ILLINOIS POLLUTION CONTROL BOARD
    November 29,
    1979
    URBANA AND CHAMPAIGN
    SANITARY DISTRICT,
    Petitioner,
    v.
    )
    PCB 79—186
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Mr.
    J.
    C. ERMENTROUT appeared on behalf of Petitioner.
    MR. PHILIP
    L. WILLMAN, ASSISTANT ATTORNEY GENERAL, appeared
    on behalf of Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    On September
    4,
    1979 Petitioner
    filed for a variance
    from Rules 203
    (g), 402 and 405 of Chapter
    3: Water Pollution
    as they apply to
    fecal
    coliform.
    Modification of Petitioner’s
    NPDES
    Permits Nos.
    IL 0031500 and IL
    0031526 allowing the
    suspension of chlorination for a period of one year is
    sought
    so that the Illinois Institute of Natural Resources
    can conduct a study on the effect of chlorine and chloramines
    on aquatic
    life.
    The Agency has recommended that the variance
    be
    granted for the period of one year, subject to conditions.
    A hearing was held on October 25, 1979
    in Champaign,
    Illinois.
    Petitioner operates and maintains two sewage treatment
    plants,
    its Northeast plant and its Southwest plant.
    Both
    plants operate under NPDES permits which establish an effluent
    limitation for fecal coliform.
    The permits expire April
    1,
    1982.
    Beginning on May 1, 1978 and ending on or about August
    31, 1979,
    the Illinois Institute of Natural Resources
    (the
    Institute) engaged
    in a study to assess the economic benefit
    of nitrification treatment on Illinois waters.
    As part of
    this study, Petitioner’s two wastewater treatment plants
    were analyzed.
    In June of 1979 Petitioner received a request
    from the Institute to participate in continued research of
    its receiving streams pertaining to chlorination of plant
    effluents.
    This would require the discontinuance
    of disinfection
    36—187

    —2—
    facilities
    for a period of approximately one year to account
    for the effect of seasonal changes on the aquatic
    life in
    the receiving streams.
    Petitioner agreed with the concept
    and the need for additional
    scientific research regarding
    the effects
    of chlorination.
    Revised NPDES permits would be
    necessary for Petitioner
    to maintain compliance with Board
    rules.
    At the hearing, a witness for Petitioner explained the
    proposed study.
    A six month period of monitoring the chlorinated
    system would be undertaken, followed by a one year period of
    discontinuing chlorination, then six months
    of resumed
    chlorination.
    The effects prior and subsequent to chlorination
    could then be observed
    (R.
    6).
    The Agency has submitted a proposal to delete Rules 203
    (g) and 405
    of Chapter
    3.
    This request is presently filed
    as R77—12, Docket D.
    Should this proposed rule change be
    adopted and the Institute has not ended its study the petitioner
    will resume chlorinating the effluent 395 days after the
    modified permits are issued and continue to do so for an
    interval long enough to account for all major seasonal
    changes.
    The Institute will seek funds necessary to offset
    the cost of chlorine for Petitioner to continue in the
    research project when rechiorination becomes necessary
    within the program
    (R. 13).
    Should the Institute prove
    unable to provide the funds Petitioner has agreed to cove.r
    the cost
    (R.
    15).
    The Agency supports the variance from Rules 203
    (g),
    405 and 402 as
    they apply to fecal coliform for a period of
    one year at the Northeast and Southwest plants.
    In connection
    with its proposed rule change, the Agency has offered to
    provide evidence that chlorine
    is toxic to aquatic
    life and
    that chlorination may be ineffective
    in reducing pathogens.
    It is the Agency’s opinion that further studies on the
    biological
    effects
    of chlorination and recovery following
    cessation of chlorination will he of some public benefit.
    The Board concludes that although Petitioner has not
    demonstrated arbitrary or unreasonable hardship,
    further
    studies of the effects of chlorination are necessary and
    finds the conditions imposed on Petitioner during the period
    of its variance to be reasonable. No mention appears
    in the
    record of possible danger to the public from wading or
    canoeing
    in the receiving stream when chlorination has
    ceased.
    Petitioner will
    file a report to the Board and
    Agency within 30 days of the date of this Order detailing
    the extent of
    such public uses of the stream
    in a 20 mile
    distance downstream of the discharges.
    The Board shall
    retain jurisdiction for the purposes of reviewing this
    report.
    36—188

    —3—
    This Opinion constitutes the Board’s finding of fact
    and conclusions of law in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that
    Petitioner be granted
    a variance from Rules 203
    (g),
    405 and
    402
    of Chapter
    3: Water Pollution as they apply to fecal
    coliform,
    for a period of one year at the Northeast and
    Southwest plants subject to the following terms and conditions:
    1).
    Petitioner’s NPDES Permits Nos.
    IL 0031500 and IL
    0031526 shall
    be modified to permit suspension of
    chlorination for a period of 365 days to begin 30 days
    after the modified permits are issued.
    2).
    Petitioner’s variance shall automatically terminate
    should the Institute elect
    to end its study within the
    one year period.
    3).
    At the end of the 365 day period described in Paragraph
    1,
    Petitioner shall comply with the Board’s decision
    on the proposed rule change
    in R77—12, Docket
    D.
    4).
    Within 30 days of the date
    of this
    Order the Petitioner
    shall file a report with the Board and Agency detailing
    the extent,
    if
    any,
    of wading and canoeing by the
    public in the receiving stream for a distance of 20
    miles downstream of the discharges.
    5).
    The Board shall retain jurisdiction
    in this case
    for
    the sole purpose
    of renewing the report described in
    Paragraph
    4.
    6).
    Within 45 days of the date of this Order, Petitioner
    shall execute of certification of acceptance and agreement
    to be bound to the terms and conditions of this variance.
    This
    45 day period shall
    be held
    in abeyance if this
    matter is appealed.
    The certification shall
    be forwarded
    to the Illinois Environmental Protection Agency,
    Variance
    Section,
    2200 Churchill Road,
    Springfield, Illinois
    62706
    shall
    read
    as follows:
    CERTIFICATION
    I
    (We),
    —*
    —_______
    having
    read and fully understanding the Order in PCB 79—186,
    hereby
    accept that Order and agree to be bound by all of its terms
    and conditions.
    SIGNED
    TITLE
    DATE
    36—189

    —4—
    IT IS
    SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify the above Opi ion and Order
    were adopted on the
    ~
    ,
    day of
    ~
    ,
    1979 by a vote of
    Christan L. Moffett,~,brk
    Illinois Pollution Control Board
    .~
    36—190

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