealed.

The

form of the Certificate shall be

as follows:

CE

RTIFlCATION

I,

(We),

___

_______________,

having

read

and

fully

understanding

the

Order

in

PCB

79-249,

hereby

accept that Order

and

agree

to be bound by all of its

terms

and

conditions.

SIGNED

45—112

---

—9—

TITLE

DATE

IT IS SO ORDERED.

Mr.

Dumelie

concurred.

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

______________,

1982 by a

vote

of

________________

Clerk

Illinois Poilu ion Control Board