ILLINOIS POLLUTION CONTROL BOARD
August 24, 1978
VILLAGE OF FISHER,
Petitioner,
V.
)
PCB 78—162
)
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Mr.
Young):
This matter comes before the Board on an Amended Petition
filed on June 19, 1978, by the Village of Fisher for a five-
year variance
fror1~tthe total
iron, the total dissolved solids
(TDS)
and the chloride water quality standards of Rule 203(f)
and Rule 402 in Chapter
3:
Water Pollution Rules and Regula-
tions.
On July 28, 1978,
the Environmental Protection Agency
filed its Recommendation in favor of a variance from the TDS
and the chloride water quality standards; however, the Agency
recommended relief not be granted from the total iron standard
because Petitioner may meet this requirement using conventional
water treatment technology.
No
hearing was held in this matter;
hearing was waived in the
Amended
Petition.
The Village of Fisher, Champaign County,
Illinois, owns
and operates
a municipal water treatment plant and a sewage
treatment plant serving
a population of 1780.
The municipal
treatment plant consists of a modified activated sludge package
plant tributary to
a 5-day retention lagoon with a design capacity
of 0.151 MGD which discharges to an intermittent stream known as
Owl Creek upstream from the Sangamon River and Lake Decatur.
The
wastes which cause the water quality problem for which variance
is sought originate at the municipal water treatment plant, par-
ticularly its iron removal and its ion—exchange softening treat-
ment processes.
Before discharging to the Fisher STP, the
water treatment wastes are aerated and filtered for iron removal
and treated to remove calcium and magnesium, but this treatment
and the conventional package sewage plant process fall short of
removing salt concentrations to meet the applicable water quality
standards in Owl Creek
(Pet.
1,
2,
3).
As mandated by Rule 203(f) of Chapter
3,
effluent from Peti-
tioner~ssewage treatment plant may not exceed concentrations of
1.0 mg/i total iron,
500 mg/i chloride and 1000 mg/l total
dissolved solids
(TDS).
In addition, where downstream water
quality standards will continually be violated, the Village of
31—299
—2—
Fisher
is required to meet the water quality standards as an
effluent limitation unless Petitioner is granted a variance
from Rule 402 in addition to the applicable provisions of
Rule 203(f).
Under existing conditions in the Village of Fisher, Peti-
tioner claims that it could not meet these requirements unless
the discharge from the municipal water plant were discontinued
or diverted elsewhere.
At present, Petitioner has proposed
a facilities plan to upgrade and expand the present water
plant.
Anticipated improvements consist of installing an
4’Aeralator,”
a package iron removal system incorporating an
induced draft aerator,
a small holding tank and a four—celled
coal—media filter followed by three ion—exchange softeners.
V~astesfrom these processes are designed to be held in a 48-
hour detention tank for discharge at
a constant rate to the
municipal sewage treatment plant.
Upon completion, Petitioner
contends that the effluent quality from the Fisher STP is
expected to achieve maximum 30—day averages of 2.7,
521 and
1261 rng/l for total iron chloride and TDS concentrations
respectively
(Pet.
2,
3,
4).
Petitioner states that to require further improvement
on these projected effluent quality figures would impose an
arbitrary and unreasonable hardship.
In support of this
position, Petitioner has submitted figures which indicate
that the Village’s salt contributions to the downstream
watercourse will be minimal.
At 1978 operational levels,
Petitioner’s maximum daily discharge is estimated to be
3.9,
705 and 1666 pounds per day for total
iron, chloride
and TDS as compared to 368,
16,373 and 176,007 pounds per
day mean dry weights of the respective salts
in the Sangamon
fliver upstream from Lake Decatur.
Further reductions in
chloride or TDS concentrations at Fisher would involve re-
verse osmosis or evaporation to concentrate the brine waste
prior to landfill disposal or by hauling the unconcentrated
filter backwash and brine wastes to a landfill; the Peti-
tioner states that the costs of such alternatives are prohibi-
tive for this and other small water treatment operations
(Pet.
4,
5,
6).
The Agency supports Petitioner’s contribution analysis
and cost assessment of brine waste control technology; however,
the Agency also notes that Petitioner has made no provision
for iron removal at its proposed water treatment facility.
The Agency claims that Petitioner could employ slow sand
f
ii-
ters for removal of iron from the water plant’s filter backwash
to bring the sewage treatment plant into compliance with
the
total iron water quality standard of Chapter
3.
31—300
—3-.
In similar cases, the Board has required small communities
to employ slow sand filters for iron removal prior to discharge.
Village.of Potomac, PCB 77—224,
19 PCB 224, City of Leroy, PCB
74—231,
14 PCB 609.
In this matter, we find nothing to persuade
us that this technology cannot be implemented by Fisher.
The Board finds that it would be an arbitrary and unreasonable
hardship to require that Petitioner meet the chloride and TDS
water quality standard and will, therefore,
grant a 5—year variance
from these requirements in Rule 203(f)
and Rule 402 to Petitioner’s
sewage treatment plant.
Petitioner will also be granted a variance
from the total iron requirements of Rules 203(f)
and 402 for one
year or until Petitioner’s proposed water treatment facility be-
comes operational, whichever occurs first.
The Board will direct the Agency to modify Petitioner’s
NPDES permit 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 Fisher
is granted a variance for the opera-
tion of its sewage treatment plant from Rules
203(f)
and 402 of
Chapter
3:
Water Pollution Rules and Regulations regarding chloride
and total dissolved solids until August 24,
1983,
subject to the
following conditions:
a)
During the period of this variance,
the
Village shall operate
its sewage and
water treatment plant to achieve the
minimum discharge of chloride and total
dissolved solids consistent with the
capabilities of existing equipment and
process.
b)
The Village shall also submit annual
reports to the Environmental Protection
Agency on its efforts to discover new,
more cost-effective means of treating
brine wastes generated by its ion—
exchange softening units.
2.
The Village of Fisher
is granted a variance for the opera-
tion of its sewage treatment plant from Rules
203(f)
and 402 of
Chapter
3:
Water Pollution Rules and Regulations regarding total
iron until August 24,
1979, or until the facility improvements
at its water treatment plant become operational, whichever occurs
first,
subject to the following conditions:
31—301
—4—
a)
During the period of this variance,
the
Village shall operate its sewage and
water treatment plant to achieve minimum
discharge of total iron consistent with
the capabilities of existing equipment
and process.
b)
The Village shall also provide means for
removing the total iron from its filter
backwash water generated at its water
treatment plant.
3.
Petitioner, within
30 days of the date of this Order,
shall request Agency modification of its NPDES permit to incor-
porate all conditions of the variance set forth herein.
4.
The Agency pursuant to Rule
914 of Chapter
3 shall modi-
fy the Petitioner’s NPDES permit consistent with the conditions
set forth
in this Order including such interim effluent lirnita-
tions as may reasonably be 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 Acjency,
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 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 78-162,
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.
Mr. Goodman abstained.
31—302
—5—
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opinion and Order were
adopted on the
~
day of
________________,
1978
by
a vote
Christan L. Moffe~y)Clerk
Illinois Pollution ~bntrol Board
31—303