ILLINOIS POLLUTION CONTROL BOARD
    November 29,
    1979
    CITY OF SULLIVAN,
    Petitioner,
    v.
    )
    PCB 79—212
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumeile):
    Petitioner has requested a variance from Rule 402 to
    the extent Petitioner~s effluent must meet the Rule 203(d)
    standards
    for dissolved oxygen, Rule 203(d) and Rule 404(f)
    (ii)(A) of Chapter
    3: Water Pollution.
    The Agency has
    recommended that
    a variance be granted subject to conditions.
    No hearing was held.
    Petitioner
    is located in Moultrie County and operates
    a
    sewage treatment plant which serves a population of approximately
    4100 with an effluent discharge into Asa Creek, approximately
    2.1 miles
    upstream from Lake Shelbyvilie.
    Asa Creek provides
    a dilution ratio of
    1:1.
    Due to this low dilution ratio the
    effluent must meet the 4 mg/i BOD
    and 5 mg/i suspended
    solids requirements of Rule 404(f~of Chapter 3.
    Petitioner has undertaken an investigation of methods
    necessary to upgrade
    its facilities and has complied with
    the Interim Requirements of its NPDES Permit No.
    IL 0021806
    with standards of
    30 mg/i BOD5 and 30 mg/l suspended solids.
    A combined state Step 1-2—3 grant for design and construction
    of proposed renovations has been obtained with Step
    1 Sewer
    System Evaluation Survey Studies completed.
    The proposed
    upgrading of the system will result in
    a
    30 day average
    plant discharge o~10 mg/i BOD5 and 12 mg/i
    suspended solids.
    In February, 1976,
    an exception under Rule 404(f)(ii)(a)
    from Rule 404(f) was sought from the Agency permitting
    10
    mg/i BOD5 and 12 mg/i suspended solids provided the dissolved
    oxygen water quality standard of 6.0 mg/i
    is maintained
    downstream.
    The Agency denied the exemption in June,
    1978,
    concluding that the close proximity of Lake Shelbyville made
    the demonstration impossible.
    In R77-12, Docket
    C,
    the Agency has recommended deletion
    of Rule 404(f)
    of Chapter
    3
    in favor of establishing
    a 10
    36—199
    —2—
    mg/i BOD5,
    12 mg/i suspended solids limitations for dischargers
    to streams contributing less than a one to one dilution
    ratio provided that the discharge shows compliance with the
    applicable water quality standard.
    If this demonstration
    cannot be made,
    the discharger would be required to investigate
    alternatives to the present discharge.
    Should alternatives
    prove infeasible or economically unreasonable, the Agency
    would issue a permit for
    a discharge of
    10 mg/l BOD5 and 12
    mg/i suspended solids and establish
    a monitoring program,
    with the discharger,
    to determine the extent of
    impact on
    receiving waters.
    Petitioner has offered alternative methods to its
    discharge which were viewed as arbitrary and causing unnecessary
    hardship. The Agency then suggested that the monitoring
    program be imposed on Petitioner.
    The Board can find no rationale for the Agency’s imposition
    of
    a monitoring program on the Petitioner.
    The imposition
    of
    such testing of the receiving waters by the Agency and
    Petitioner would effect a prejudgment of R77-12, Docket C.
    The Board has not seen any evidence to show that
    a community
    the size of Petitioner’s should bear these additional
    costs.
    The Board
    finds that
    a variance
    is warranted for a period of
    2 years or until there is a regulatory change in R77-12,
    Docket
    C.
    This Opinion constitutes the Board’s findings
    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 Rule 402 to the extent
    Petitioner’s effluent must meet the Rule 203(d) standards
    for dissolved oxygen,
    Rule 203(d) and Rule 404(f)(ii)(A)
    for
    a period of two years from the date of this Order,
    or until
    any regulatory change
    in R77—12, Docket
    C, whichever occurs
    first,
    subject to the following conditions:
    1).
    Petitioner’s effluent shall not exceed 10 mg/i
    BOD5 or 12 mg/i suspended solids;
    2).
    The Agency shall modify Petitioners NPDES Permit
    No.
    IL 0021806 in a manner consistent with the
    terms of this Order.
    3).
    Within 45 days of the date of this Order,
    Petitioner
    shall execute a Certification of acceptance and
    agreement to be bound by all the terms and conditions
    of this variance.
    The Certification shall be
    forwarded to the Illinois Environmental Protection
    36—200
    —3—
    Agency, Division of Water Pollution Control,
    Variance Section,
    2200 Churchill Road, Springfield,
    Illinois 62706.
    This
    45 day period shall be held
    in abeyance if this matter is appealed.
    The form
    of the Certification shall read as follows:
    CERTIFICATION
    I,
    (We),
    having read and fully understanding the Order in PCB 79—212,
    hereby accept that Order and agree to be bound by all of its
    terms and conditions.
    SIGNED __________________________
    TITLE
    ____
    ________________
    DATE
    ___________________________
    The Agency’s motion for leave to file its Recommendation
    seven days instanter is hereby granted.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adopted on the
    —______________
    day of~f~~44~,
    1979 by a vote of ______________________
    Q4stanL.Moff~~er~~
    Illinois Pollution Control Board
    36—20 1

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