ILLINOIS POLLUTION CONTROL BOARD
    January
    8,
    1981
    CITY OF STAUNTON,
    Petitioner,
    v.
    )
    PCB 80—166
    ILLINOIS
    ENVIRONMENTAL PROTECTION
    AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by I, Goodman):
    On September 12,
    1980 the City of Staunton,
    Illinois
    (Staunton)
    filed a petition before the Board requesting variance
    from a requirement in its NPDES permit limiting the concentration
    of suspended solids in its discharge and from applicable standards
    of Chapter 3:
    Water Pollution of the Board~srules and regulations
    until August 1,
    1984.
    No hearing was held in this matter and the
    Board has received no public comment except as herein noted.
    Staunton treats surface water to produce a potable water for
    use by its citizens as well as by rural customers
    served by the
    city.
    Present average daily use is approximately 0.5 million
    gallons.
    The
    treatment process includes adding lime and alum in
    order to flocculate and settle the natural turbidity and suspended
    matter in the water.
    This process produces a sludge which is
    eventually discharged from the
    facility.
    In addition, powdered
    activated carbon is used on occasion to control
    taste and
    odor in
    the water supply.
    The main source of violations is
    the
    daily filter backwash
    operation of approximately 54,000 gallons.
    The hackwasning
    is
    estimated to contain approximately
    100 mg/I of
    suspended solids.
    Approximately every six months
    the
    settling basins are drained
    and cleaned, resulting
    in
    the discharge of 12,000 pounds of solids
    in a short period of time.
    Staunton alleges that
    it
    has been
    unable to comply with the permit limitations because land for
    lagooning of these wastes was not available at the water treatment
    plant site and that improvements to the system for the production
    and distribution of good quality, potable water was of a higher
    priority than treatment of the waste water.
    Staunton alleges an
    expenditure of approximately $750,000 on its water system for
    processing and transport equipment and repairs to this end.
    On November 12,
    1980 the City Attorney for Staunton filed
    a
    statement before the Board indicating that Staunton had purchased
    approximately fifty acres of land in the vicinity of the water
    40—265
    —2—
    treatment plant which is to be used to construct backwash and
    sludge holding lagoons with a minimum of three years’
    sludge
    production in each lagoon.
    Staunton is apparently conducting a
    survey and is
    in the process of designing the facilities to be
    located in the newly acquired property.
    Construction of the
    proposed facilities is expected to take approximately five months’
    time.
    Staunton alleges that no harm will accrue to the environment:
    if
    it is
    allowed to continue its present discharge until this time.
    In its recommendation the Illinois Environmental Protection
    Agency (Agency)
    does not dispute the facts alleged by Staunton
    except with respect to the claim that its discharge will not
    harm the environment.
    The Agency notes that the receiving streams
    are intermittent ones and questions the effect of a slug load of
    12,000 pounds of suspended solids on such a stream, notwithstanding
    Staunton’s claim of discharge only during heavy rainstorms.
    The
    primary Agency objection concerns the fact that Staunton has been
    out of compliance since July 1,
    1977, the date by which the NPDES
    permit schedule requires compliance.
    In addition, the Agency
    questions the need for a variance until August,
    1984, pointing
    out
    that Staunton has not submitted a compliance plan to support the
    length of time of the variance.
    Staunton has been very candid concerning the fact that part
    of the delay in compliance was due to a prioritizing of the needs
    of the community with respect to the water system.
    This,
    of course,
    does not change the fact that much of Staunton~sproblem seems to
    he self-imposed.
    On the other hand, there appears to be little
    potential damage to the environment should the Board grant Staunton
    a variance, especially if that variance contains specific conditions
    regarding both final compliance and minimization of interim pollution.
    On balance, the Board finds that a variance
    is warranted in
    this case under certain conditions.
    However,
    the Board agrees
    with the Agency’s statement that a variance until August of 1984
    is not warranted.
    Since land acquisition has been accomplished
    and the engineering studies are underway, based upon
    the
    allega-
    tions
    in the petition for variance, the Board will grant the
    variance until July 1,
    1982.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board
    in this matter,
    OER
    1.
    The City of Staunton is hereby granted variance from its
    NPDES permit no. 1L0051128 and from Chapter 3:
    Water Pollution
    Control of the Illinois Pollution Control Board~srules and regu-
    lations with respect to the discharge of suspended solids to a
    tributary of Cahokia Creek until July 1,
    1982,
    with respect only
    to
    (1)
    the daily discharge from the water filter backwash system
    and
    (2)
    a once—only discharge every six months from the settling
    tanks,
    under the following conditions:
    49—266
    —3—
    a.
    Within 90 days of the date of this Order, the City
    of Staunton shall submit a detailed compliance schedule to
    the Illinois Environmental Protection Agency containing
    specific completion dates for each stage of the construction
    plan.
    b.
    The City of Staunton shall submit quarterly reports
    to the Illinois Environmental Protection Agency with respect
    to its progress in meeting the compliance plan.
    C.
    The City of Staunton shall continue to use the
    procedures noted in its petition designed to minimize the
    effect of its discharges.
    d.
    Within 45 days of the date of this Order,
    the City
    of Staunton shall execute and forward to the Illinois Environ-
    mental Protection Agency, Variance Unit,
    2200 Churchill
    Road,
    Springfield,
    IL 62706,
    an executed Certification of acceptance
    and agreement to be bound by all conditions of this variance,
    The forty—five day period shall
    be stayed if the City of
    Staunton seeks judicial review of this variance pursuant to
    Section 41 of the Illinois Environmental Protection P~ct.
    The
    form of said Certification shall
    be as follows:
    CERTIFICATION
    I,
    (We,)
    ,
    having read
    the Order of the Illinois Pollution Control Board in PCB 80-166
    dated
    ____________________
    ,
    understand and accept the Order and
    agree to be bound by all of its terms and conditions.
    ,
    Petitioner
    ________________________________
    Authorized Agent
    _____________________________________
    ,
    I
    Title
    Date
    2.
    The Illinois Environmental Protection Agency
    is hereby
    authorized to modify NPDES permit no. IL0051128 consistent with
    this Opinion and Order.
    IT IS SO ORDERED.
    Mr. Dumelle dissents,
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control
    Board, hereby certify that the above Opinion and Order
    were adopted on the
    .3~
    day of
    ______________
    1981 by a vote
    of~L.
    Christan
    L.
    Moff~t,.t24Clerk
    Illinois Pollutior~c’ontrolBoard
    40—267

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