ILLINOIS

POLLUTION

CONTROL BOARD

January

5,

1978

VILLAGE OF WINFIELD, a

municipal corporation,

)

)

Petitioner,

v.

)

PCB 77—207

ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by ~4r.Goodman):

This matter is before the Board on a Petition for Variance

filed

by the Village of Winfield

(Winfield).

Hearing was

waived

by Petitioner.

Winfield requests variance from Rules 203(a),

203(d),

203(f),

402,

404(f) and 602(b)

of Chapter

3:

Water Pollution Rules and

Regulations

(Regulations)

in order to allow construction and opera~

tion of an interim treatment works expansion in accordance with

the proposal presented in exhibits attached to the petition.

This

petition concerns the same subject matter as an enforcement matter

brought by the Environmental Protection Agency

(Agency) against

the Village of Winfield in PCB 77-114.

The Board therefore takes

official notice of its December

20,

1977 decision

in PCB 77~l14~.

Winfield, located in DuPage County,

Illinois,

owns and operates

an activated sludge sewage treatment plant

(STP) which discharges

effluent into a slough tributary to the West Branch of

the iDoPage

River.

Because the plant discharges to the slough,

the

Agency

ha~

determined that the dilution ratio of the effluent is less t~n

1 to

1.

Winfield on the other hand alleges that the slough

is

part of the DuPage River which results

in a dilution ratio greater

29

—

23

---

than

5 to L

T~oSTP

s~s

~i,00Cresidents

of

~Jfnfie1das w.

as 500 persons

~r

Cent:~~D~~ge

Hospital.

Winfield is presen~

~j

on restricted stafus whict

~as resu’ted in

the

proliferation ot

prJ

-te d~spo-a ~cters wi~n~the unincorporated areas adjace~t

to W~nfi~l~

O~Juno ~

~9~73,~infisid autnorized its representative to

apnly for Construction Grant Funds under Title II of the Federal

Wa~e~~ollu~on

Control Act

P.L.

92-500).

The City of West

Cbi~a;o~s

aut~orizedto ace as lead agency for the Facilities

P1art~ir’~Sten ~ Prc~ec~ A g~antwas subsequently awarded to the

City of West Chicago,

and ~cinf~e1dhas complied with all requests

made h~ ~ll lead ~genc~’including requests for documents,

access

to facili~tesand payments of local

funds.

It

is projected that

4 to 5 years w~l

pass before the City of West Chicago will be able

to acc~ptWinf~ed~swastewater for treatment.

In order to alleviate the prescnt overload condition

of

the

Winfield STP and to allow e~pansicnof the wastewater system,

Winfield proposes to expand the

hydraulic capacity from a

de~ign

flow of 0~5million gallons -~e’ ~

(MGD)

to 1,5 MGD and organic

capacity from ~,000 populatic~ açuivilent

(P.E.)

to 8,000

P.E.

Winfield anticipates that th:~sloterim expansion and modification

would

be

completed and on line within

180 days

after a permit

from the Agency is acquired.

The Agency has denied a

permit

for

the proposed facslity exoansion based

upon the

fact

that the

facility would not consistently produce a 10 mg/i BOD and 12 mg/i

suspended solids effluent nor will it

meet the

ammonia nitrogen

water quality standards.

In its Recommendation the Agency recommends Winfield be

granted variance from Rules 203(f),

404(f) and 962(a)

of

the Regu-

lations subject to the conditions that discharge not exceed 20

mg/l HOD and 25 mg/l suspended solids as a 30-day average and that

construction be completed within

1

months of a Board Order granting

variance.

The Agency also proposes that a variance be subject

to

Winfieid~sparticipation in the West

Chicago STP

expansion and that

that expansion continue to be viable.

It

is the

Ag~ncy~sopinion

that the interim expansion, although

not able

to achieve complete

compliance to the Chapter

3 standards, will apparently improve

Winfieid~seffluent quality during the interim period.

Furthe~

more,

additional hydraulic capacity is clearly desirable in order

for the Winfield operator to handle

existing raw

waste

loads.

29 —24

---

Winfield has repeatsdi~

had

~.oreject requests by owners

unsewered

properties

and

residents

for sanitary sewage

sezvi~e

where

extensions

would

be

required.

This

status

creates

a

p~

c

health

problem

and seware

herdehip

upon

the

residents

wishin~

eliminate

poorly

functionino

septic

systems

and

replace

them ~

r

sanitary sewage

service.

Due

to

delays

in

the

expansion

of

the

West

Chicago

STP

to

which Winfield

is

committed,

Winfield finds

itself

in

the

position of being ur~abieto send its waste

to

~i-

West

Chicago plant

and

at

the

same

time unable

~o

improve

it~

current situation at its

own

STP.

The

Board

finds that

this

position

places

~n

arbitrary

and

unreasonable hardship upon

Winfield

and

will therefore grant the variance necessary,

un0~

certain conditions.

This Opinion constitutes

the

finding of facts and conclusir~

of

law

of

the

Board

in this matter.

1.

The

Village

of

Wintllid

is granted variance from

Rule

203(f),

404(f), an~

2~2(a)

of

Chapter

3:

Water

Pollution

Regulations for its

santiary

treatment

plant until January

1.

i982 or

until

completion of

Step

3 wastewater construction

grant

Program Project

No. WPC-Cl71863

(the West Chicago Combined Sewage

Treatment Facility) whtchever first occurs,

under the

following conditions:

a.

The

aforementioned

project

is

in

effect

and proceeding with

Winfie1d~s partici~

pation.

b.

Winfield shall

apply

for the necessary

construction permits within 45 days and

complete construction within

7 months of

the date of this Order,

c,

Winfieids

discharge

shall

not

exceed

20

mg/l

of

BOD

and 25

mg/i

of suspended

solids

as

a

30-day

average.

2.

Variance

from

Rules

203(a),

203(d),

402,

and

602(d)

of

the Regulations

is

hereby

dismissed

as

inappropriate

29

—

25

---

3.

Within 45

days of the

adoption of this

~irder,

the

Village of

Winfiei~~.shall execute and

for~~d

to

both

the Illinois

Environmental

Protection

Ager~cv~2200

Churchill

Road,

Springfield,

Illinois 627C~

sed

the

Pollution Control Board a Cethification of Acceptance

and Agreement to be bound

to all

terms and conditions

of this Order.

This 45

day

pcriod shall be

held

in

abeyance during any period

this

matter is being

appealed.

The form

of

said certification shall be

CERTIFICATION

I

(We),

having read and fully

understanding the Order of the Illinois Pollution Control

Board in PCB 77-20 7 hereby accept said Order and agree to

be bound by all of the terms

and

conditions

thereof.

SIGNED_____________________________

TITLE____________________________

DATE

______________________________

Dr. Satchell abstains.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Boar

,

hereby certif

the above Opinion and Order were adopted on

the

~

day of

,

1978 by a vote of

~/—O

ristan L. Moffe

,

Illinois Pollution

ntrol Board