ILLINOIS POLLUTION CONTROL BOARD
    August
    24,
    1978
    VILLAGE
    OF
    H~.NOVERPARK,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 78—122
    ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This matter comes before the Board on an Amended Petition
    for Variance filed on June 16,
    1978, by the Village of Hanover
    Park for relief from the Water Quality Standards in Chapter
    3:
    Water Pollution Rules and Regulations.
    After reviewing this
    Petition,
    the Environmental Protection Agency recommended that
    Petitioner be granted a variance from Rules 203(d), 203(f)
    (ammonia nitrogen),
    402 and 962 of Chapter
    3.
    No hearing was
    held in this matter; hearing was properly waived by Petitioner.
    The Village of Hanover Park owns and operates
    a sewage
    treatment plant with a design flow of 0.4 MGD which discharges
    to the West Branch of the DuPage River.
    The existing plant *2
    constructed under Agency Permit #l971—AA-1164
    is required to
    meet effluent limitations of
    10 mg/l BODE,
    12 mg/i suspended
    solids,
    a pH range of
    6 to
    9, and a fecal coliforrn limitation
    of 200 per 100 ml
    in accordance with its
    NPDES Permit #IL
    0034487
    (Rec.
    2).
    The Village of Hanover Park is presently considering
    measures for upgrading this treatment plant.
    The expansion
    will increase treatment capacity to 1.2 MGD and improve effluent
    quality by the addition of grit chambers, biological nitrifica-
    tion,
    tertiary filters, and chlorination facilities.
    Presently,
    Petitioner’s discharge monitoring reports indicate general
    compliance with
    the
    effluent limitations of its NPDES permit.
    Upon completion theplant improvements are expected to meet 10/12
    30D5/suspended solids effluent standards which with biological
    nitrification is considered by the Agency to be the most effective
    control measures for BOD~/SSand ammonia nitrogen in municipal
    wastewater
    (Rec.
    4).
    31—275

    —2—
    The Agency claims that a variance is necessary from the
    Rule 203(d) dissolved oxygen and the Rule 203(f)
    ammonia
    nitrogen water quality standards.
    Model studies conducted by
    the Northeastern Illinois Planning Commission
    (NIPC)
    pursuant
    to Section 208 of P.L. 92-500 indicates efforts to improve
    quality of point-source discharges to the DuPage River will
    fall short of attaining compliance with the Board’s water
    quality standards.
    The study concludes that the DuPage River
    basin will experience periodic violations of dissolved oxygen
    and ammonia nitrogen water quality standards despite the
    efforts of this Petitioner and others who treat municipal
    sewage entering the DuPage River basin to tertiary levels
    (10/12 BOD5/SS)
    and by the incorporation of biological nitri-
    fication treatment
    (Rec.
    3).
    Under Rule 203(d)
    of Chapter
    3 the Board requires that
    dissolved oxygen in Illinois waters shall not fall below 5.0
    mg/l at any time or 6.0 mg/i during 16 hours of any 24-hour
    period.
    Rule 203(f) provides that a 1.5 mg/i concentration
    of ammonia nitrogen not be exceeded in certain waters of
    Illinois and the rule
    is applicable to the West Branch of
    the DuPage River.
    In addition, where the downstream dissolved
    oxygen and ammonia nitrogen water quality standards will
    continually be violated, the Village of Hanover Park would be
    required to meet the water quality standards as an effluent
    limitation unless Petitioner is granted a variance from Rule
    402
    in addition to Rules
    203(d)
    and 203(f) (ammonia nitrogen)
    of Chapter
    3.
    In a number of cases involving the ammonia nitrogen re-
    quirement,
    the Board has granted a variance provided that
    Petitioner agree to achieve the minimum discharge of ammonia
    nitrogen consistent with best practicable control measures.
    City of Canton, PCB 77-234
    (November
    23,
    1977); Village of
    Arthur,
    PCB 77—266
    (December
    20,
    1977);
    Village of Lake
    Zurich, PCB 78-89
    (June
    8,
    1978).
    Since then, the Board has
    adopted a new Rule 402.1 effective July 27,
    1978, as an
    exception to Rule 402 which establishes an interim ammonia
    nitrogen effluent limitation for discharges to streams of this
    State.
    Without a variance from Rules 203(f) (ammonia nitrogen)
    and 402, Petitioner’s discharge from its treatment plant #2
    would be required to meet 1.5 mg/i ammonia nitrogen effluent
    limitation in the summer
    (April through October)
    and 4.0 mg/i
    for the remainder of the year provided that Petitioner does
    not cause or contribute to a breach of the ammonia nitrogen
    water quality standard.
    In view of the foregoing,
    the Board will grant a variance
    to the Hanover Park sewage treatment plant #2 from Rule 203(f)
    as
    it applies to ammonia nitrogen and from Rule 402 for three
    years or until designed improvements are completed.
    31—27E

    The Agency recommends that a variance from Rule 203(d)
    and Rule 402 is necessary based on the dissolved oxygen
    conditions
    in the West Branch of the DuPage River downstream
    from Petitioner’s discharge.
    Although the record indicates
    that the proposed improvements to the Hanover Park plant *2
    are expected to improve downstream water quality conditions,
    the NIPC study indicates that dissolved oxygen violations
    will not be eliminated
    (Rec.
    3).
    The Board is concerned with the dissolved oxygen condi-
    tions that apparently will continue to occur in the DuPage
    River basin after concerted efforts to improve point—source
    discharges to these waters.
    In view of these conditions,
    the Board finds that a variance from Rule 203(d) dissolved
    oxygen water quality standard is necessary.
    A variance will
    be granted to Petitioner from Rules 203(d)
    and 402 for five
    years on the condition that the Village of Hanover Park con-
    sider all reasonable methods for improving dissolved oxygen
    levels in its effluent from its sewage treatment plant
    #2.
    The Board will not require Petitioner to monitor dissolved
    oxygen levels in the receiving waters since the Agency main-
    tains two water quality monitoring stations in
    the
    vicinity
    of Petitioner’s discharge.
    The Agency also claims that Petitioner requires a variance
    from the standards of issuance requirements of Rule
    962 in
    Chapter
    3 before the Agency may issue the necessary permits.
    The Board disagrees.
    A variance from the standards of issuance
    requirements for permits
    is applicable where Petitioner is not
    afforded relief from the water quality standards subject to
    violation.
    In this matter, the Board finds that a variance
    from Rule 402 in addition to the Rule 203(d) and the Rule 203
    (f)
    (ammonia nitrogen) water quality standards is sufficient to
    preclude the need for relief from Rule
    962 of Chapter
    3.
    The Board will direct the Agency to modify Petitioner’s
    NPDES Permit IL 0034487 consistent with this Order pursuant to
    Rule 914 of Chapter
    3 to include interim effluent limitations
    as may reasonably be achieved through 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 Hanover Park is granted a variance for
    the operation of its sewage treatment plant
    #2 from Rules
    203(f)
    and 402 of Chapter
    3:
    Water Pollution Rules and Regulations
    regarding ammonia nitrogen until September 7,
    1981, or until
    the sewage treatment plant’s facility improvements become
    operational, whichever occurs first,
    subject to the following
    condition:
    31—277

    —4—
    (a)
    During the period of this variance
    the Village shall operate this
    treatment plant to achieve the
    minimum discharge of ammonia nitro-
    gen consistent with the capabilities
    of existing equipment and process.
    2.
    The Village of Fanover Park is granted a variance
    for its sewage treatment plant #2 from Rules 203(d)
    and 402
    of Chapter
    3:
    Water Pollution Rules and Regulations until
    September 7,
    1983,
    subject to the following condition:
    (a)
    During the period of this variance
    the Village shall implement all
    reasonable measures to increase
    dissolved oxygen levels in the
    treatment plant’s effluent and
    in the waters downstream from
    its discharge.
    3,
    Petitioner, within 30 days of the date of this Order,
    shall request Agency modification of NPDES Permit
    IL 0034487
    to incorporate all conditions of the variance set forth herein.
    4.
    The Agency pursuant to Rule
    914 of Chapter
    3 shall
    modify NPDES Permit IL 0034487 consistent with the conditions
    set forth in this Order including such interim effluent limita-
    tions as may reasonably he achieved through application of
    best practicable operation and maintenance practices in the
    existing facilities.
    5.
    Within forty—five
    (45) days of the date of this Order,
    the Petitioner shall submit to the Manager, Variance Section,
    Division of Water Pollution Control, Illinois Environmental
    Protection Agency,
    2200 Churchill Road, Springfield, Illinois,
    62706, an executed Certification of Acceptance and Agreement
    to he bound
    to all terms and conditions of the variance.
    The
    forty—five day period herein shall be stayed during judicial
    review of this variance pursuant to Section 41 of the Environ-
    mental Protection Act.
    The form of said certification shall
    be as follows:
    CERTIFICATION
    I,
    (We), __________________________
    having read
    the Order of the Pollution Control Board
    in PCB 78-122,
    understand and accept said Order, realizing that such
    acceptance renders all terms and conditions thereto
    binding and enforceable.
    31—278

    —5—
    SIGNED
    TITLE
    DATE
    IT
    IS
    SO
    ORDERED.
    Mr.
    Goodman abstained.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify the above Opinion and Order were
    a~o~tedonthe~I~’ day of
    _______________,
    1978 by a vote
    aa~zr~
    Christan L. Moffet~
    lerk
    Illinois Pollution
    ntrol Board
    31—279

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