ILLINI:

S

POLLUTION

CONTROL

BOiul)

December

8

,

1977

CONSOLIDATION

COAL

COMPANY,

)

)

Petitioner,

)

v.

)

?CB 77—223

)

ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Young):

Consolidation

Coal

Company

filed

a

Petition

for

Variance

with

the

Board

on

September

6,

1977, requesting relief from

Rule

203(c)

of

Chapter

3

of

the

Board’s

Rules

and

Regulations

for a sanitary waste discharge from ConsolLdation’s Hillsboro

Mine into Lake Coffeen.

The Agency filed a Recommendation

favorable to the granting of the variance with certain con-

ditions on October 5, 1977.

Petitioner waived hearing on

November

7, 1977.

Rule 203(c) requires that phosphorus an P not exceed

0.05 mg/l in any reservoir or lake, or in any stream at the

point where the stream enters any reservoir or lake.

The existing treatment works for which the variance is

sought

consists

of

an

activated

sludge

package

treatment

plant with an equalization tank and effluent chlorination

facilities with an average total daily flow of 25,000

gallons

and

treats

sanitary

wastewater

from

a

bathhouse

maintained

by

Consolidation

for

its

employees

at

the

Hilisboro

Mine

portal.

In order to comply with the provisions of the NPDES permit

and Board regulations, Consolidation has planned to upgrade

the facility by addition of surface sand filters, dosing tanks

and a new chlorination system, and will otherwise qualify for

the exemption under Rule 404(f) (ii) of

Chapter

3 except for

phosphorus

as limited by Rule 203(c).

Consolidation

sta’es

in

its

Petition

that

operations

at

this

portal

of

Hilisboro

Mine will

terminate

July

1,

1979;

with

the

termination,

the

average

discharge

from

the

bathhouse

will

be

reduced

to

less

than

1,500

gallons

per

day.

28-385

---

ConsuL.

~

4-hat

the cost of

nmuliance, which

would

include

h~

on and operatio~

a tertiary

waste

treatment pi- H,

~‘

~‘pDse

an arbiHnry

and unreasonable

hardship and

pc~I1ai~

~e

the

disc~

qe

from

the

facility will

he

i~ira~e~

eproximatel\’

H

months~

The Board

has

previousij

~nted a

numior

of petitions

for variance in weich relief w~ sought from the 0~O5mg/i

phosphorus lirnitat~nof Rule

2

3(c)

finding that while such

removal

is

technil,

y

feusH~

it

is econornlnally unreasonable

(c~fH~?oPesfin,

POP

76-~34,

24 PCB 441;

~outhern

Illinois

University

at

Edgufisvilfi,

~

~‘.

‘7-~lll, 25

~CP

755)

As in

the

rannu

cited,

the 3oard finds here th-~Consoiida~

tion

would

suffer areitrary or

i

ereasonable hardship

it

required

to

meet

the

0

05

~hosphorus

~

Htion and will therefore grant

the

relief

reCuestec,

This Opinioi constLn

Board~s

findings

of

fat

and

conclusions

of

I

~

~n

this

-

il

Consolida

~on On

many

is

granted

a

variance

for

its Hillsboro Mite corral

a~nnntfacility from

Rules

203(c)

and

402

of Chapte~3~ iLte

~

ution, of the

Board~s

Rules

and

Regulations

as those Rule~ ~ply

to

pho~ihorus until June

30,

1979, sub~cc~

Jie fo~ilwr.~.gconditions

a)

Tni’

ariancc i~illearlier terminate upon

a

e

ni

by

the

Boa~d of

the existing

priuspl,

mrus

watet.

quality standards and

effluent

limitations

and

Consolidation

Coai Company

shall

comply with such revised

regulations on adoption by the Board;

b)

Conso’idation

Coal Company,

in

making interim

improvements

to

the

facility,

shall reserve

sufficient

space

for

future installation of

chemfial

stora~e

and

mixing

and

dosrnq

equip~

meat

necessary

for

phosphorus

removal

to

1

mg/~

as

may

be

required under

(a)

,

above;

c)

Within

45

days

of

the

date of this Order,

the

Petifioner

shall

submit

to the Manager, Variance

Sectic

L

.vision

of

Water

Pollution

Control,

1111n

s

Environmental Protection Agency,

2200

Churchill

Road,

~pringfield,

Illinois,

62706,

an

executed Certification of Acceptance and

Aq~ oment

to be bound to all terms and con~

28

386

---

ditions

of

this

variance.

The

forty-five

day

period

herein

shall

not

run

during

judicial

review

of

this

variance

pursuant

to

Section

41

of the Environmental Pro-

tection Act.

The

form

of said certifica-

tion shall he as follows:

CERTIFICATION

I,

(We),

_______

___________

having read

the Order of the Pollution Control Board in

PCB

77~223,

understand and accept said Order,

realizing that such acceptance renders all

terms

and conditions

thereto

binding

and

enforceable.

TITLE

DATE

IT

IS SO ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify Athe

above

Opinion

and

Order

were

adopted

on

the

~

day of

~

1977 by

a vote

of

Christan

L. Mo’f1f~t,Clerk

Illinois Pollut~ie~fmControl

Board

28

—

387