ORDER

ILLINOIS POLLUTION CONTROL BOARD

June 8, 1978

VILLAGE OF LAKE ZURICH,        

)

Petitioner,

)

v.

)

PCB 78—89

)

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 21, 1978, by the Village of Lake Zurich for a

variance 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 sus-

pended solids. On May 9, 1978, the Agency filed its

Recommendation favorable to the grant of a variance from

the Rule 203(f) ammonia nitrogen water quality standard in

addition to Petitioner’s request for relief from Rules 203 (c),

402 and 404(f). In a response filed May 18, 1978, the

Village

confirmed the receipt of the Recommendation and

acknowledged that relief from the Rule 203(f) was also

necessary. No hearing was held in this matter; hearing

was properly waived by the Petitioner.

The Village of Lake Zurich owns and operates the

Furguson Harkness Southeast Sewage Treatment Plant designed

for 0.5 MGD and consisting of a pumping station, activated

sludge plant, secondary holding pond, and a post-chlorination

facility. The effluent from the treatment plant is discharged

to Buffalo Creek which empties into an unnamed lake and a

swamp tributary to the DesPlaines River. The I’etitioner

states

that 

the

unnamed lake

in tact a manmade flood

control pond (Pet. plO). At the daily average flow of 0.396

MGD, the effluent discharged contains approximately 11/10

mg/l BOD5/SS, 1.0 mg/l phosphorus, and 9.0 mg/i nitrogen

(Pet. p1, 3). At peak flow of 0.635 MGD, the discharge

contains about 18 mg/l BOD5 and 16 mg/l SS (Pet. p3).

The Village of Lake Zurich is presently considering

measures for upgrading its treatment facility. The expansion

will increase treatment capacity to 1.25 MGD including con-

struction of new primary, secondary, and tertiary treatment

facilities. The proposed improvements will take approximately

30—411

18 months to install at an estimated 

cost 

of $1.3 million

which unon completion is exnected to produce 6-8 mg/i BODE,

10-12 mq/l suspended solids arid I mg/i phosphorus (Pet. p6,

8). Petitioner, its residents and oronerty owners will

pay

the

entire cost of the project (Pet. p6).

Rules 203(c), 203(f), and 402

Phosphorus and Ammonia Nitrogen

The Petition as amended alleges that a variance is

necessary from the Rule 203(c) phosphorus and the Rule

203(f) ammonia nitrogen water quality standards and the

Rule 402 effluent quality requirements. Rule 203(c) sets

a limit for phosphorus concentration of 005 mg/i in any

stream at the point of entry to any lake or reservoir.

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

ammonia nitrogen shall not be exceeded in waters of the

State. In addition, where downstream phosphorus and

ammonia nitrogen standards will continue to he in viola-

tion, the Village would be required to meet the water

quality standards as an effluent unless Petitioner is

granted a variance from Rule 402 in addition to Rules

203(c) and 203 (f) (ammonia nitrogen) of Chapter 3.

The Board is familiar with the problems facing munici-

pal dischargers in meeting phosphorus standards. City of

Hoopeston, PCB 76-234, 24 PCB 441; Southern Illinois University

at Edwardsvilie, PCB 77--ill, 25 PCB 775; Valley Water Company,

Inc., PCB 77-146, 25 PCB 289. The Board notes that the

Petitioner has adopted an ordinance limiting the amount of

phosphates in detergents offered for rjio in the Village

(Pet. p7).

In those and other cases, the Aqen~ and the Board have

recognized that it is economically i:n~:racticai for the peti-

tioners to comply with the current phosphorus limitation of

Chapter 3. In addition, the Agency has petitioned the Board

i.fl re(~ul

a

Lory

proposal 

P76

.1

app ropr i o aln(’ndrnen Ls

to

the phosphorus effluent and water

qual 

ity standards of the

~-!ater Pollution Requlations.

If

regulatory

proposal 

P76—i

were

adopted as nroposed, the southeast treatment plant would

be required to treat phosphorus to

level of 1.0 mg/i.

In a number of cases involving the ammonia nitrogen

requirement, the Board has granted a variance provided that

Petitioner agree to comply with the oronosed ammonia nitrogen

regulatory changes adopted by the Board in P77-61 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 Chanter 3 to establish an interim ammonia nitrogen effluent

30 —412

3—

limitation for discharoers to streams of this State. On

April 14, 1978, this pronosed 

final

requlation was submitted

to the Secretary of Stat&s Office for a 45—day publication

and comment period erdinq

Nay

29,

1978. Without a variance

from Rules 203(f) (ammonia nitrogen) and

402,

Petitionerts

present discharge from the southeast plant would be required

to meet 1.5 mg/i ammonia nitrogen effluent limitation in the

summer and 4.0 mg/i winter limitation orovided that Petitioner

does not cause or contribute to a 

breach

of

the

ammonia nitro-

gen water quality standard.

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

to the southeast plant from Rule 203(f) as it apulies to

ammonia nitrogen and from Rule 402 for two years or until

designed improvements are completed.

Rule 404(f) (BOD5/Total Suspended Solids)

Rules 203(d) and 402 (Dissolved Oxygen)

In this Petition, the Villane of Lake Zurich also seeks

a variance from the 4 mg/i BOD5 and the 5 mg/i suspended

solids effluent limitations of Rule 404(f). In December,

1972, 

the

southeast treatment facility was granted a “Pfeffer

exemption” pursuant to Rule 404 

(f)

(ii) of Chapter 3. On

February 24, 1978, the Agency denied Pctitioner’s extension

of the exemption on 

the

grounds that the discharge may

contribute to dissolved oxygen water quality violations in

the DesPlaines River and the discharge

of

deoxyqenating wastes

and phosohorus causes or contributes

to water quality viola-

tions

in

the unnamed lake downstream from

Petitioners dis-

charge (Rec. p2, 3).

The Agency points out that predictec~data generated by

the Northeastern Illinois Planning Commission through a

computer simulation indicates that future violations of the

dissolved oxygen standard in the upper DesPlaines River may

occur even after all point sources arc in 

comoli ance with

jfl(l

r(quI iOnS (k~c. ~3, 4).

ll~L~ ‘t( it

i()fl(’’~

!~(1I!(.~t.

k)! ~

v~,

i~nc~: I

~~tii

1~uk’ 40’1 (I

)

would permit the southeast plant to discharge

at a 10/12 BOD5/SS

level. Petitioner claims that relief will have no significant

impact on fish, aquatic or plant life during

~he terms of the

variance (Pet. p9). The Agency concludes that the proposed

expansion will improve the existing quality of the receiving

waters (Rec. p4).

In support of this request for relief from the 4/5

deoxyqenating waste recuirements, the Board will incorporate

the Agency justification in its proposal before the Board to

delete Rule 404(f) published in Environmental Register ~l48,

dated June 9, 1977. In P77—12 (Docket C) 

the Agency stated

that treatment to 4/5 BOD5/SS is beyond the capabilities of

30

—

—4—

conventional tertiary treatment. In this case, Petitioner

has explored alternative methods and has reported no reasonable

means of meeting the Rule 404(f) limitation (Pet. p7). The

Petitioner, therefore, concludes 

and

the Agency agrees that a

requirement to meet the 4/5 regulatory requirements constitutes

an arbitrary

and

unreasonable 

hardship.

In considering this variance from Rule 404 (f) of Chapter

3, the Board agrees that

failure to grant the requested relief

would impose an unreasonable hardship in view of the pending

proceedings in Docket C of R77-12. Petitioner will be granted

a variance from Rule 404(f) for 

two

years or until the Board

adopts any modification to 

Rule

404(f) in Docket C of R77-l2.

While the southeast plant

is undergoing facility improvements,

Petitioner shall meet the interim limitations of NPDES Permit

IL 002320,

It is not the intention of this Board to excuse Petitioner

from implementing

any

reasonable measures designed to improve

dissolved oxygen conditions downstream from its discharge.

The Board ip concerned about the dissolved oxygen problems

that apparently will continue to occur in the

DesPlaines River

system after concerted efforts to improve point—source

dis-

charges 

to

these waters. In view of these conditions, the

Board finds that a variance from Rule 203(d) dissolved oxygen

water quality standard is necessary here. A variance will be

granted

to Petitioner on the condition that the Village consider

all reasonable methods for improving dissolved oxygen levels

in

its effluent from the southeast plant and in critical down-

stream areas as described in the Order; Petitioner will also be

required to monitor for dissolved oxygen levels in the receiving

waters in accordance with the Order.

The Board will direct the Agency to modify Petitioner’s

NPDKS Permit IL 002320 consistent with this Order pursuant

to Rule 914 of Chapter 3 to include interim effluent limita-

tions as 

may

reasonably be achieved through application of

host 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 Lake Zurich is granted a variance for

the operation of its southeast sewage treatment plant from

Rules 203(c) and 402 of Chapter 3: Water Pollution of the

Board’s Rules and Regulations regarding phosphorus until June

8, 1983, subject to the following condition:

3O~414

—5—

a) This variance will

earlier terminate upon

adoption by the Board of any modification

of the existing phosphorus water c~iality

standards and effluent limitations and

the Village shall comply with such revised

regulations

when adopted by the Board.

2. The Village of Lake Zurich is granted a variance for

its southeast sewage treatment plant from Rules 203(f) and 402

of Chapter 

Water Pollution of the Board~s Rules and Regula-

tions regarding ammonia nitrogen until June 8, 1980, or until

the southeast facility improvements become operational, which-

ever occurs first, subject to the following condition:

a) During the period of this variance, the

Village shall operate this treatment

plant to achieve the minimum discharge

of ammonia nitrogen consistent with the

capabilities of the existing equipment

and process.

3. The Village of Lake

Zurich is granted a variance for

its southeast sewage treatment

plant from Rule 

404(f) of Chapter

3: Water Pollution Regulations until June 8, 1980, subject to

the following conditions:

a) This variance will terminate upon the

adoption by the Board of

any modification

of Rule 404(f) and the southeast plant

shall comply with such revised regulations

when adopted by the Board,

b) During the period of this variance, the

effluent shall not exceed the 

interim

effluent limitations of itt; 

NPDES Permit

IL 002320.

Th’ Vi 

1 -l ~iqc’

1

1 ak’ Z

i

I    ~I 

varIanee inr

son

LI

teas

seWaqe Ltt ‘a

Linen 

L ~ I n I. I

m kt

20 (d 

)

and

402

of Chapter 3: WaLer Pollution Peulations unt ii June 

8, ~980,

subject to the following conditions:

a) The variance herein granted shall apply

only to the general dissolved oxygen

standard in

Buffalo Creek and the unnamed

lake downstream from the southeast dis-

charge.

h) During the period of 

this variance, the

southeast plant shall implement all

reasonable measures to increase dissolved

oxygen levels in southeast treatment plant

effluent and in the

waters downstream from

its discharge.

30—415

ooaqe shall mo’~itorand 

report

Agency monthly 

dissolved oxygen

in

BuffaTh C~eek and in the

~c:

Led lake dow~istream 

from the south-

troatment olant 

discharge at moni—

nq ooints as sun ~ he 

determined

Comment

with ~-~huAgency.

~ ssolved oxyqeu tevths 

neasured at

•

)udtions

in

Buf

tale ceek or in

•ununied lake

do

not

‘coed the

~ctCOfl5

of h~

233(

~n any

~ccutive 12—month neof cf further

:cr~oq under

~ Cd) sn~ not 

:mm within 30 days 

the date of this Order,

••~i~

modification

of NPDES 

Permit IL 002320

ci~nditions

the variance set 

forth herein.

5c~ icr

~r. t~c

-ri~’

~ursuant

huic 

~ if of Chapter 3, shall

r rf 002320 consistent

with the 

conditions

nor includir such interim effluent 

limita—

i

~‘

he

och~cctccl

tdiruuch the application of

~:cuLion ~ud ~na

i~nfcc 

once 

r)rdct ices in the

five 

(45) i:ys cI the date of this Order,

~utimit 

to b

~4andcrcr 

Variance Section,

ct~onControl 

lIt inois Environmental

~nU Churciii~ Ro~cu ~cninqfield,

Illinois,

cct~fication

of t~ ~i:ance 

and Agreement

ms and conditions

the variance.

The

~c

herein shall he

‘nded 

during any

s variance r

to

Section 31 of

cotton 

Act. 1 IO

Lorn 

of said certifica—

having read

LLu~Jon Contt:c~

i~oard 

in PCB 78—89,

~Lt ~aiu Orciec,

ic~1i 

zing that such

i

Lerms ann conditions

thereto

SLGNdD

‘~16

—7—

IT IS SO ORDERED.

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

of

-~.

C ristan L. Moff 

Clerk

Illinois Pollutio ontrol Board

30—417