ILLINOIS POLLUTION CONTROL BOARD
    March
    1,
    1979
    VILLAGE OF IRVING,
    Petitioner,
    PCB 78—309
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by Mr. Young):
    This matter comes before the Board on a Petition for
    Variance by the Village of Irving filed December 22,
    1978,
    seeking variance from Rules 203(c)
    and 402 of Chapter
    3:
    Water Pollution,
    of the Pollution Control Board Rules and
    Regulations,
    as those rules apply to phosphorus.
    Hearing
    was waived by the Petitioner~ an Agency Recommendation
    favorable
    to a grant of the variance requested was filed
    January 24,
    1979.
    The Village of Irving, 1970 population
    599,
    located
    in Montgomery County, Illinois,
    has just completed con-
    struction of sewage treatment facilities consisting of two
    naturally-aerated lagoons followed by slow sand filters and
    chlorination facilities.
    Although there has been no dis-
    charge to date,
    the facility will discharge, under NPDES
    Permit No. IL005388l,
    to Little Creek which
    is tributary to
    the Middle Fork of Shoal Creek.
    Little Creek is an inter-
    mittent stream and at times the only flow therein results
    from the discharge
    (0.03 MGD)
    of the facility.
    Since the
    City of Hillshoro has constructed a dam across the Middle
    Fork of Shoal Creek, the facility would be limited to an
    effluent discharge containing a phosphorus concentration of
    no more than 0.05
    rng/l by Rules 203(c)
    and 402
    (Pet.
    1,
    2;
    Rec.
    2).
    The Village has examined alternative methods of compliance
    with the phosphorus limitations of Chapter
    3; none are
    economically reasonable
    (Pet,
    3,
    Rec.
    3).
    The projected
    discharge of phosphorus
    is expected to be 2.5 pounds per
    day
    (Rec,
    3).
    3
    43
    —2—
    The Board is familiar with the problems facing municipal
    dischargers
    in
    meeting
    0.05 mg/l phosphorus water quality
    and effluent standards.
    c
    ~Hooeston,
    PCB 76-234,
    24
    PCB 441;
    Southern Illinois University
    ardsville, PCB
    77—111,
    25 PCB 775;
    y
    ~LWat~C2man,Inc.,
    PCE 77—146,
    25 PCB 289,
    In those and other cases,
    the Agency and the Board have
    recognized that it is economically impractical for the
    petitioners to comply with the current phosphorus limitation
    of Chapter
    3.
    In addition, the Agency has petitioned the
    Board in regulatory proposal R76—l for appropriate amendments
    to the phosphorus effluent and water quality standards of
    the Water Pollution Regulations and the Board has adopted
    a proposed final Order for publication and comment.
    If
    regulatory proposal R76~1is adopted as now proposed,
    the
    Village of Irving would not be required to provide phosphorus
    removal,
    The Board will direct the Agency to issue a new NPDES
    permit to Petitioner consistent with this Order pursuant to
    Rule 914 of Chapter
    3
    and to include phosphorus effluent
    limitations as may be reasonably achieved through the
    application of
    best
    practicable operation and maintenance
    practices in the existing facilities.
    This Opinion constitutes the Board~s findings of fact
    and conclusions of law in this matter.
    ORDER
    1.
    The Village of Irving is granted a variance for
    the operation of its wastewater treatment plant from Rules
    203(c)
    and 402 of Chapter
    3:
    Water Pollution Rules and
    Regulations regarding phosphorus for five years from the
    date of this Order subject to the following condition:
    (a)
    This variance will
    earlier terminate
    upon adoption by the Board of any
    modification of the existing phosphorus
    water
    quality
    standards
    and effluent
    limitations and the Village shall
    comply with such revised regulations
    when adopted by the Board.
    2.
    Petitioner,
    within
    30 days of the date of this
    Order, shall request Agency modification of NPDES permit
    to incorporate all conditions of the variance set forth
    herein.
    33—44
    —3—
    3.
    The Agency, pursuant to Rule 914 of Chapter
    3,
    shall issue a new NPDES permit consistent with the conditions
    set forth in this Order including appropriate monitoring
    requirements and such phosphorus effluent limitations as
    may reasonably he achieved through the application of best
    practicable operation and maintenance practices in the
    existing facilities,
    4.
    Within forty-five
    (45)
    days of the date of this
    Order, the Petitioner shall submit to Enforcement Programs,
    Division of Water Pollution Control,
    Illinois Environmental
    Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois,
    62706,
    an executed Certification of Acceptance and Agreement
    to be bound to all terms and conditions
    of the variance.
    The forty-five day period herein shall be suspended in the
    event of judicial review of this variance pursuant to Section
    41 of the Environmental Protection Act,
    The form of said
    certification shall he as follows:
    CERTIFICATION
    I,
    (We), *_______________________
    having read the
    Order of the Pollution Control Board in
    PCJ3 78-309,
    understand and accept said Order, realizing that
    such acceptance renders all terms and conditions
    thereto binding and enforceable.
    SIGNED
    TITLE
    DATE
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby ~~tify
    the above 0 inion and Order
    were adopted on the
    J
    day of
    1)’)
    ,
    1979 by
    a vote of
    ~
    Illinois Pol
    )ntrol Board
    33—L.5

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