ILLINOIS POLLUTION CONTROL BOARD
    August
    24, 1978
    CITY
    OF SALEM,
    )
    Petitioner,
    v
    )
    PCB 78—167
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF
    THE
    BOARD
    (by Mr.
    Dumelle):
    The City of Salem
    (Salem)
    filed its Petition for a Variance
    from Rule
    602(b)
    of Chapter
    3:
    Water Regulations on June 6,
    1978.
    On July
    6,
    the Board denied the Agency’s request that this pro-
    ceeding be consolidated with an enforcement proceeding filed by
    the Agency against Salem
    (PCB 78—137).
    The Agency
    filed its
    Recommendation advocating denial of the variance on July
    25,
    1978.
    Salem has waived its right to a hearing in this matter.
    Salem is
    a muncipality of approximately 7,300 people located
    in Marion County.
    Salernts sewage treatment plant is
    a contact
    stabilization variation of the activated sludge process followed
    by rapid sand filters and chlorination.
    Under normal operating
    conditions
    (no rainfall),
    the plant discharges less than
    10 mg/i
    BOD and 12 mg/i suspended solids into Town Creek,
    a tributary to
    Crooked Creek,
    a tributary to the Kaskaskia River.
    Upon a rainfall
    of one inch or more,
    the plant becomes flooded and fails
    to meet
    its effluent standards.
    During the flooding period,
    the flow
    exceeds
    5 MGD which is twice the plant’s rated capacity.
    The
    flooding picks
    up high solids sludge from the plant and washes it
    to the creek.
    Often
    it takes
    a period of two weeks for the plant
    to regain treatment efficiency.
    Salem requests the variance in order to construct a bypass
    which would carry the excess
    flow during flooding, with at least
    minimal chlorination, directly to the creek.
    Salem feels that
    this immediate control method
    is needed because of the potential
    hazards created by flooding.
    In the meantime, Salem is awaiting
    approval of its
    I and I Study, which indicates the need for a
    Sewer System Evaluation Study
    (SSES).
    Funds for testing and
    construction dictate a schedule of completion in 1980.
    31—305
    —2—
    The Agency’s opposition to granting the variance is based on
    Salem’s continued violations of its NPDES effluent limitations for
    BOD and suspended solids.
    The Agency has not yet certified an
    SSES for Salem, but notes that Salem’s grant priority number will
    make Salem eligible for Step III funding.
    However,
    the Agency
    notes,
    Salem has not indicated in its petition that the discharge
    from the proposed bypass would meet the effluent limitations for
    secondary treatment as required by Section 301(b) (1) (B)
    of the
    Federal Water Pollution Control Act
    (FWPCA).
    The Board agrees with the Agency that Salem has failed to
    demonstrate compliance with FWPCA requirements.
    Since the Board
    is limited by Section
    35 of the Illinois Environmental Protection
    Act to granting variances within the confines of standards set by
    the FWPCA,
    the Board cannot grant the requested variance unless
    Salem can show compliance with Federal standards.
    See, City of
    Springfield v. EPA, PCB 77-185, December
    8,
    1977.
    The Board also
    notes that Salem failed to provide information on the downstream
    effects of its proposed bypass.
    For these reasons,
    the Board
    dismisses Salem’s petition without prejudice.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that the
    Petition for Variance filed by the City of Salem be dismissed
    without prejudice.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above 0 inion and Order were adopted
    on
    ~
    day of
    ,
    19
    75
    by a vote
    Christan L. Moff
    1,t,
    Clerk
    Illinois Pol1utiox~ontrol Bo~
    31—306

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