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

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