ILLINOIS POLLUTION CONTROL BOARD
March 19,
1982
CITY
OF WHITE HALL,
Petitioner,
v.
)
PCB 81—191
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent~
OPINION AND ORDER OF THE BOARD
(by J~D,Dumelle):
On December
4,
1981 the City of White Hall
(City)
filed
a petition for variance from Rule 602(c) of Chapter
3:
Water
Pollution,
and from the effluent discharge limitations as speci~
fled in its NPDES Permit No,
1L0022390 for BOD~(5~daybiochemical
oxygen demand),
SS
(suspended solids)
and ammot~ianitrogen
for a period of approximately two weeks~ M~endedpetitions
were filed on December 29, 1981 and January 11, 1982,
The
Illinois Environmental Protection Agency (Agency)
filed its
recommendation that the variance be granted, subject to certain
conditions, on February 16, 1982~ Hearing was properly waived,
and none was held.
The City owns and operates a wastewater facility in
Greene County which discharges to the Illinois River by way
of Seminary and Apple Creeks,
Wastewater received at the
facility is primarily domestic wastes, and treatment provided
includes screening, grit removal, primary settling, activated
sludge, rapid sand filters and disinfection,
Excess flows
are diverted to a storm water settling basin, disinfected, and
discharged.
while there
is some disagreement between the City~s
discharge figures and the Agency~sfigures,
the discrepancies
are not great and the Board will accept the Agency~sfigures
taken from Discharge Monitoring Reports of December, 1980
to November, 1981 and other figures as alleged.
These are
given in the table below:
TREATED
(monthly average)
UNTREATED (monthly average)
Flow
0.54 mgd
0.54
mgd
BOD5
5.7
mg/l
122 mg/l
SS
8,8
mg/i
120 mg/I
Ammonia Nitrogen
3.0
mg/i
45—543
—2—
The City requests this variance to allow bypassing of
the activated sludge unit while
it
is being painted.
The Agency
does not contest the fact that such work is needed.
However, as
the Agency points
out,
the request for variance from the permit
conditions
is unwarranted in that the City’s permit expired
on December 31,
1978 and the City failed to apply for a new
permit in a timely fashion (application was made June
8,
1979)
such that the facility is presently unpermitted.
Therefore,
variance from the rules underlying the previous permit is
required.
(The Board notes that a three year period between
permits has, apparently, been condoned by both parties to this
action.
Such should not be the case,
and it
is incumbent upon
both parties to rectify the situation expeditiously.
However,
that matter is not presently before the Board for resolution.)
Therefore,
the Board construes the petition as requesting
variance from Rules 203(f),
402 and 404(c)
of Chapter 3.
The record is silent as to whether this variance might
cause fish kills by depressing dissolved oxygen levels,
Given
the short period of time for which variance is
requested, however,
the Board finds that any adverse environmental impact would be
minimal.
In the long run this preventative maintenance work can
be expected to constitute an environmental benefit in that the
painting can be done under the best possible conditions rather
than under whatever conditions may exist at the time of facility
deterioration.
To insure that this
is the case, the Board will
condition the variance upon a good faith attempt to schedule
repairs during a period of low flow to the plant but when there
are flows
in the receiving stream,
and upon other conditions which
should serve to minimize any adverse impact.
Since these repairs would have to be done at some time
and the effluent quality would be expected to deteriorate if
variance were not granted,
the Board finds that failure to
grant this variance would constitute an arbitrary and unreason-
able hardship.
While the Agency has suggested interim limitations on
BOD5 and SS, the Board will not set any such limitations.
The
City will only be allowed to bypass the activated sludge unit
and will be required to operate the remainder of the facility
in
the best practical manner.
Since there is nothing else apparent
that the City could do to lower the effluent discharge levels,
no
point would be served by such limitations.
Finally, since the Agency may (and
it
is hoped that the
Agency will) issue a new NPDES permit during the period
of
this variance,
the Board will authorize the Agency to issue
such a permit in conformity with this variance pursuant to
Rule 914 of Chapter
3.
This Opinion constitutes the Board’s findings of
tact
and conclusions
of
law in this matter.
45—544
—3—
ORDER
The Board hereby orders that:
1.
The City of White Hall
(City)
is granted a variance
from Chapter
3 Rule 404(c)
as
it relates to BOD5 and
Suspended Solids;
2.
The City is granted a variance from Chapter
3 Rules
203(f) and 402 as they relate ammonia nitrogen; and
3.
The City is granted a variance from Chapter
3 Rule
602(c)
as
it relates to sewage treatment plant bypasses.
4.
The
variance as detailed
in paragraphs 1,2,
and
3,
above,
is granted for thirty (30)
days or until
completion of repairs, whichever occurs
first,,
This variance period is to commence within ninety
(90) days from the date of acceptance of the Order;
5.
The City shall operate its facility (except for the
activated sludge unit) in the best practical manner
during the variance period;
6.
Bypassing of only the activated sludge unit may
occur during the period of repair;
7.
The City shall provide the Environmental Protection
Agency (Agency) with notice, seven
(7)
days prior
to the date that the activated sludge unit
is
to he
taken out of service and afterward with the date
that the activated sludge unit is returned to service.
Notification shall be sent to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
Springfield,
Illinois
62706;
8.
The City shall make
a good faith effort to schedule
this maintenance work during a period of low flows to
the treatment facility but when there are flows in the
receiving stream;
9.
All wastewater flows shall receive a minimum of
primary treatment and disinfection prior to being
discharged, and as much wastewater as possible
shall be conveyed to the tertiary sand filters;
8.
The Agency is authorized to modify the BOD
suspended
solids, and ammonia nitrogen limits in NPD~5Permit
No. IL0022390 by issuing
a new permit;
and
9.
Within thirty
(30) days of the date of this Order,
the City shall execute and send to Steven
M.
Spiegel,
45—545
—4—
Attorney Advisor, Enforcement Programs,
Illinois
Environmental Protection Agency,
2200
Churchill
Road,
Springfield, Illinois 62706,
a Certification
of Acceptance by which it agrees to be bound by
the terms and conditions of this Order,
This thirty
(30) day period shall be held in abeyance
for any
period during which this matter is appealed.
The form
of said certification shall be as follows:
CERTIFICATION
I
(We),
____________________,
having read and fully under-
stand the Order of the Illinois Pollution Control Board, PCB
81-191, hereby accept that Order and agree to be hound
by all
terms and conditions thereof.
Signed
Title
Date
IT IS SO ORDERED.
I. Goodman abstained.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Order
was adopted on the
/j~
day of
_____,
1982 by a
vote of
3-c
•
~linois
Pollution
Control Board
45—54E