ILLINOIS POLLUTION CONTROL BOARD
May
11,
1978
CITY OF AUBURN,
Petitioner,
V.
)
PCB 78-58
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr~.Young):
This matter comes before the Board on
a Petition filed
on March
2,
1978,
by the City of Auburn for a variance
from
the phosphorus requirements of Rules 203(c),
402,
and 404(f)
of Chapter
3:
Water Pollution Regulations,
as a prerequisite
for obtaining a Pfeffer exemption.
On April
3,
1978, the
Environmental Protection Agency filed a Recommendation
in
favor of granting a variance from Rules
203(c)
and 402 pro-
vided that Petitioner adhere to certain conditions.
No
hearing was held in this matter.
The City of Auburn,
Sangamon County,
Illinois, owns
and
operates
a sewage treatment works which discharges
to the
Sugar Creek tributary to Lake Springfield
(Pet.
p2).
Since
the treatment plant discharges
to a lake,
it is subject
to
the requirements of Rules
203(c)
and 402 for phosphorus which,
in combination, prohibit any discharge from causing or con-
tributing to a violation of the 0.05 mg/i phosphorus water
quality standard in any lake or in any stream at the point
of entry into the lake.
Petitioner does not need a variance
from the phosphorus requirements
in Rule
404(f)
for,
in this
r~’
.1
e
I
Irom J~u1e
203
(c) won
1 d
romovo
Lin
)hosphoms
requirement
as
a
condition
for
a
Pfeffer
exemption,
The Auburn sewage treatment works
is an activated sludge
facility consisting of a bar screen,
aerated grit removal,
comminutor, activated sludge plant, pumping station, polishing
pond, and a final tank containing
chlorination equipment and
newly-installed chemical treatment equipment for phosphorus
which is expected to be operational in the next few months
(Pet.
p5,
8).
Constructed in 1974,
the treatment facility was
expected to meet
4 mg/l BOD5 and
5 mg/l total suspended solids
on a 30-day average
(Rec.
p3).
The 1977 Agency grab samples
show that the Auburn effluent concentration averaged
14 mg/l
30
—
219
—2—
BOD5,
14 mg/l total suspended solids,
and 5.4 mg/l phosphorus
(Pet. p4).
While these figures are higher than anticipated,
the Agency considers that the plant design
is experimental
in nature and its polishing pond to be an unproven technology.
It further notes that the Auburn facility often produces
an
effluent quality within the 4/5 BOD5/TSS limitation and was
consistently less than the 10/12 standard
(Rec.
p3).
Information from the National Eutrophication Survey
indicates that the City of Auburn contributes approximately
6.5
of the ohosphorus load entering Lake Springfield.
With
the addition of phosphorus
removal equipment,
Petitioner
submits
that these improvements will reduce its phosphorus
concentrations from 5.4 mg/i
to 1.0 mg/i and its contribution
to Lake Springfield from 6.5
to 1.2
(Pet.
p2,
8).
At these
anticipated effluent levels, Petitioner claims that its phos-
phorus contribution to Lake Springfield would be equivalent
to
that derived from direct precipitation
(Pet.
p9).
The City of Auburn states that treatment of municipal
sewage to meet a 0.05 mg/l phosphorus standard is technically
infeasible
(Pet.
p5).
In evaluating alternative measures,
Petitioner claims without the benefit of detail,
that two
stage treatment using dual media filtration would reduce
phosphorus concentration to 0~lmg/l but cost prohibits use
of this technology.
Petitioner further claims
that its
chemical treatment efforts should achieve consistent phosphorus
effluent levels of 1.0 mg/i
(Pet.
PS).
The Board is familiar with the problems facing municipal
dischargers in meeting phosphorus standards.
City of Hoopeston,
PCB 76-234,
24 PCB 441;
Southern
Illinois
University at Edwards-
ville, PCB 77-111,
25 PCB 775; Valley Water 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 peti—
ti oners
to
comply
with
the
current phosphorus
I imitation of
Chanter
3
.
Tn
addition,
the
Agency
has
pet
i Li onod
the
t~oard
1
Ii
ITO(JU.I
a to
my
proposa
R76— 1
for:
appropria
t:e
aniendmen
to;
to
the
phosphorus effluent and water quality standards of
the
Water
Pollution
Regulations.
If
regulatory
proposal
R76—l
were
adopted
as
proposed,
the
City
of
Auburn
would
be
required
to
treat
phos-
phorus to~ale~elof 1.0 mg/l
(Rec.
p3).
The Board will direct the Agency to issue a new NPDES permit
to Petitioner consistent with this Order pursuant to Rule 914
of Chapter
3 and to include interim effluent limitations as may
be reasonably achieved through the application of best practicable
operation
and
maintenance
practices
in
the
existing
facilities.
30
—
220
This
Opinion
constitutes
the
Board~s
findings
of
fact
and
conclusions
of
law
in
this
matter.
1.
The City of Auburn
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
27,
1983,
subject to the
following
condition:
a)
This variance will earlier
terminate
upon
adoption
by
the
Board
of
~ur;
modification
of the existing phosphorus vater quality
standards
and
effluent
limitations
and
the
City
shall comply with such revised
regulations when adopted by the Board.
2.
The Petition for Variance from the phosphorus require-
ments of Rule 404(f) of Chapter
3:
Water Pollution Regulations
is hereby dismissed.
3.
Petitioner
shall
immediately request Agency for NPDES
permit
to
incorporate
all
conditions of the
variance
set
forth
herein.
4.
The Agency, pursuant to Rule 914 of
Chapter
3,
shall
issue
a new NPDES permit consistent with the
conditions
set
forth
in this Order including appropriate
monitoring
require-
ments and such interim effluent limitations
as may reasonably
be
achieved
through
the
application
of best practicable opera-
tion and maintenance practices in the existing facilities.
5.
Within forty—five
(45)
days of
~
date of this Order,
the Petitioner shall submit to the
Mana~:er,
Variance Section,
Division
of
Water
Pollution
Control,
Illinois
Environmental
Protection
Agency,
2200
Churchill
Road,
Springfield,
Illinois,
62706,
an
executed
(‘ert
i
Ii
cation
of
A’e~d
nice
and
A~i’c,ment
to
be
1
)ound
to all
terms and
condi
Lions
0
LIre
variance
.
The
forty—five
day
period
herein shall be
suspended
in the event
of judicial review
of
this
variance
pursuant to Section 31 of
the Environmental Protection Act.
The form of said certifica-
tion shall be
as follows:
CERTIFICATION
I,
(We),
_________
___
having read
the Order of the Pollution Control Board
in PCB 78-58,
understand
and
accept
said
Order,
realizing
that
such
acceptance
renders
all
terms
and
conditions
thereto
binding
and
enforceable.
30
—
221
S
TSNED
11Ti~E
DATE
IT
IS SO ORDERED.
I,
Christan L.
Moffeth
~
illinois Pollution
Control Board, hereby certify
jIi~
above
Oe
oiion
and
Order
were
adopted
on
the
J~~
day
of
1 978 by a
vote
of
____.
~J~L
___
Cliristun
il
Moffe’tt
Clerk
lilinoi~
-oi~utio~4ontrol
Board
30
—
222