ILLINOIS POLLUTION
CONTROL BOARD
March
19,
1982
CITY OF ELMHURST,
)
)
Petitioner,
v.
)
PCB 81~2O8
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE
BOARD
(by I. Goodman):
City of Elmhurst (Eimhurst) requests a variance
from a
condition of a variance granted it October
18,
1979,
35 PCB 519,
Therein Eimhurst was allowed five years, or until
its
treatment
facilities are upgraded,
to comply with the effluent
limitations
for BOD and suspended solids contained in Rule 404(f) of
Chapter
3:
Water Pollution,
This provision had two conditions.
First,
the in-plant discharge of the secondary effluent could not exceed
20 mg/i for BOD and 25 mg/i
for suspended solids on a monthly
average.
Second, the final discharge of the combined effluent
could not exceed
30 mg/i for BOD and 30 mg/i
for suspended solids
on a monthly average.
Elmhurst was also granted a five~-year
variance to comply with the ammonia nitrogen limitation
in
Rules
203(f)
and 402,1
of Chapter
3.
No hearing was held
in
this
matter and no public comments received.
Elmhurst operates a sewage treatment plant which was designed
to treat an average dry weather flow of 6.0 million gallons per
day
(MGD) with excess capacity of
9 MGD for primary and secondary
treatment of 25 MGD for excess flow,
Flow from the plant averaged
8.386 MGD from November
30,
1980 to November 28,
1981.
Effluent
from the plant is discharged to Salt Creek with an
average of
16.5 mg/i BOD,
13.40 mg/i suspended solids,
and 15.04
mg/i of
ammonia nitrogen.
The sewage collection system consists
of
separate sanitary and storm water systems.
Infiltration
and
inflow from this system,
along with excess
flows
following heavy
rainfails,
cause surges of suspended solids creating a
solids
handling problem at the treatment plant~ssecondary
clarifiers,
This results in excessive BOD and suspended
solids measured
in
the secondary clarifier stream.
Monthly average
concentrations
as high
as 65.5 mg/i BOD and 135.8 mg/i suspended
solids have
been recorded.
Additional
settling
in the excess flow clarifiers
(chlorine contact tanks) reduces these levels to monthly averages
below the 30/30 mg/i required in the final discharge
(Petitioner’s
Exhibit 2).
45—547
2
Excursions of the variance and permit conditions are a result
of the
treatment plant~saeration units being overloaded,
The
solids
handling problem also produces high liquid sludge disposal
costs.
Elmhurst has, therefore, made a commitment to improve the
solids
handling problem,
in advance of the Facilities Plan being
completed.
To date,
Elmhurst has expended $1,005,458.88 and
signed
a construction contract in the amount of $1,639,000,00 for
this project
alone.
The sludge handling system is estimated to be
completed by
March,
1983, while the Facilities Plan is estimated
to be completed
by May,
1987.
Elmhurst
is currently in Step
I of the Construction Grants
Program.
Estimated
completion is now not until May,
1987.
Ability to reduce the BOD and suspended
solids in the discharge
to the receiving stream
is unchanged from that when the October
18,
1978 variance was granted,
as is
its ability to reduce the
ammonia nitrogen
concentrations in its discharge
to the receiving
stream.
The
Discharge Monitoring Reports for November,
1980
through November,
1981 indicate that the limits set in that
variance are
generally being met for all three pollutants at
final discharge.
(Petitioner~sExhibit 2),
Elmhurst
seeks relief from the variance condition limiting
in-plant
discharges to 20/25 mg/i for BOD and suspended solids
until October
18,
1984, the duration of the original variance,
Also requested is
an
extension of the original
five years granted
to comply with the effluent limitations for BOD,
suspended
solids,
and ammonia nitrogen in its final discharge.
Elmhurst contends
that no additional environmental harm will
result to the receiving
stream if the variance
is granted,
and the time
extension
is
necessary due to unavoidable delays
in the Facilities Plan,
In its Recommendation,
the Agency agrees
with the requests
and reasoning of Petitioner,
although at the
time of the last
variance
it contended the 20/25 mg/l in—plant limitation for BOD
and suspended
solids could be achieved.
Based on the Discharge
Monitoring Report,
it
acknowledges
Elmhurst’s
inability to do
so.
The Agency
notes that Eimhurst
is making adequate progress
in the
Construction Grants Program.
The Agency
estimates that Elrnhurst
would be required to expend
$14,000,000 if required to proceed
funding the
Facilities Plan itself,
The Board concludes that
denial
of a
variance in bhis
instance would constitute arbitrary
and unreasonable hardship and
the extension
of time requested is based on a continuing need,
Eimhurst’s
expenditures to resolve the sludge handling problem,
along with
its continued progress in the Construction Grant
Program, signify
that Elmhurst
is doing
its part to improve
sewage treatment.
This Opinion constitutes
the Board’s finding of fact and
conclusions
of law in this matter.
45—548
3
ORDER
1.
The
City
of Elinhurst
is granted
variance from Rule 404(f)
and
Rules 402,1
and 203(f)
of Chapter 3:
Water
Pollution
until
March
1,
1987 or until upgrading
of its Treatment
Facilities
is completed, whichever occurs
first,
subject
to the
following conditions:
a)
Discharges
of combined effluent from the
excess
flow
clarifiers shall not exceed 30 mg/l BOD
and 30 mg/I
suspended solids as monthly averages.
b)
Discharges
shall not exceed 20 mg/I
ammonia nitrogen
as
a monthly average.
c)
All requirements of its construction grant
shall
be
adhered to by the City of Elmhurst to
maintain its
priority listing so that construction
of improvements
may
he achieved by the earliest possible date~
2.
The City
of
Elmhurst
is granted variance from Condition
1(a)
in
the Variance granted it 35 PCB 519 on
October
18,
1979.
3.
The Agency
is hereby authorized to reissue
NPDES Permit
No. 1L0028746
in
a
manner consistent with the
terms
of
this Order,
4.
Within 45 days of the date of this
Order, Petitioner shall
execute a certification of acceptance
and agreement to be
bound to
all terms and conditions of this variance,
The
certification shall be forwarded to
the Illinois
Environ-
mental Protection Agency, Compliance
Assurance Unit,
2200
Churchill Road,
Springfield,
Illinois
62706 and
shall
read
as
follows:
CERTIFICAT
ION
I,
(We),
__________________
_____
_____
,
having read
the Order of the Illinois
Polluti~
ontrol Board
in PCB 81—208,
dated
____________________________,
understand and accept the
said Order,
realizing that such acceptance renders
all terms
and
conditions
thereto binding and enforceable.
Petitioner
By:
Authorized
Agent
Title
Date
45—549
4
IT IS SO
ORDERED,
Board Member
D, Anderson abstained
I,
Christan L. Moffett,
Clerk of the
Illinois Pollution
Control Board, hereb
certify the abo e Opinion and
Order was
adopted on the
day of
~
1982 by a vote of
Christan L.
Mof
,
Clerk
Illinois Pollution Control Board
45—550