ILLINOIS

POLLUTION

CONTROL

BOARD

December

8,

1977

CITY OF

SPRINGFIELD,

ILLINOIS,

DEPARTMENT

OF

PUBLIC

PROPERTY,

Petitioner,

PCB

77—185

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter

is before the Board on a Petition by the City of

Springfield,

Illinois, Department of Public Property

(Springfield)

for a variance

from

Rule 408

of Chapter

3

of the Board~sRules and

Regulations filed July

6,

1977 and subsequently amended on September

19,

1977 pursuant to an Order of the

Board,

The Agency has filed

its Recommendation,

and hearing herein was waived by Springfield.

The facilities which

are

the subject of this variance petition

are

two

of Springfield~selectric generating facilities,

the

Lakeside and Dallman

Plants.

Relief is requested from the sus-

pended solids requirement of Rule 408 of Chapter

3.

Springfield

requests variance until April

1,

1978 for its ash pond discharge,

storm sewer discharge,

and precipitation runoff from the Daliman

and Lakeside coal piles and the Lakeside fly ash disposal area.

Springfield has been issued an NPDES permit which

is presently

in

the process of modification by the U.S. Environmental Protection

Agency

(USEPA) with respect to the aforementioned discharges.

The

proposed modified permit,

when issued, will require discharges

to qener~iily meet the

ri 1 inois et~finent standnrcis or,

~n some cases,

r~j

mfl/i

of

~ied

~o

I jds.

In

~dd

iLion

U.S.

N.

N.A.

Des proposed

Lo issue Spriiigfield an enforcement compliance letter

(ECSL)

with

respect

to

the

discharges~

Section

35

of

the

Illinois

Environmental

Protection

Act

(Act)

requires

that

variances

granted

by

the

Board

be

consistent

with

the

requirements

of

the

Federal

Water

Pollution

Control

Act

(FWPCA).

28

—

383

---

The FWPCA calls for Spc~~qr~o~d~s c~scharges to be subject, as of

July

1,

19/7,

to the b

~ ~cNica,

treatment roquirements of

Section 301(b) (1) (a),

The best practical treatment

(EPT)

for

Petitioner~s

discharge

is

30

f~/

total

suspended solids on

a 30 day average

(40 CFR

423g.

t~

ion 510

of

he FWPCA requires

that the

Board

not adopt an er~

~

standard

wriich

is less

stringent than

the

effluent

St

cd~

under the

FWPCA,

i.e.,

BPT.

The Board

is therefore limited by

.~

~e Act to granting variances

within the confines of

standards

s

-

by the FWPCA and cannot

grant the variance requested by Sp~.

ngfield

herein,

(City of

Peru

v.

EPA, PCB 77-50,

City of fo~cy v.

EPA, PCB 77~l02,)

The Board reiterates

its poss. on that fai~ureto

grant a

variance is not a shutdown order,

~

EPA,

PCB 75—499,

This Opinion constitutes

ti-u

~nding

of fact and

conclusions

of law of the Board

in this ma~te.

It is the Order of the

ojlfon Control Board that the

Petition for Variance by City o~Sp :ingfieid, Department of

Public Property be and is hereby r~:ied,

Mr, Young abstains.

I,

Christan L. Moffett, CleLk of the Illinois Pollution

Control

Board, hereby certify 14~heabove Opinion and Order were

adopted on

the~day

of~

~

,

1977

by a vote of

~(-‘o

w_

Cflristan L. Mo

t, Clerk

Illinois

Pollut

n Control Board

28

~—

384