ILLINOIS POLLUTION CONTROL BOARD
August 4, 1977
VILLAGE OF WAUCONDA,       
)
Petitioner,
v.             
)         
PCB 77—125
ENVIRONMENTAL PROTECTION AGENCY, 
)
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
This matter comes before the Pollution Control Board (Board)
upon the May 6, 1977 Petition of the Village of Wauconda (Waucond~)
for a variance from Rules 203(c) 
and 
402 of Chapter 3: Water
Pollution. On May 12, 1977, the Board ordered Wauconda to file an
Amended Petition stating whether it requested or waived the right
to a hearing. Wauconda filed a “Waiver of Hearing” on May 27, 1977.
The Illinois Environmental Protection Agency (Agency) filed its
Agency Recommendation in support of granting the variance on
June 29, 1977.
Wauconda owns and operates a sewage treatment plant located
in Lake County, Illinois. Equipment at the plant includes a grit
tank, primary and secondary settling tanks, trickling filters,
chlorine contact tanks, sludge digesters and sludge drying beds.
Treated sewage effluent is discharged into Banks Lake Drain Creek
which flows into Slocum Lake, a part of the Fox River drainage
basin. Wishing to upgrade its plant, Wauconda applied for and
received a Step 1 facilities planning grant from the United States
Environmental Protection Agency pursuant to Section 201(g) of the
Federal Water Pollution Control Act Amendments of 1972. Planning
has been completed, and Wauconda is awaiting Agency approval
required for Step 2 (design) and Step 3 (construction) funding.
However, the Agency has not granted approval due to the violation
of the water quality standard for phosphorus in Slocum Lake.
Granting of a variance from this standard would permit Agency
approval and thus Federal funding for construction.
Under 
Sectio ~5  
-~
a 
variance 
is to 
b~ 
-‘r~
lation 
of 
the Board 
wcr 
4
ship.  Such 
hardshlE. ~
on many 
prior occas~on~ 
--~                    
(
plants to 
achieve p~o-~r
203(c) 
is 
not econc’~n. 
C1~-
grant of 
many var-~-~&
and Villa e 
of Cer:c~ 
~cc
Vi.1 ~f   
rasura 
T~.
~i~ioUo~2~2n,   
PC
B 
6
District, 
PCB 
76—295, 
1
Leroy, PCB 
77-58; ~~y:
the Agency 
has filed
change 
the 0,05 mg/I 
9te1c
treatment 
works
Granting a 
varia~ce 
i~
environment, 
as the un-~ ~
to enter 
Slocum 
Lake
load and 
the 
Fox Rivc~ L 
~. 
cv-
funds which 
will enable Wa~’~
phosphorus 
Contr~1s, 
~,         ~-
reduction 
of 
phosphot~c ~
will drop 
from 9~73O (g/~i
In light 
of 
these fac-~-s~
~           
p
granting a 
variance 
ou+ -~icr.
The 
Board grants 
a -ia
January 
1, 1981, subjec- 
I
variance 
will 
terminate t~p
n
tion of 
the 
existing pha~u
limitations, 
Second~ 
W~rcc~r~ ha~’
removal 
equipment rap~~’-~ r ~ ~
phosphorus 
to 
I 
mgi’   
-~
operational, 
Wauco~da 
‘
since 
it is 
in the Fox 
~        
ba~~r.
~-
These 
conditions 
enat’ a
program 
while 
minim~z 
p
ti~nAct,
c r regu~
eosonabie 
hard—
~J ~ere, as
cv age treatment
-~       
re~red  
by Rule
tteB in the
-      
~ 
A. 
~genta
~
‘~y 
PCB 76—21;
a 
~              
Canitary
L~
~~~antwith  
this,
-~    
which 
would
in sewage
-   
a   
-  
a 
ard Rule 402 
until
-    - 
a. 
~irct,     
the
-~  ~-          
i 
t ary modifica—
C   -     
ards or effluent
C            
camanent phosphorus
-     
:-~   
~ncentration of
p    
a—ant cor~roisare
I~~_     
~~~ci1:i~clS,
r       
t 
~u1c  4~7(b)
aua 
upgrading
a ~‘a 
i±S 
aewage
~
-     
r~e 
lapact on the
ene   
cnd will 
continue
a 
r~
priasphorus
~ar~      
w.tJ. generate
-  
?vd 
Irbtail  permanent
a ~up rta~tbeneficial
anorus loadings
-               
cdactlon  of 35.9
~-       
bencf~ of
- -          
-               
a tce environment,
This 
Opinion 
ard 
‘  
dc~ ~-o at
conclusion 
of law o~ti-c Laa?~~ 
f
The Village 
of Wruca B   
a ar~ 
-‘
treatment 
plant 
frc~i Pr ~
Pollution 
until 
Janaar~      
I
- -     j  
-s of fact 
and
~n9 c~nditions:
—3—
1.  This variance will terminate upon 
adoption by 
the
Board of any modification of the existing 
phosphorus
water quality standards or effluent limitations and Wauconda
shall comply with such revised regulations 
when 
adopted by
the Board, or shall obtain a variance therefrom,
2.  Wauconda shall install permanent phosphorus removal
equipment 
at 
the sewage treatment plant 
capable of 
reducing
its phosphorus effluent concentrations 
to 
I 
mg/l or lower.
3.  Wauconda shall install and 
utilize interim 
phosphorus
controls at the sewage treatment 
plant until 
permanent
phosphorus controls are operational.
4.  That Petitioner shall within thirty-five (35) days
after the date of the Board Order herein, execute and
forward to the Illinois Environmental Protection Agency,
Variance Section, Manager, Division of Water Pollution
Control, 2200 Churchill Road, Springfield, Illinois, 62706,
and the Illinois PollutiOn Control Board, a Certificate of
Acceptance and AGreement to be bound by all terms and
conditions of the variance. The form of said Certification
shall be as follows:
CERTIFICATION
I, (We) ______________________________having 
read and
fully understanding the Order of the 
Illinois Pollution 
Control
Board in PCB 77-125, hereby accept said 
Order and agree 
to be bound
by all of the terms and conditions 
thea-of.
S IGNED
TITLE
DATE
IT IS SO ORDERED.
—4.-
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Opinion and Order wer~adopted on
the~day 
of        
, 
by a vote of__________________
Christan L.  ff   
Clerk
Illinois Pollutio  ntrol Board