ILLINOIS POLLUTION CONTROL BOARD
    June
    22,
    1979
    VILLAGE OF SAUGET,
    Petitioner,
    V.
    )
    PCB 79—88
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Petitioner, has requested
    a variance from the effluent
    limitations in Rule 408(a) of Chapter
    3: Water Pollution
    pertaining to lead,
    nickel, and oils,
    fats and greases.
    Since Petitioner has already received
    a variance from the
    standard for oils,
    fats and greases
    (See Village of Sauget V.
    EPA,
    PCB 77—136,
    June
    22,
    1978,
    30 PCB 479),
    Petitioner is requesting
    a variance from paragraph
    2(a)
    of the Board’s Order dated
    June
    22,
    1978,
    The Agency has recommended that a variance
    be granted.
    No hearing was held.
    Petitioner has been operating a physical—chemical
    wastewater treatment plant since July,
    1977.
    The plant
    treats
    approximately
    9 million gallons of wastewater per
    day,
    Most of this wastewater originates with
    9 industries
    located
    within the village.
    Petitioner is the lead municipality
    of the American Bottoms
    Regional Treatment Authority which
    is constructing
    and will operate a regional sewage treatment
    facility.
    This regional facility will accept Petitioner’s
    wastewater,
    in conjunction with sewage from surrounding
    communities,
    The regional facility should be completed and
    operational by June
    30,
    1983.
    In PCB 77—136,
    the Board
    acknowledged Petitioner’s hardship in complying with the
    Rule 404 and 408 effluent standards and agreed that the
    present physical-chemical plant should not be required to
    meet these standards,
    The regional facility will be designed
    to comply with these standards,
    Since the Board granted Petitioner relief from Rule
    408(a),
    Petitioner has discovered that it cannot comply with
    the interim standard for oils,
    fats and greases
    (58 mg/l as
    a monthly average),
    the standard for lead
    (0.1 mg/l),
    and
    the standard for nickel
    (1,0 mg/l).
    These discoveries are
    attributed to additional data derived
    from periodic discharge
    monitoring reports,
    The present physical-chemical plant was designed to
    remove phase separable oil,
    not soluble oil,
    Consequently
    Petitioner knows
    of no effective way to reduce the present
    34—87
    —2—
    concentrations
    of soluble oil.
    Petitioner
    is not aware of
    any
    increase
    in
    oil discharged by its industrial contributors.
    Petitioner~s
    data
    show
    a
    range
    of
    44 mg/l to 349 mg/l
    as
    monthly
    averages
    of oil from January,
    1978
    to March,
    1979,
    In
    its
    Recommendation,
    the Agency attaches Petitioner’s
    discharge monitoring reports for this period which show a
    range
    of
    48
    mg/l
    to 187 mg/i.
    For
    the
    period
    from
    January,
    1979 to March,
    1979 Petitioner’s
    data
    show
    daily maximum concentrations of
    lead as high as
    0.74
    mg/i.
    Petitioner has indicated one day as high as 1,10
    mg/i
    but
    this
    was
    measured
    at
    an overflow outfall.
    Daily
    maximum concentrations of
    nickel have been recorded
    as high
    as
    2.63 mg/i during
    the same period.
    Petitioner has been
    attempting to identify
    its sources of nickel and lead and
    has adjusted
    pH and added polymer and flocculants
    to reduce
    these concentrations.
    To
    date these efforts have not been
    particularly successful,
    Consequently Petitioner has
    agreed
    to
    retain consulting services,
    test additional polymers and
    flocculants, and check
    its laboratory procedures to remedy
    these violations,
    The Board concludes that denial of
    a variance would
    constitute arbitrary or unreasonable hardship.
    Petitioner
    is unable to meet the effluent
    standard for
    fats,
    oil and
    greases and
    is in no position to do so,
    Compliance with
    this standard should not be expected until Petitioner’s
    effluent
    is
    diverted to a regional plant which will employ
    biological treatment,
    The
    Board agrees with the Agency’s
    suggestion that 200 mg/l
    as a
    monthly average be used as an
    interim effluent limitation
    for this parameter since Petitioner’s
    discharge monitoring reports
    show that this level has been
    approached but not exceeded,
    The
    Agency supports Petitioner’s
    requested interim effluent
    limitations for lead (0.38 mg/i
    monthly average and 0.78 daily
    maximum)
    and nickel
    (1,77
    mg/i monthly average and
    2.68 mg/i daily maximum),
    The Board
    agrees that these limitations represent Petitioner’s present
    capabilities.
    Petitioner’s program to cure its violations
    of
    these
    standards
    appears
    reasonable
    as
    long
    as
    it
    is
    followed.
    Consequently execution of this program will be
    required
    as
    a
    condition
    of
    this
    variance.
    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 408(a)
    of Chapter
    3:
    Water
    Pollution
    as
    it
    pertains to oils,
    fats and greases
    and paragraph 2(a)
    of the Board’s Order in PCB 77-136 until
    June
    30,
    1983
    and
    from Rule 408(a) of Chapter
    3:
    Water
    Pollution
    as
    it
    pertains to lead and nickel until May
    1,
    1980
    on
    the
    following conditions:
    34—88
    —3--
    1)
    During the terms of this variance Petitioner’s effluent
    shall not exceed the following limitations:
    Monthly average
    Daily maximum
    Oils,
    fats
    and greases
    200 mg/l
    Lead
    (total)
    0.38 mg/l
    0,78 mg/l
    Nickel
    (total)
    1.77 mg/l
    2.68 mg/l
    2)
    Petitioner
    shall continue its program outlined in
    paragraphs
    12 and 13 of the Petition to reduce effluent
    concentrations of lead and nickel and shall
    submit
    quarterly progress reports to the Agency.
    3)
    Within 45 days of the date of this Order, Petitioner
    shall execute
    a Certificate of acceptance and agreement
    to be bound by the terms and conditions of this variance.
    This
    45
    day period shall
    be held
    in abeyance if this
    matter is appealed,
    The Certificate shall
    be forwarded
    to the Illinois Environmental Protection Agency,
    Division
    of Water Pollution Control, Enforcement Programs,
    2200
    Churchill
    Road,
    Springfield,
    Illinois
    62706 and shall
    read as follows:
    CERTIFICATE
    I
    (We), ________________________________,
    having
    read and fully understanding the Order in PCB 79—88, hereby
    accept that Order and agree to be bound by all of its terms
    and conditions.
    SIGNED
    ___________________________
    TITLE
    __________________________
    DATE
    ____________________________
    The Agency is authorized to modify NPDES Permit No.
    IL
    0021407
    in
    a
    manner
    consistent
    with the terms
    of this Order.
    I,
    Christan L,
    Moffett, Clerk of the Illinois Pollution
    Control
    Board,
    hereby
    certi4y
    the
    above Opinion and Order
    were
    adopted
    on
    the
    ________________
    day
    of
    ~
    1979
    by
    a
    vote
    of
    ~
    Christan L.
    Mof
    ,
    Clerk
    Illinois Pollution
    ontrol Board
    34—89

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