ILLINOIS
    POLLUTION CONTROL BOARD
    May
    1,
    1981
    URBANA AND CHAMPAIGN SANITARY
    DISTRICT,
    Petitioner,
    v.
    )
    PCI3 81—26
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.D. Dumelle):
    On February
    19,
    1981,
    Urbana and Champaign Sanitary District
    (District)
    filed a petition for variance from Conditions
    1 and 2
    of PCB Order 77—271
    (February
    16,
    1978) and Condition
    1 of PCB
    Order 79—50
    (May 10,
    1979).
    The former request is to extend the
    time for completion of start—up operations until April
    1,
    1982.
    The latter is to extend the termination date until June
    1,
    1982.
    On March
    19,
    1981,
    the Illinois Environmental Protection Agency
    (Agency)
    filed a recommendation
    to grant the relief requested.
    Hearing was waived and none was held.
    In PCB Order 77—271 the District was granted a variance from
    particular provisions of the Pollution Control Board’s Rules and
    Regulations, Chapter
    3:
    Water Pollution subject to certain
    conditions.
    Specifically, the District was granted a variance
    until June 30,
    1981,
    from the ammonia nitrogen limitations of
    Rules
    203(f) and 402 and from Rules
    403 and 405.
    the District
    was also granted a variance from Rule 602(b) until June 30,
    1979.
    The conditions
    of PCB Order 77—271 which are the subject of this
    variance proceeding provided as
    follows:
    Condition No.
    1:
    The District shall
    abate
    its
    discharge of inadequately
    treated sewage as required under Rules 203(f),
    402,
    404(f)(ii), and 405 of Chapter
    3:
    Water Pollution
    Regulations by making the necessary improvements
    in
    accordance with the project completion schedule included in
    the USEPA grant (C171568—03)
    containing the following
    schedule:
    (a)
    completion of construction by March 31,
    1981;
    (b)
    Completion of start-up operations by June 30,
    1981.
    41—335

    —2—
    Condition No.
    2:
    The District shall abate the discharge of inadequately
    treated sewage from treatment plant bypasses as required
    under Rules 403 and 602(c)
    of Chapter
    3:
    Water Pollution
    Regulations by making necessary improvements in accordance
    with the project completion schedule included in the USEPA
    grant (C171568—03) containing the following schedule:
    (a)
    Completion of construction by March 31,
    1981;
    (b)
    Completion of start—up operations by June 30,
    1981.
    In PCB Order 79—50,
    adopted on May
    19,
    1979,
    the District
    was granted a variance from the excess infiltration and sanitary
    sewer overflow prohibitions of Rule 602(b)
    of Chapter
    3.
    The
    condition of PCB Order
    79—50 which is the subject of this
    variance proceeding provided as follows:
    Condition No.
    1:
    The variance shall terminate twelve months after the
    District accepts a Municipal Wastewater Treatment Works
    Construction Grant offer, Step III, Construction, but in no
    event
    later than June 30,
    1981,
    The District maintains two sewage treatment plants.
    The
    sewers tributary to the plants are exclusively sanitary type
    sewers. During 1980, average total flow through the two plants
    was 14,919,000 gallons per day.
    The Northeast Treatment Plant discharges to Saline Drainage
    Ditch which
    is tributary to the West Branch of the Salt Fork of
    the Vermilion River.
    Saline Drainage Ditch has a seven-day,
    ten—year
    low flow of 2.4 cubic feet per second,
    The plant has
    a
    design average flow of
    16 million gallons per day
    (“MGD”) and is
    capable of bypassing both before and after primary treatment.
    Sanitary sewer overflows are present on the sewer system.
    The Southwest Treatment Plant Discharges
    to the Copper
    Slough Drainage Ditch which
    is
    tributary to the Kaskaskia River.
    Copper Slough Drainage Ditch has a seven—day,
    ten—year low flow
    of
    zero.
    The plant has a design average flow of
    5 MGD.
    During
    wet weather,
    inflow and infiltration into the sewer system result
    in hydraulic overloading and bypassing.
    The District is proceeding to construct improvements to the
    treatment plants and sanitary sewer system
    in order
    to improve
    effluent quality and to eliminate excessive infiltration and
    inflow problems.
    The Facilities Plan for the District’s Northeast Treatment
    Plant and Southwest Treatment Plant provides for expansion and
    improvements to increase design average flow capacity to 17.3
    MGI)
    and 5.9 MGD, respectively.
    The District asserts that contract
    41—336

    —3—
    completion for construction of the upgraded
    facilities will he
    achieved by December,
    1981.
    According to
    a progress report of
    January
    2,
    1981, submitted by the District in connection with the
    Construction Grants Program, construction of modifications for
    the treatment plants were 92.6
    complete as of December 31,
    1980,
    and According to Petitioner,
    upgrading of the sewer system is to
    be substantially completed by April
    30,
    1982.
    The District alleges that
    a denial of variance would he an
    arbitrary and unreasonable hardship in that it would become
    ineligible
    for federal grant assistance.
    A federal grant offer
    had not been consummated at the time of the filing of the variance.
    Since costs of construction are nearly $28 million dollars, and
    since none of the delays in construction have been caused by the
    District,
    the Board agrees.
    Furthermore, the District alleges, and the Agency does not
    disagree,
    that no major health threat would be imposed by
    a
    granting of the variance and that the District has never been
    identified as having caused any such threat.
    Finally, were the
    variance to be denied, the District would not be able to proceed
    with improvements and compliance would only be further delayed.
    The Board therefore finds that the variance should be
    granted as recommended.
    This Opinion constitutes
    the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Urbana and Champaign Sanitary District
    is hereby granted a
    variance from Condition
    No.
    1 and Condition No.
    2 of PCB Order
    77—271 to extend the time for completion of
    start-up operations
    to April
    1,
    1982,
    and from Condition No.
    I
    of PCB Order
    79—50 to
    extend the termination date to June,
    1982,
    subject to the
    condition set forth below:
    Within forty-five
    45
    days of the date of this Order,
    the District shall
    execute and forward to the Illinois
    Environmental Protection Agency,
    Division of Water Pollution
    Control, Variance Unit,
    2200 Churchill Road,
    Springfield,
    Illinois 62706,
    a Certificate of Acceptance and agreement to
    be bound by all terms and conditions of this variance.
    This
    forty—five day period shall be stayed for any period during
    which the matter is appealed.
    The form of the certification
    shall he
    as follows:
    41—337

    —4—
    CERTIFICATION
    ________
    hereby accepts and agrees
    (Petitioner)
    to be hound by all terms and conditions of the Order of the
    Pollution Control Board in PCB 81-26, dated__________
    ____
    Petitioner
    By
    :
    _____________________________
    Authorized Agent
    Title
    Date
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby c~rtifythat the above Opinion and Order
    was adopted
    pn
    the
    /
    ~
    day of
    ________________,
    1981 by
    a vote of
    ~O
    C ristan L. M~f~’tt,~
    Illinois Pollutlern Control Board
    4
    1—338

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