ILLINOIS POLLUTION CONTROL BOARD
May 24, 1979
COMMONWEALTH EDISON COMPANY,
Petitioner,
v.
)
PCB 79—51
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
Petitioner has requested variances from the effluent
standards applicable to the discharges of treated sewage
from its Joliet and Will County electric generating stations
and its Joliet Headquarters Building. The Agency has
recommended that variances be granted for all of the
discharges from these three facilities. No hearing was
held.
Petitioner holds two NPDES permits which set limits on
the discharge of wastewater from the Joliet and Will County
Generating Stations. Petitioner has applied for a NPDES
permit for the discharge of wastewater from its recently
completed Joliet Headquarters Building. The Agency has
indicated that it can neither reissue the first two permits
nor issue the third because the discharges may cause or
contribute to downstream violations of applicable dissolved
oxygen water quality standards. This conclusion was based
on a computer model prepared by the Northeastern Illinois
Planning Commission (NIPC) and submitted as part of NIPC’s
water quality management plan prepared pursuant to Section
208 of the Clean Water Act. This model was the subject of a
prior Board variance which granted similar relief to over
250 dischargers (Village of Bloomingdale v. EPA, PCB 78-124,
October 19, 1978, 31 PCB 125, November 2, 1978, and November
30, 1978). In Bloomingdale, the Board commented as follows
on the use of this model:
“The Board finds that it need not determine whether or
not the model’s predictions are accurate. By its very
existence the NIPC study provides evidence of possible
present and future violations of the Board’s dissolved
oxygen water quality standard. While the model does
not provide conclusive proof that any individual
discharge will cause or contribute to violations, the
Board sees no reason why the model’s conclusions should
be challenged in a series of permit denial appeals or
33—60 1
—2
obviated in a series of variances. Extensive
litigation would constitute economic hardship on
hundreds of dischargers and would impose an
administrative burden on the Agency. This hardship is
rendered arbitrary or unreasonable by virtue of the
fact that it may be needless. Pending regulatory
changes may remove the need for some of this
litigation.”
The Board hereby incorporates the record and its
findings and conclusions in ~
in the record of
this matter.
The NPDES permits for the Joliet and Will County
Stations provide effluent limitations of 30 mg/i as a daily
average and 45 mg/i as a daily maximum for both BOD and
suspended solids.
The effluent from the Joliet Headquarters Building is
discharged into an unnamed drainage ditch which provides a
dilution ratio of less than one to one. Petitioner
submitted an application for an exemption under Rule
404(f)(ii) to set the effluent limitation for this discharge
at 10 mg/l BOD and 12 mg/i suspended solids. This
application was denied on the basis of the NIPC model.
Without variances Petitioner’s only alternatives are
termination of all discharges or construction of additional
treatment facilities to eliminate all deoxygenating wastes.
Petitioner contends that the hardship and expense associated
with these alternatives far outweighs any environmental
improvement which would result.
The Agency has recommended that these variances include
all the discharges from the Joliet and Will County Stations.
The Agency feels that the thermal components of these
discharges may have some effect on downstream dissolved
oxygen levels.
The Board concludes that denial of these variances
would constitute arbitrary or unreasonable hardship on
Petitioner. The reasoning in Bloomingdale must be employed
in this matter to avoid inequitable results. Although the
Agency has shown that Petitioner has not consistently met
the 30/30 standard at the generating stations, the Board
will require that these standards be met. Proper operation
and maintenance of these existing facilities should result
in compliance with 30/30 which also represents the least
stringent standard the Board can set and be consistent with
Federal law. The discharge from the Joliet Headquarters
Building will be set at 10 mg/l BOD and 12 mg/i suspended
solids, since by applying for an exemption under Rule
404(f)(ii), Petitioner has indicated it can meet this
standard. The variances from Rule 902(i)(l)(iii),
33—602
—3
910(a)(4), and 910(b) shall be granted solely for the
purpose of reissuance of the NPDES permits for the
generating stations ~nd issuance of the NPDES permit for the
Joliet Headquarters Building. The Board agrees with the
Agency’s suggestion that the variances for the discharges
from the generating stations should cover all of the
discharges.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
1) Petitioner is hereby granted a variance from Rules
203(d), 402 (as it pertains to dissolved oxygen), and
902(i)(l)(iii) of Chapter 3: Water Pollution until
October 19, 1983 for the discharge from its Will County
generating station.
2) Petitioner is hereby granted a variance from Rules
205(c), 402 (as it pertains to dissolved oxygen) and
902(i)(l)(iii) of Chapter 3: Water Pollution until
October 19, 1983 for the discharge from its Joliet
generating station.
3) Petitioner is hereby granted a variance from Rule
203(d), 402 (as it pertains to dissolved oxygen),
910(a)(4) and 910(b) of Chapter 3: Water Pollution,
until October 19, 1983 for the discharge from its
Joliet Headquarters Building.
4) Petitioner is hereby granted a variance from Rule
404(f) of Chapter 3: Water Pollution until October 19,
1983 or until the Board takes final action in R77—12,
Docket C, whichever occurs first, for the discharge
from its Joliet Headquarters Building.
5) The treated sewage discharges from the Will County and
Joliet generating stations shall be limited to 30 mg/l
as a 30 day average and 45 mg/i as a seven day average
for both BOD and suspended solids.
6) The treated sewage discharge from the Joliet
Headquarters Building shall be limited to 10 mg/l BOD
and 12 mg/i suspended solids as 30 day averages.
7) The Agency is hereby authorized to reissue NPDES
permits for the discharges from the Will County and
Joliet generating stations and issue a NPDES permit for
the discharge from the Joliet Headquarters Building in
a manner consistent with the terms of this Order
including terms and conditions consistent with best
practicable treatment, operation and maintenance for
Petitioner’s facilities.
33—603
—4—
8) Within 45 days of the date of this Order, Petitioner
shall execute a Certification of acceptance and
agreement to be bound by all the terms and conditions
of these variances. The Certification shall be
forwarded to the Illinois Environmental Protection
Agency, Division of Water Pollution Control, Variance
Section, 2200 Churchill Road, Springfield, Illinois
62706. This 45 day period shall be held in abeyance if
this matter is appealed. The form of the Certification
shall read as follows:
CERTIFICATION
I (We),
having
read and fully understanding the Order in PCB 79—51 hereby
accept that Order and agree to be bound by all of its terms
and conditions.
SIGNED
_____________________
TITLE ________________________
DATE _________________________
IT IS SO
ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order
~
adoPted on th
______________
yof
uT~~
~st~~~ierk
Illinois Pollution Control Board
33—604