ILLINOIS POLLUTION CONTROL BOARD
January 21,
 1q81
‘TILi,AGE
 OF
 LENA,
Petitioner,
V.
 )
 PCB 81—162
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
 )
Respondent.
OPINION AUD ORDER OF THE
BOARD
 (by J.
 1), Dume11e)~
The Village of Lena
 (Village) filed a petition for varianc’~
on October 19, 1981,
 requesting relief from effluent limitations
in its NPDES permit
 for its wastewater treatment plant
 (WTP),
 An
amended petition was filed
 on November
 5,
 1981,
 and the Illinois
Environmental Protection Agency (Agency) filed its recommendation
that the variance be granted to the extent allowed by federal
 law
and subject to certain conditions.
 This recommendation was
accompanied by
 a motion to file instanter,
 which motion
 is hereby
granted.
 Hearing was waived and none was held,
The Board in general will not order modification of UPD~S
permit conditions
 in a variance proceeding,
 However,
 it will
construe the variance as requesting relief from Rule 404(c) of
Chapter 3~ Water Pollution,
 as
 it relates
 to fi~ie—daybiochemical
oxygen demand
 (BOD5)
 and total
 suspended solids
 (TSS).
The Village owns and operates
 a WTP which serves approximately
2,000 persons and became operational
 in July,
 1975.
 IL c~risistH
of
 a
 raw sewage inlet structure with a flow meter,
 two primary
clarifiers, one single stage rotary distributor trickling filter,
one secondary clarifier, one effluent holding lagoon,
 four movi~q
bed filters,
 one chlorinator,
 two anaerobic digesters,
 and
 two
sludge drying beds.
 Plant design
 is for 3,600
 P.E. and 0.4 mii.Lt~n
gallons per day
 (MGD).
 Discharge
 is
 to an unnamed tributary of
Yellow Creek, which in
 turn
 is
 tributary
 to
 the
 Pecatonica
 River.
?~ctualdischarge has averaged about 0.2 MGD.
Agency inspection reports dating hack to April
 12, 1976
indicate problems with the moving bed filters.
 Operation of
 these
filters
 is initiated by two 160 gallon per minute lagoon pumps
which
 take suction from the lagoon and pump the water
 to the
inflijent chamber,
 Flows then enter a mixing chamber where
polymer and alum are added
 and.
 mixed
 before the flow enters the
moving bed filter,
 Through
 a series of
 pumps,
 the dirty filter
sand is cut off the face of the
 filter,
 washed and replaced in
the filter bed.
 This entire process
 is automatic.
 Prior to th~
45—149
—2—
Village’s removal
 of the moving bed filters from operation on or
about June
 5,
 1981,
 only
 the two west filters were in operation
because parts
 from
 the two east filters were being used
 to
 keep
the west units
 in operation.
 This was done
 in conjunction with
the filing of
 a lawsuit against the manufacturer of the moving
filter bed and the contractor.
 That
 lawsuit was settled in August,
1981, hut the record does not indicate whether the beds are now
in operation.
The Village was issued NPDES Permit No.
 1L0024945 on
June
 2,
1977, with an expiration date of February
 1,
 1982,
 which
 requires
the
 Village to meet
the
 following
 effluent
 limitations
Parameter
 ~
 L~yAv9.
BOD
 10
 15
TSS5
 12
 18
The
 Village
 is
 also
 required
 to
 monitor
 and
 report
 to
 the
 agency
 regarding
 BODr
 and
 TSS
 effluent
 concentrations.
 The
 most
 recent
reports
 are
 sdmmarized
 below~
Flow
 (MGD)
 BOD5
 (mg/i)
 TSS
 (mg/i)
Month
 ~~Max.
 Avq.
 Max.
 Avg.
 Max.
June, 1931
 0.19
 0.245
 15
 21
 17
 2.5
May,
 1981.
 0.215
 0.285
 18
 20
 14
 19
April,
 1981
 0.21
 0.29
 29
 31
 34
 36
‘larch,
 1.981
 0.2
 0.33
 22
 ——
 12
 ——
February,
 1981
 0.205
 0,3
 45
 26
 —~
January,
 1981
 0.2
 0.295
 23
 18
 ——
Improvements to the Village’s facility,
 including the moving
bed filters,
 were constructed pursuant to funding under the
construction grants program.
 While construction was completed
some
time
 ago,
 final payment has not been made because
 of problems
with the moving bed filters.
 The United States Environmental
Protection Agency
 (USEPA) has initiated a study to determine the
 feasibility of repairing the moving bed filters.
 It
 is not known
whether this study has been completed.
 If repair is not possible,
the Village will have
 to go back
 into Step
 2 of the grants progra~i
for design of new tertiary treatment facilities.
 Currently,
 the
Village’s priority number
 is such that funds
 for Steps
 2 and
 3
would not be available;
 however,
 it
 is felt that due
to
 the
 nature
o~the Village’s problem special consideration could b’~made.
The Agency argues that the Board is powerless
 to grant
a variance in this case including BOD5 and TSS limitations
in
 excess of
 30 mg/i
 in that these limitations are federally
mandated by Section 301(b)(1)(B)
 of the Federal Water Pollution
Control Act
 (FWPCA)
 and 40 CFR Section 133.102(a)
 and
 (h),
and that the State
 is bound by them.
 While
 it
 is possible
for the Village to be exempted from these standards by Section
301(i)(1)
 of the FWPCA,
 and it has made
 a timely application
for such exemption,
 the Aqency alleges that no such exemption
45—150
—3—
can he
 granted
 until
 a determination is made that the corrective
measures necessary for compliance
 are grant eligible.
 That
determination, however, has not been made.
The Board need not decide whether the
Agency~s
 inter-
pretation of the FWPCA sections
 is correct in this case, however,
in that the Viilage~sdischarge data indicate that the granting
oF
 30 mg/i limitations for BOD5 and
TSS should he sufficient
to place the Village
 in substantial compliance.
The
 Village
 presents
 several
 alternative solutions to its
Eilter bed problem
 if repair
 is not possible, hut has not yet
decided
 what
course to follow and exact costs cannot be
calculated.
 However,
the
Village~s estimate of $1,242,200
 is
reasonable
 according
 to
 personnel
 from
the Agency~sGrant
Administration Section.
 The Villagers share of this cost would
he $310,550
 if a 75
 share
 is grant—funded, or $186,300 if an 85
share
 is grant—funded, depending upon whether
 it
i~considered a
failure of
 a unique technology.
 Were it possible to
renovate t’~e
existing moving bed filters,
 the Agency estimates that the cost
 of compliance would be considerably less; perhaps
in
 the
 S120,000
range,
 hut this amount would not he grant eligible.
The
 Board
 finds that denial
 of the requested variance would
constitute a financial hardship, and since the Agency has foun~i
no stream degradation due to the Village~sdischarge, this
hardship would be arbitrary and unreasonable.
The
Village requests variance
until grant funds are
made
available and tertiary treatment facilities
 are constructed.
However, such construction may not be necessary.
 Further,
 if
it
 is necessary there
 is no showing that they will
 be completed
within five years which is the maximum
variance period.
 Therefore,
the Board will follow the Agency~srecommendation and grant variance
until March
 1,
 1984,
This Opinion constitutes the Board~sfindings
 of fact and
conclusions
 of
 law in this
 matter.
ORDER
1.
 The Village of Lena is hereby granted a variance from
Pule
 404(c)
 of Chapter 3:
 Water Pollution,
 sub~iectto the
following conditions:
a.
 This variance shall expire on March
 1,
1984, or upon attaining operation of any new tertiary
treatment facility, or upon attaining operation of
 renovated moving bed filters, whichever occurs first;
h.
 In the event that the USEPA study concludes
that renovation of
 the moving bed filters
 is possible,
the Village shall expeditiously undertake all actions
necessary to achieve such renovation;
45—151
—4—
c.
 During the period of this variance, the
Village’s effluent shall not exceed
 30 mg/l BOD,~or
30 mg/l total suspended solids as a monthly average.
d.
 The Village shall provide the best
practicable operation and maintenance
at
 its WTP.
2.
 The Illinois Environmental Agency shall modify the
Village’s NPDES Permit No.
 1L0024945 in a manner consistent with
this Order pursuant to Rule 914 of Chapter
 3.
CERTIFICATE
I,
 (We),
 ___________
 ,
 having read
the Order of the Illinois Pollution Control Board in PCB
 81-162
dated January 21,
 1982,
 understand
 and accept the said Order,
realizing that such acceptance
 renders all 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
was adopted on the
~
 day of
 ~
 1981 by a
vote
 of
 ~.
 C,
Illinois Pollu
 Control Board
45—152