ILL:rNors

PO~LUTION

CONTROL

BOARD

N~iveiuber

10,

1977

LEWIS

AND

CLARK

uMMUN1T~ UOLiA~~.

)

P~tiL

~L)tiCj,

)

V.

)

POE 77—220

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by

Mr.

Dumelle):

Petitioner

is requesting an extension of a prior variance

from the requirements of Rule 404 of Chapter

3: Water Pollution

of the Board’

Rules and Regulations.

On May 12, 1977

in PCB

76—327 the Board noted that the Petitioner had made a good faith

effort toward maintaining a quality effluent from its sewage

treatment plant.

A variance was q~mted until September

1,

1977

because the completion of the

GodiLey

Sewage Treatment Plant

was

anticipated by that date.

Since May 12,

1977 Petitioner has substantially complied

with the conditions imposed in

its

variance,

but the Godfrey

Sewage Treatment Plant is

still not ready to accept Petitioner’s

effluent.

Petitioner has stated

that

it is ready to connect

but that the Godfrey Plant may not be ready until January

1, 1978.

The Agency has indicated that April

30,

1978 may be

a more

realistic date.

The records

in PCB 72~-246, 74-81,

75—164,

and 76—327 are

hereby incorporated into the record of this proceeding.

Petitioner shall be required to meet the same interim

conditions until it is able to complete its connection.

Denial of

a variance from Rule 404(f)

of Chapter

3 would

constitute

an arbitrary or unreasonable hardship upon Petitioner.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

A variance from Rule ~04(f)

of Chapter

3: Water Pollution

of the Board’s Rules and Regulations is hereby granted until

April

30, 1978 or the completion of the Godfrey Sewage Treatment

Plant, whichever occurs first,

subject to the following conditions:

28

—

187

---

a.

Efflnent from

Petitioner’s

sewagn nirat~entplant

shall not exceed 20 mg/i BOD

and

25

mg/i

suspended

solids on a monthly average;

b.

Petitioner shall take all

necessary

steps

to

ensure that the sewage treatment

plant

effluent

does

not exceed 400 fecal coliform/lOOmi;

c.

Petitioner

shall

not

increase

the

waste

load to its

sewage treatment plant

beyond

its

designed

capacity;

d.

Petitioner

shall maintain

its

interceptor line

so that it

is ready for

connection

at

the time the

Godfrey Sewage Treatment Plant is

placed

in operation.

e.

Within

35 days of

the

Board~s

final

Order herein,

Petitioner

shall

execute

and

forward

~

the:

Variance Section

Division of Water Pollution Control

Illinois Environmental Protection Agency

2200 Churchill

Road

Springfield,

Illinois

62706

Attention:

Mr. Robert Mulvey

a Certification of Acc~Lance and agreement to be bound

to all terms and conditions of the variance,

The form

of said Certification

shall

be

as

follows:

CERTIFICATION

I,

(We)

____________________

____

_____________

having read and

fully understandf~the Order of the

Illinois Pollution Control Board

in

POE 77-220, hereby

accept

said

Order

and agree to be bound by all the terms

and conditions thereof.

Signed by

___

_______________

Title

*

__________________

Date

___________________

IT

IS

SO

ORDERED.

I, Christan L. Moffett, Clerk

of

the Illinois Pollution

Control Board, hereb1 certify the above Opinion and Order

were

adopted on the

/~

day of

~

1977 by a vote

of

______

~

~)/y)

~

Christan L.

Moffett,

k

Illinois Pollution

ol Board

2R

—