ILLINOIS POLLUTION CONTROL BOARD
May
1, 1981
VILLAGE OF WAUCONDA,
Petitioner,
)
v.
)
PCB 81—17
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.D.
Dumelle):
On February
4,
1981 the Village of Wauconda
(Wauconda)
filed a petition for variance from the phosphorus limitation
of Rule 407(c) of Chapter 3:
Water Pollution and from sub-
paragraph 5 of the Board’s Order in PCB 77—191
(February
2,
1978).
On March 27,
1981, the Illinois Environmental Proteciton
Agency
(Agency)
filed a recommendation to grant a variance from
Rule 404 of Chapter
3, but to deny the Rule 407(c) request.
Hearing was waived and none was held.
Wauconda owns and operates a sewage treatment plant which
provides secondary treatment and has a design population
equivalent of 8,000.
Discharge is to Bangs Lake Creek which
flows approximately two miles to Slocum Lake which is tributary
to the Fox River.
On August
4,
1977 Wauconda was granted
a variance (PCB 77-125)
from Rules 203(c) and 402 of Chapter
3 until January
1,
1981
or until the Board modified the phosphorus standards.
That
standard was modified on April 26,
1979.
On February
2, 1978
the Board granted Wauconda variance
(PCB 77—191) from Rule 404(f)
of Chapter
3 until February
2,
1981 subject to several conditions.
These included an order that Wauconda complete construction of an
outfall sewer around Bangs Lake Creek and Slocum Lake by February
2,
1981 (subparagraph 5).
Wauconda is currently in the construction grants program
for upgrading its wastewater treatment facilities.
Its Facilities
Plan
is awaiting final Agency approval.
Wauconda alleges that
completion date of construction will be December 31,
1984.
This
nearly four—year delay has been caused by the necessity of
amending the Facilities Plan three times in response to federal
and state regulatory changes.
The Agency agrees that the
delays have not been caused by Wauconda.
In determining whether variance from the phosphorus
limitation of Rule 407(c)
should be granted, the Board must
41—33 1
—2—
first consider the environmental
impact.
That impact is upon
Slocum Lake which was the subject of a 1975 study conducted by
the United States Environmental Protection Agency.
That study
indicated that the lake is highly eutrophic, ranking 27th of 31
lakes studied.
Further, Wauconda’s wastewater treatment plant was
found to contribute nearly 53
of the total phosphorus loading.
The study recommended that “all phosphorus imputs should he
minimized.”
A 1977 Department of Conservation letter noted
“intense algal blooms...and
numerous summer and winter fish
kills.”
Later,
it stated that “the lake is nothing but an
oxidation pit for the effluent it receives.”
According to discharge monitoring reports
(DMR’s)
submitted
by Waucorida, average phosphorus levels have ranged from 6.5
to 15 mg/l
since August of 1977 in contrast to Rule 407(c)’s
requirement of 1.0 mg/l and Wauconda’s NPDES permit’s 3.0
ing/l condition.
These levels are inexcusably high and certainly
contribute in large measure to the eutrophication of Slocum
Lake.
The Board fails to understand how the Agency could have
permitted these levels to continue for 2½ years without bringing
an enforcement action against Wauconda.
The Board does, however, understand why the Agency opposes
the granting of variance with respect to phosphorus.
Not
only has a substantial adverse environmental impact been
demonstrated, but Wauconda fails to allege any hardship in
meeting the 1.0 mg/l standard.
Cost of compliance
(short
of completion of the $4.57 million plant improvements) is
noticeably missing from the pleadings.
In this regard the
Board takes notice of its Opinion in R76—1
(32PC13598;
Feb.
15,
1979)
in which the Board finds that for systems of greater
than 5,000 population equivalents,
a 1.0 mg/l limitation is
economically reasonable.
This is especially true where,
as
here,
substantial environmental harm has been shown.
Thus, the Board finds that Wauconda has not proven an
arbitrary or unreasonable hardship with regard to the phosphorus
limitation of Rule 407(c), and that variance should be denied.
This means that Wauconda must necessarily improve its phosphorus
treatment prior to the construction of permanent improvements to its
plant.
The present jerrybuilt system which functions inter-
mittently and freezes in the winter is wholly unacceptable.
Equipment for dosing the effluent with phosphorus-removing
chemicals can probably be selected that can be re-installed
into the new plant.
The variance request from subparagraph 5 of the Order
in PCB 77—191 does not suffer from the same shortcomings.
Although the petition is somewhat short on allegations of
environmental harm,
enough information is given to allow the
Board to take notice of its findings in PCB 77—191 since the
situation has remained relatively unchanged since that time.
Therefore,
for the same reasons
as expressed in PCB 77—191,
the Board finds that Wauconda is unable to meet a 10 mg/I
standard for biochemical oxygen demand (BOD5)
or a 12 mg/l
standard for suspended solids
(SS) prior to upgrading and
41—332
—3—
expansion of its facilities,
MDR’s show average ranges of
19 to 38 mg/i BOD,~and 21 to 37 mg/i SS.
Further, the Board
finds that Waucon~ahas been diligent in its efforts to achieve
compliance.
Therefore,
the Board finds that denial of the
requested variance would constitute an arbitrary and unreasonable
hardship.
Further, and again for the same reasons as the
earlier variance,
the Board will impose the same conditions
as in PCB 77—191 with the exception that the final completion
date shall be no later than December 31,
1984.
A variance from
Rule 404 is also necessary for complete relief and will be
granted for the same reasons.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
The Village of Wauconda is hereby denied variance from
Rule 407(c) of Chapter 3 and granted variance until
December 31,
.1984 from Rule 404 of Chapter
3 and subparagraph
5 of the
Order
in PCB 77—191,
subject to the following conditions:
1.
That Wauconda shall immediately begin to upgrade
and expand its existing sewage treatment plant;
2.
That during the interim until construction
is completed,
Wauconda shall
limit its effluent discharge to
30/30 mg/i BOD5 and suspended solids,
respectively;
3.
That upon completion of its upgraded sewage
breatrnent
plant, Wauconda’s effluent shall
not exceed 10/12
mg/i BOD5 and SS, respectively;
4.
That Wauconda install and utilize nitrification
equipment, acceptable
to the Agency, at its new
plant;
5.
That Wauconda begin and complete construction of
an outfall sewer around Bangs Lake
Creek
and
Slocum Lake,
with discharge to an unnamed tribu-
tary to the Fox River,
as soon as funds become
available, but in no event
later than three years
from the date of this Order;
6.
That Wauconda report semi—annually to the Agency
on its financial ability to install
the
outfall
sewer identified in paragraph
(5) above;
and that
7.
Within 45 days of the adoption of this Order,
the Village of Wauconda shall execute and forward
to the Illinois Environmental Protection Agency,
2200 Churchill Road, Springfield, Illinois 62706
a Certification of Acceptance and Agreement to be
41—33:3
—4—
bound to all terms and conditions of this Order.
The 45 day period shall be held in abeyance during
any period this matter is being appealed,
The form
of said certification shall he as follows:
CERTIFICATION
I
(We), __________________________ having read and
fully understanding the Order of the Illinois Pollution Control
Board in PCB 81-17 hereby accept said Order and agree
to be
hound by all of the terms and conditions thereof,
SIGNED
_______________
TITLE__________________
DATE___________________
I,
Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was adopted
on the
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day of
1)’)
,
1981 by a vote of
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Christan
L. Moffett,. Clerk
Illinois Pollution Control Board
41—334