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

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