ILLINOIS POLLUTION CONTROL BOARD
    October
    4,
    1979
    VILLAGE OF BETHANY,
    Petitioner,
    v
    )
    PCB 79—173
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Dumelie):
    Petitioner has requested a variance from Rules
    404 and
    402 as
    it pertains to deoxygenating wastes and 402.1 and
    203(f)
    as
    it pertains to ammonia nitrogen.
    The Agency has
    recommended that a variance be granted.
    No hearing was
    held.
    Petitioner was
    granted a variance from the phosphorus
    standards in Village
    of Bethany v.
    EPA,
    PCB 76—230,
    24 PCB
    349, December 2,
    1976.
    The Board takes notice of the record
    in that proceeding.
    Petitioner operates a sewage treatment plant in Moultrie
    County with a designed average flow of 200,000 gallons per
    day. The plant discharges to an unnamed tributary of Marrowbone
    Creek which
    flows into Lake Shelbyville.
    Petitioner
    is presently required by Rule 404(f) to
    maintain effluent quality of 4 mg/i BOD and 5 mg/i suspended
    solids
    (4/5).
    Petitioner applied
    to the Agency for a Pfeffer
    exemption which would have allowed
    a 10/12 standard but was
    denied because of inability to model downstream dissolved
    oxygen.
    Presumably
    this decision was based on the problems
    encountered by discharging
    to a tributary of Lake Shelbyville.
    Both Petitioner and the Agency agree that Petitioner is
    presently unable to meet the 4/5 standard.
    Petitioner’s
    Facilities Plan
    (Step
    1 of
    its construction grant) determined
    that the most cost effective method to pursue was upgrading
    to meet a 10/12 standard and the addition of rotating biological
    contactors for ammonia removal.
    These improvements are
    scheduled for completion by March,
    1981.
    Petitioner claims
    and the Agency agrees that Petitioner’s other alternatives to
    its planned course,
    transporting its waste
    to another watershed
    or land application, are economically unreasonable.
    The Board concludes that denial of a variance from Rule
    404(f) would constitute arbitrary or unreasonable hardship.
    Compliance with the 4/5 standard would involve great expense
    —2—
    on Petitioner’s part which may be rendered unnecessary if
    the Board adopts the pending rule change
    (R77—12, Docket C)
    which would drop the 4/5 standard.
    The Board does not feel
    it would be appropriate
    to
    require Petitioner
    to comply with
    the Agency’s requested schedule of sampling for dissolved
    oxygen,
    BOO, ammonia and pH.
    The Agency has not shown that
    a community the size of Petitioner’s (population 1300)
    should bear these additional costs.
    Petitioner has also requested relief from Rule 402.1.
    While Petitioner has untreated influent
    less than 60 pounds
    per day and its treatment plant was
    in existence on April
    11,
    1977,
    the plant
    needs upgrading to comply with Rule
    404(f). Consequently Petitioner does not qualify for an
    exemption from ammonia removal under Rule 402.1(a).
    The
    Agency has advised the Board that on at least one occasion
    in the past year Petitioner’s effluent has caused the receiving
    stream to reach
    6.4 rng/l ammonia nitrogen.
    Consequently
    Petitioner
    is presently required by Rule 402.1(b) to comply
    with Rule 203(f)
    from April
    to October and with an effluent
    standard of 4.0 mg/l from November through March.
    Since
    Petitioner is already planning to install ammonia removal
    facilities by March,
    1981,
    denial
    of a variance from Rules
    203(f) and 402.1(b) would also constitute arbitrary or
    unreasonable hardship.
    ORDER
    1.
    Petitioner
    is hereby granted
    a variance from Rule
    404(f) of Chapter
    3: Water Pollution for two years from
    the date of this Order or until the Board reaches
    a
    final decision in R77—12, Docket
    C, whichever occurs
    first,
    subject to the condition that discharges
    from
    Petitioner’s treatment facilities not exceed 10 mg/l
    BOD and 12 mg/i suspended solids as monthly averages.
    2.
    Petitioner
    is hereby granted a variance from Rules
    203(f)
    as
    it pertains
    to ammonia nitrogen and 402.1(b)
    for two years from the date of this Order or until
    ammonia removal facilities are operational, whichever
    occurs
    first.
    3.
    The Agency is hereby authorized to modify or reissue
    Petitioner~sNPDES permit in a manner consistent with
    the terms
    of this Order including the application of
    interim effluent limitations based on best practicable
    operation and maintenance of existing treatment facilities.
    4.
    Within 45 days of the date of this Order,
    Petitioner
    shall
    execute a certification of acceptance and agreement
    to be bound to all the terms and conditions of this
    variance. This
    45 day period shall he held in abeyance
    if this matter is appealed.
    The certification shall be
    35—494
    —3—
    forwarded to the Illinois Environmental Protection
    Agency,
    Division of Water Pollution Control,
    2200
    Churchill Road, Springfield, Illinois
    62706 and shall
    read as follows:
    CERTIFICATION
    I
    (We),
    ,
    having
    read and fully understanding the Order in PCB 79—173 hereby
    accept that Order and agree to be bound by all of its terms
    and conditions.
    SIGNED
    ________________________________
    TITLE
    _________________________________
    DATE
    ____________________________________
    IT
    IS SO ORDERED.
    Dr. Satchell abstains.
    I, Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby ceç~ifythe above Opinion
    n
    Order
    were adopted on the
    _________________
    day of
    1979 by a vote of
    3~..Q
    Christan L. Moffet
    ,
    rk
    Illinois Pollution
    n rol Board
    35—495

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