ILLINOIS POLLUTION CONTROL BOARD

June

8,

1978

VILLAGE

OF CERRO

GORDO,

Petitioner,

v.

)

PCB

78-59

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Young):

This matter comes before the Board on a Petition for

Variance filed on March

20, 1978,

by the Village of Cerro

Gordo seeking relief from the ammonia nitrogen requirements

of Rule 203(f)

in Chapter

3:

Water Pollution Regulations.

On June

2,

1978,

the Agency filed

a Recommendation favorable

to the grant of relief from the ammonia nitrogen requirements

provided that Petitioner adhere to certain conditions.

No

hearing was held in this matter.

The Village of Cerro Gordo,

Piatt

County,

illinois,

owns and operates a sewage treatment works completed in

June,

1977, which discharges

to an unnamed creek tributary

to

the

Sangamon

River.

The

works

consist

of

a

three-cell

aerated lagoon followed by

a rock

fi~t~r

and

chlorination

and

is designed to treat an average daily flow of 200,000

gallons

(2000

P.E.).

At the present time, approximately

half of an anticipated 1400 people arc cerinected

to the

system,

the

balance

to

be

connected

by

the

end of 1978.

When

fully

operational,

effluent

concentrations

are

esti-

mated

to

he

no

greater

than

30

mg/i

BOD~,

30

mg/i

suspended

~

id~, and

4

0 mg/ I

çhosphorus

(rut

.

,

2)

‘Iho PoLition

alleges

That

a var juiec

Ic

‘cessary

:0

relieve

the Cerro Gordo works from the ammonia nitrogen

water quality standard during the winter months when ammonia

nitrogen

concentrations

are

expected

to

range

from

3-5

mg/l.

Petitioner

further alleges that such effluent concentrations

might

result

in

violations

of

the

ammonia

nitrogen

water

quality standard.

Rule 203(f) requires that a 1.5 mg/i concentration of

ammonia

nitrogen

shall

not

be

exceeded

in

the

waters of the

State

with

certain

exceptions

not

appi~cahie

here.

In

addition,

30

—

‘!07

---

--2—

where the downstream ammonia nitrogen standards will continue

to be in violation,

the Village would be required to meet

the water quality standards

as

an effluent limitation unless

the Village

is granted

a variance from Rule 402

in addition

to Rule 203(f) (ammonia nitrogen)

of Chapter

3.

In a number of cases involving the ammonia nitrogen

requirement,

the Board has granted a variance provided that

petitioner agree to comply with the proposed ammonia nitrogen

regulatory changes adopted by the Board in R77-6.

City of

Canton, PCB 77-234

(November

23, 1977); Village of Arthur,

PCB 77—266

(December

20,

1977).

On March 30,

1978,

the Board

proposed to adopt a new Rule 402.1 as an exception to Rule

402

of Chapter

3 to establish an interim ammonia nitrogen effluent

limitation for dischargers to streams

of this State.

On

April

14,

1978,

this proposed final regulation was submitted

to the Secretary of State’s Office for a 45-day publication

and comment period ending May 29,

1978.

Without a variance

from Rules

203(f) (ammonia nitrogen)

and 402, Petitioner’s

present discharge would be required to meet 1.5 mg/i ammonia

,nitrogen effluent limitation in the summer and 4.0 mg/i winter

limitation provided that Petitioner does not cause or contribute

to

a breach of the ammonia nitrogen water quality standard.

In view of the foregoing, the Board will grant a variance

to the Village of Cerro Gordo from Rule 203(f)

as it applies

to ammonia nitrogen and from Rule 402 for five years, subject

to certain conditions

set out in the Order.

The Board will direct the Agency to modify Petitioner’s

NPDES Permit

IL 0052850 consistent with this Order pursuant

to Rule

914 of Chapter

3

to include interim effluent limita-

tions

as may reasonably be achieved thrc gh application of

best practicable operation and maintenI~n.~epractices

in the

existing facilities.

This Opinion constitutes the Board’s findings of fact and

conclusions

of law in

this

niaLter.

ORDER

1.

The Village of Cerro Gordo

is granted a variance for

its sewage treatment facility from Rules

203(f)

and 402

of

Chapter

3:

Water Pollution of the Board’s Rules and Regulations

regarding ammonia nitrogen until June

8, 1983,

subject to the

following conditions:

30

—

408

---

3—

a)

This

variance

will

earlier

terminate

upon

adoption by the Board of any modification

of the existing ammonia nitrogen water

quality standards and effluent limitations

and the Viliaqe shall comply with such

revised regulations on adoption by the

Board.

b)

In the event that grant funds become

available during the period, of this

variance, the Village shall incorporate

in any design and specification adequate

provision for the instaliction of equip-

ment for the removal of

ai:oonia nitrogen

which will provide

the best practicable

treatment technology for the removal

of

ammonia nitrogen over the life of the

works.

c)

During the period of this variance,

the

Village shall operate its sewage treat-

ment facility to achieve the minimum

discharge of ammonia nitrogen consistent

with

the capabilities

of

the existing

equipment and process.

2.

Petitioner,~within

30 days

of the date of this Order,

shall request Agency modification of NPDES Permit

IL 0052850

to incorporate all conditions

of the variance set forth herein.

3.

The Agency, pursuant to Rule ¶~4of Chapter

3,

shall

modify NPDES Permit IL 0052850 consistent with the conditions

set forth in this Order including such

Lerim

effluent

limita-

tions

as

may

reasonably

be

achieved

throeqh the application of

best

practicable

operation

and

mainterac~ce

practices

in

the

existing facilities.

4.

Wilhin

I

r~y-~iiv

(4~)

d,~v?;

~a

(j~t(’

()~

1ii~•;

Oider,

~he i~

1.

t

I user cha

I

1.

Lu

he

M~1ndge

,

V~r

see

Sect.

i on

Division of

Water

Pollution

Control

,

Jillsum

Knvironmcnta

1

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 he susoerided in the event

of judicial review of this variance pursuant to Section

41 of

the Environmental Protection Act.

The form of said certifica-

tion shall be

as follows:

30

—

‘~O9

---

—4—

CERTIFICATION

I,

(We),

-__________

________

having read

the

Order

of

the

Pollution

Control

Board

in

PCB

78-59,

understand and accept said Order, realizing that such

acceptance renders all terms and conditions

thereto

binding and enforceable.

IT

IS

SO ORDERED

SIGNED

TITLE

DATE

I, Christan

L. Moffett,

Clerk of the

Illinois

Pollution

Control Board, hereby certify

the above Opinion and Order were

adored on the

~

day of

________________

,

1978

by

a

vote

Illinois

Polluti

Board

30