ILLINOIS POLLUTION CONTROL BOARD
    October 18, 1979
    CITY OF ELMHURST,
    Petitioner,
    v.
    )
    PCB 79—113
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumeile):
    Petitioner requested a variance from the effluent
    standards for deoxygenating wastes in Rule 404(f) and ammonia
    nitrogen in Rule 402.1 and 203(f) of Chapter 3: Water Pollution.
    At the hearing Petitioner withdrew its request that it be
    removed from the list of communities on restricted status.
    (R.5)
    Petitioner was one of the dischargers included in the
    Board’s Order in Village of Bloomingdale v.
    EPA,
    PCB 78—124,
    31 PCB 671, October 19, 1978.
    That case provided relief for
    over 250 dischargers
    from the dissolved oxygen requirements
    of Rules
    203(d) and 402 of Chapter 3: Water Pollution and
    from Rule 404(f).
    The relief from 404(f) involved a rollback
    to the 10 mg/l BOD5 and 12 mg/l suspended solids standards.
    No relief from the ammonia nitrogen standards was given
    in
    that case.
    Petitioner 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 and primary treatment of 25
    MGD for excess
    flow.
    Flow from the plant averaged 9.35 MGD
    from November, 1977 to November,
    1978.
    Effluent from the
    plant is discharged to Salt Creek with an average of 14.5
    mg/i BOD5,
    14.6 mg/i suspended solids and 16 mg/i ammonia
    nitrogen. Petitioner has experienced surges from infiltration
    and inflow in its collection system which along with excess
    flows following heavy rainfails have reduced treatment
    efficiency.
    As a result monthly average effluent concentrations
    as high as 20.9 mg/i BODç and 32.4 mg/l suspended solids
    have been recorded.
    WhiTe Petitioner does not provide
    separate facilities for removal
    of ammonia nitrogen,
    it has
    applied for a construction grant to remedy this problem
    along with excessive infiltration and inflow.
    The cost of all
    necessary improvements has been estimated at $14,000,000 in 1976
    dollars.
    Petitioner also intends to provide interim relief
    35—519
    —2—
    measures in late 1980 at a cost of $1,000,000 which should
    achieve consistent compliance with standards of 20 mg/i BOD5
    and 25 mg/i suspended solids.
    Petitioner contends that the water quality in Salt
    Creek has suffered from a number of factors.
    These include
    16 upstream sewage treatment plant discharges,
    surface
    runoff, and intermittent discharges from combined and separate
    sewer systems.
    Even though extensive improvements are
    expected from the Northeastern Illinois Planning Commission’s
    Areawide Water Quality Management Plan; bottom conditions,
    seasonal low flows,
    and the physical limitations of Salt
    Creek will continue to limit recreational uses.
    Petitioner contends its past good faith efforts to
    separate its storm and sanitary sewers and its compliance
    with the construction grants program should be viewed as
    adequate progress toward solving its problems.
    Petitioner
    feels
    it should not be required to move ahead with improvements
    at its own expense in light of its past and present achievements.
    Petitioner
    is asking that it be permitted to discharge at a
    level
    of
    30 mg/i BOD5 and 30 mg/i suspended solids
    (the
    Federal minimum) and 20 mg/i ammonia nitrogen until its
    improvements are completed.
    In its Recommendation the Agency cites recent discharge
    monitoring reports
    (DMR’s) to show that during March,
    1979
    Petitioner’s effluent concentrations reached 22.5 mg/i BOD5
    and 45.9 mg/i suspended solids.
    The Agency estimates that
    funding for needed improvements is at least three years
    away. While the Agency admits that Petitioner should not be
    required
    to make all its improvements immediately,
    Petitioner’s
    recent DMR’s
    (March,
    1979 excluded) show an immediate ability
    to comply with interim standards of
    20 mg/i BODç and 25 mg/i
    suspended solids.
    The Agency’s estimates of Pefitioner’s
    present capabilities are limited to the discharge from its
    final clarifier prior to mixing with excess bypass flows.
    The Agency agrees that an interim standard of
    20 mg/l ammonia
    nitrogen is appropriate.
    At the hearing two citizens testified that Petitioner
    should remain on restricted status.
    As noted previously,
    this request for relief was dropped.
    The Board concludes that denial of a variance in this
    instance would constitute arbitrary or unreasonable hardship.
    As long as Petitioner participates in the construction grant
    process in a timely fashion, it will be doing its part to
    improve sewage treatment.
    While the Board endorses Petitioner’s
    efforts at interim improvements,
    it agrees with the Agency’s
    contention that Petitioner’s secondary effluent should be
    required to meet standards of 20 mg/I BOD5,
    25 mg/i suspended
    solids and 20 mg/i ammonia nitrogen as monthly averages.
    35—520
    —3—
    This Opinion constitutes the Board’s finding of fact
    and
    conclusions of law in this matter.
    ORDER
    1.
    Petitioner
    is hereby granted
    a variance from Rule
    404(f)
    of Chapter
    3: Water Pollution for five years
    from the date of this Order or until upgrading of
    Petitioner’s treatment facilities
    is completed, whichever
    occurs first,
    subject
    to the following conditions:
    a)
    Discharges of
    secondary effluent from the final
    clarifier prior to mixing with excess flow bypasses
    shall not exceed 20 mg/i BOD,~and 25 mg/l suspended
    solids as monthly averages; ~nd
    b)
    Discharges of combined effluent from the excess
    flow clarifiers shall not exceed 30 mg/i BOD5 and
    30 mg/i suspended solids as monthly averages.
    2.
    Petitioner
    is hereby granted a variance from Rules
    402.1 and 203(f)
    as
    it pertains to ammonia nitrogen of
    Chapter 3: Water Pollution for five years from the date
    of this Order or until upgrading of Petitioner’s treatment
    facilities
    is completed,
    whichever occurs first,
    subject
    to the condition that discharges not exceed 20 mg/i
    ammonia nitrogen as
    a monthly average.
    3.
    Petitioner
    shall adhere to all requirements
    of its
    construction grant to maintain its priority
    listing so
    that construction of improvements may be achieved by
    the earliest possible date.
    4.
    The Agency is hereby authorized to modify or reissue
    NPDES Permit No.
    IL0028746 in a manner consistent with
    the terms of this Order.
    5.
    Within
    45 days of the date of this Order,
    Petitioner
    shall execute a certification of acceptatnce and agreement
    to be bound to all terms and conditions
    of this variance.
    The certification shall be
    forwarded to the Illinois
    Environmental Protection Agency, Compliance Assurance
    Unit,
    2200 Churchill Road, Springfield, Illinois
    62706
    and shall
    read as follows:
    CERTIFICATION
    I
    (We),
    —_____
    _________________,
    having
    read and fully understanding the Order in PCB 79—113 hereby
    35—52 1
    —4—
    accept
    that
    Order
    and
    agree
    to
    be
    and conditions.
    SIGNED
    ______
    TITLE
    _______
    DATE
    bound by all
    of its terms
    IT
    IS
    SO
    ORDERED
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control Board, hereby certify the above Opinio
    a d Order was
    adopted on the
    day of
    __________________
    1979 by a vote
    o:
    Illinois
    Poilutio:
    :ontrol Board
    35— 522

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