ILLI1~IS
POLLUTION
CONTROL
BOARD
April
27,
1978
VILLAGL
OF
PATOKA,
Petitioner,
v.
)
PCB
78—7
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
OPINION
AND
ORDER
OF
TIlE
BOARD
(by
Mr.
Young):
This
matter
comes
before
the
Board
on
a
Petition
for
Variance filed on January
6,
1978,
by
the Village of Patoka
seeking permanent relief from the Water Pollution Regulations:
Chapter
3,
Rules
203(c)
and 402
(phosphorus)
and Rule 404(f)
as it applies
to biochemical oxygen demand
(BOD5)
and total
suspended solids
(TSS)
.
The Village of P~toka filed an
Amended
Petition
on February
6,
1978, r?~~Linq relief for
five
years.
On
March
14,
1978,
the Environmental Protection
Agency filed its Recommendation
in suppo~tof the Amended
Petition.
No hearing was held in this matter.
The Village of Patoka,
a small xural community of 580
in
Marion County,
Illinois,
owns and
c eraL~n sewage treatment
works consisting of a single-cell lagoon ~oLLha design capacity
of 700 P.E.
The effluent from the treatmont lagoon is discharged
to an unnamed tributary of the North Fcr~ cf the Kaskaskia River
which
flows into Carlyle Lake.
The dis
unr~eis approximately
8.2 stream miles from Carlyle Lake.
Effluent time of travel at
7-day 10-year low flow conditions
is estImated at 2.9 days from
Petitioner’ s discharge
to point of entry into Car yle J.~ake.
The ViJ
1
nije
a
I
PaLoka
is
presuit
LI y
CDflS
id(
~
i
nq
iiiea s ures
for
ungrading
it.s wastewater
treatment loqoon.
Current efforts
focus
on
preparing
facilities
planning
under
federal
Step
I
funding.
Anticipated improvements involving Step II and Step III
grants include a three—cell non—aerated pond system followed by
intermittent sand filtration with disinfection and,
if necessary,
reaeration facilities
(Pet.
Exh.
1)
.
The proposed treatment
lagoon improvements are designed
to meet the Board~seffluent
limitations and water quality standards except
those which are
the subject of this variance.
The Petition at page
4 suggests
that these improvements could be completed ~y May,
1980, assuming,
of course, no delays
in federal construction grant funding.
30-I
19
Rules
203(c)
and
402
(Phosphorus)
Rule 203(c) establishes
a standard of 0.05 mg/l for
phosphorus
as
P in any reservoir or lake or
in any stream
at the point where it enters the reservoir or lake; Rule 402
requires that Petitioner’s effluent not contribute to a viola-
tion of Rule 203(c) water quality standard.
As indicated in
Appendix E to the Petition
(sheet 5), the phosphorus concentra-
tion in the North Fork downstream from Petitioner’s discharge
exceeds the 0.05 mg/l standard.
Therefore, Petitioner’s effluent
concentration is limited to the water quality standard of 0.05
mg/i phosphorus.
Information from the National Eutrophication Survey
(NES)
indicates that phosphorus was the rate-limiting nutrient for
algae growth in Carlyle Lake in May,
1973, when samples were
collected
(Pet,
p3); however,
the Army Corps of Engineers con-
cludes from a limited sediment study that sunlight is the factor
regulating organic growth in the lake
(Pet.
Supp.).
According
to other NES data, Cariyle Lake while eutrophic
is ranked ninth
out of
31
Illinois lakes studied in this survey.
Figures
from
the sampling data conclude that non—point sources account for
97
of the nhosphorus
loading to Carlyle Lake.
The contributions
of phosphorus
from the Patoka treatment facility and the North
Fork of the Kaskaskia River are estimated at less
than 0.1
and
1.9
respectively
(Pet.
Exh.
3, p3,
12),
The Village of Patoka claims that compliance with 0.05 mg/i
standard would impose an arbitrary and unreasonable hardship
(Pet.
p3).
In support of this position, Petitioner submitted an
evaluation of three treatment alternatives including land applica-
tion,
chemical treatment,
and diversion to another watershed.
The Petitioner alleges and the Agency agrees that use of any of
the three alternatives would work an economic hardship upon this
community
(Pet.
p8, Rec. p4).
The Board
is familiar with the problems f~ciop municpal
(I i s(~F1a
rcp ~rs
i n
m’
i
wj
pliospho
r
U:;
:;
I~a
Win
Is
y
ci
iiocpes
ton,
PCi~
76—234,
24
PCP
441;
Souliturn
Illinois
Iinjver~.t
ly
~t
Edwards—
yule,
PCB
77—111,
25
PCI3
775;
Vail
icy Watei:__Company,
Inc.
,
PCB
77—146,
25 PCB 289.
In those and other cases,
the Agency and the Board have
recognized that
it is economically impractical for the petitioners
to comply with the current phosphorus limitation of Chapter
3.
In addition,
the Agency has petitioned
the Board in regulatory
proposal R76-l for appropriate amendments
to the phosphorus
effluent and
water
quality standards of the Water Pollution Regu-
lations.
If regulatory proposal R76-1 were adopted as proposed,
the Village of Patoka would be relieved of the requirement
to
treat to 0.05 mg/i.
30-120
—3—
The Board finds that Petitioner would suffer an arbitrary
and unreasonable hardship if required
to meet the existing 0.05
mg/i standard.
Petitioner will be granted
a
variance from
Rule
203(c)
and 402 for five years ~
the Board adopts a regu-
lation change under R76-l, whichever occurs first subject to
the conditions of the Order.
Rule 404(f)
(BOD~,/TotalSuspended Solids)
In this Petition,
the Village of Patoka also seeks
a
variance from the 4 mg/i BOD5 and the
5 mg/i total suspended
solids effluent limitation of Rule
404(1).
In October, 1976,
the Village submitted a formal request for a lagoon exemption
which the Agency found inconclusive and denied
(Rec. App. C).
In support of their request, the Village presented calculations
using modified Streeter-Pheips
equation in attempt to demonstrate
that its discharge would not violate the dissolved oxygen standard
in Carlyle Lake.
However, application of the Streeter—Pheips
equation is limited to free flowing streams and stream travel times
in excess of
5 days.
In this case,
the Agency found that insuffi-
cient stream travel time
(2.9 days)
precluded use of the Streeter-
Phelps equation thus
requiring the Village
to either undertake
the extraordinary costs
of a modeling study for determining down-
stream dissolved oxygen conditions or to seek this variance from
the
Board.
The Agency believes
that Petitioner’s upgraded facility will
not violate the dissolved oxygen standards in Carlyle Lake
(Rec.
p4)
and recommends
that Petitioner he granted a variance from the
dissolved oxygen requirements of Rule 404(f)(ii)(B)
(Rec.
4).
The
Agency recommendation included a summary of Petitioner’s
prior
submissions
to the Agency including Streeter—Pheips calculations
indicating that Petitioner’s discharge would exert a dissolved
oxygen demand of 0.07 mg/i in the stream at the end of a 2.9 day
travel, conclusions from Petitioner’s study that the discharge
dissipates before reaching Carlyle Lake during 7-day 10-year low
F
ow
cond it:
ion:;
(TThc
.
/\pp
.
13)
,
am
I
cos
L
~‘st~mates
of
a1 ternative
methods
of compliance
(1~cc
.
The Village of Patoka and the Agency have investigated alterna-
tive treatment methods
as
a means
for meeting the 4/5 BOD/TSS
requirements.
Pumping to a different watershed would result in a
$1.04/bOO gallon monthly additional user charge,
and land applica-
tion is estimated at
a monthly increase of $3.49/bOO
gallons.
In
all
cases,
the Petitioner
claims, and the Agency does not dispute,
that the cost of compliance with the BOD5/TSS standard would impose
an unreasonable economic burden for the Patoka community causing
an arbitrary and unreasonable hardship
(Pet. p3-8;
Rec.
p4).
In view of the difficulty and expense which would be involved
for the Petitioner
in this instance to demonstrate compliance with
Rule
404(f) (ii) (B);
the minimal effect of the discharge on dissolved
oxygen levels
in Lake Carlyle;
and the cost of alternative methods
30_ 121
—4--
of disposal,
the Board will grant relief from Rule 404(f) (ii) (B)
provided that all other requirements of that rule,
including
effluent
concentration
limitations
of
10 mg/i of BOD5 and 12 mg/l
of
suspended
solids
are
met.
The Board will direct the Agency to modify Petitioner’s
NPDES Permit IL 0028396 consistent with this Order oursuant
to
Rule 914 of Chapter
3 and to include interim effluent limitations
as may be reasonably achieved through application of best practi-
cable 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 Patoka is granted a variance for the
operation of its wastewater treatment plant from Rules
203(c)
and 402 of Chapter
3:
Water Pollution Rules and Regulations
regarding phosphorus until April
13,
1983, subject to the
followiriq conditions:
a)
This variance will earlier terminate upon
adoption by the Board of any modification
of the existing phosphorus water quality
standards and effluent limitations and
the Village
shall comply with such revised
regulations when adopted by the Board.
b)
Petitioner shall provide space
in its
design for storage of chemicals, and for
mixing and dosing equipment capable of
meeting a phosphorus effluent concentra-
tion of
1 mg/i,
or to whatever alternative
level
may
be
established
by
the
Board.
c)
In the event that grant funds become
aval lab
le
during the period ol
t
hi:;
variance,
the Village shall
incoroorate
in any design and specification adequate
provision for the installation of equip-
ment for the removal
of phosphorus which
will provide
the best practicable treat-
ment technology for the removal of phos-
phorus over the life of the works.
2.
The Village of Patoka is granted a variance
from Rule
404(f) (ii) (B) of Chapter
3:
Water Pollution Rules and Regulations
until April 13,
1983, subject to the following conditions:
30—122
—5—
a)
Petitioner shall actively pursue con-
struction grant funding to construct
facilities
as described in Exhibit 1
of
the
Petition
for
Variance
and
this
Order or other such facilities which
provide
an equivalent degree of treat-
ment.
b)
Petitioner shall meet all requirements
of Rule 404(f) (ii)
of Chapter
3 except
those exempted by this Order.
3.
Petitioner,within
30 days of the date of this Order,
shall
request
Agency
modification
of
NPDES
Permit
IL
0028396
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 0028396 consistent with the conditions
set forth in this Order including such interim effluent limita-
tions
as may reasonably be achieved through the 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
be
bound
to
all
terms
and
conditions
of
the
variance.
The
forty-five
day
period
herein
shall
be
suspended
during
judicial
review of this variance pursuant to Section
31 of the Environ-
mental Protection Act.
The form of said certification shall be
as follows:
CERTIFICATION
I,
(We),
having
read
the
Order
oF
the
Poll
ution Control
l3onrd
in PCB 78—7,
understand and acceot said Order, realizing that such
acceptance
renders
all terms and
cond~
Llons there to
binding and enforceable.
SIGNED
TITLE
DATE
-___________
IT
IS
SO
ORDERED.
30—123
—6--
I,
Christan
L.
Moffett,
ClerJ:
of
the
Illinois
Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the ~
day of
_________________,
1978 by a vote
Q~stab.o~~rk
Illinois Po1lutio
ontrol Board
30—124