ILLINOIS POLLUTION CONTROL BOARD
    August 18, 1977
    VALLEY WATER COMPANY, INC.,
    Petitioner,
    v.
    )
    PCB 77—146
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND4 ORDER OF THE BOARD (by Mr. Young):
    This matter comes before the Board on a variance petition
    filed June 1, 1977, by the Valley Water Company, Inc. (Valley)
    seeking relief from Rule 203(c) of the Water Pollution Regu-
    lations. Valley submitted additional information on June 23,
    1977, in response to an Order of the Board entered on June 9,
    1977. The Recommendation of the Environmental Protection
    Agency was filed on July 29, 1977. No objection to the grant
    of the requested variance was filed with the Board. No hearing
    was held; Petitioner waived hearing pursuant to Rule 401(b)
    of the Procedural Rules.
    Valley operates a treatment plant and collection system
    servicing 15 customers in a small subdivision known as River
    Grange Subdivision located on Route 31 approximately 5 miles
    north of St. Charles in Kane County, Illinois.
    The treatment plant effluent discharges to a man-made pond
    which overflows to an unnamed intermittent stream tributary to
    the Fox River. Since the plant discharges to the pond, it is
    subject to the limitation of Rule 203(c) which provides that
    phosphorus as P shall not exceed 0.05 mg/i in any reservoir
    or lake, or in any stream at, the point where the stream enters
    any reservoir or lake.. As the Agency comments in the Recommenda-
    tion (R. p. 3), Valley is not subject to Rule 407(b) because the
    waste load connected is far less than the 1500 P.E. requirement
    which invokes the 1.0 mg/1effluent limitation on sources dis-
    charging within the Fox River Basin.
    Average flow, from data contained in Valley’s discharge
    monitoring reports, is approximately .005 MGD; average monthly
    concentration of phosphorus for the months of April and May,
    1977, is reported at 1.4 mg/i and 1.2 mg/i respectivey.
    26~5~

    —2—
    Valley holds a valid NPDES Per~tit (IL 0034732)
    ;
    Valley
    states that the plant is not consistently meeting the permit
    requirements for BOD and suspended solids and Valley currently
    is in the process of expanding and modernizing the plant to
    include tertiary treatment. Plans a~4.specifications are in
    preparation for submission to the Ag~xwy for permit. Canacity
    cf the plant will be expanded to
    s~tve
    a projected 130 single
    family dwelling units because the present nominal operation is
    uneconomical. Valley has requested inclusion in the comprehensive
    wastewater olan for the Valley View Service Area and have
    committed to discharge into the Valley View system when such
    regional service is made avai1able~
    The Agency recommends that the variance be granted, con-
    ditioned to require that Valley pipe the effluent from the
    treatment w~rksthrough or around the pond rather than continue
    direct discharge to the pond (Rec. p. 1, p. 5). Valley states
    (Pet. p. 2) that bypassing the pond is feasible, contingent
    on the necessary easements. In view of the limited discharge
    from the present plant, the Board will not require bypassing
    of the nond as a condition of this variance. The Agency may
    properly require the pond to be bypassed at the time nermits
    are issued for the expansion of the plant if the bypass is
    necessary to meet the standards and limitations of the Water
    Pollution Regulations.
    Valley a~ieges that it is neither economically practical
    or feasible to reduce the concentration of phosphorus as P
    to the 0.05 mg/i limitation imposed by operation of Rule
    203~c~.
    The Board is familiar with the situation which confronts
    Valley and has regularly granted similar relief in many prior
    cases. Village of Argenta and Village of Cerro Gordo, PCB 75-182,
    PCB 75-183, 18 PCB 152; Village of Strasburg, PCB 76-28; Old
    Ben Coal Com~pany,PCB 76-21. In ‘those and other cases the Agency
    and the Board have recognized that it is economically impractical
    for such petitioners to comply with, the limitation imposed by
    Rule 203(c)
    . Mdi
    ti onally, the Aqency has pc’t-.i t- i oned (P76—1)
    the Uodrd for approprlate amendments
    .tp the WaLer Pollution
    Recjul~itions which
    would modify the existing phosphorus effluent
    and water quality standards.
    The Board is disposed to grant the relief requested.
    As
    in the cases cited herein, the Board finds that Valley would
    suffer an arbitrary or unreasonable hardship if required to
    meet the existing 0.05 mg/i stan4a~d.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ~

    —3--
    ORDER
    Valley Water Company, Inc. is granted a variance for the
    operation of its sewage treabt~~nt plant from Rule 203(c) of
    Chapter 3: Water Pollution Regulations of the Board unül
    September 1, 1978, subject to the following conditions:
    1. This variance will terminate upon adoption by the
    Board of any modification of the existing phosphorus water
    quality standards and effluent limitations and Valley Water
    company, Inc. shall comply with such revised regulations when
    adopted by the Board.
    2. Within 35 days of the date of this Order, the Petitioner
    shall submit to the Manager, Variance Section, Division of
    Water Pollu4tion Control,, Illinois Environmental Protection
    Agency, 2200 Churchill Road, Springfield, Illinois, 62706, an
    executed Certification of Acceptance 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
    the Order of the Pollution Control Board in PCB 77-146,
    understand and accept said Order, realizing that such
    acceptance renders all terms and conditions
    thereto
    binding and enforceable.
    SIGNED
    TITLE
    DATE
    iT IS
    SO ORDER1~D.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    ad~tedon
    the
    /~‘~‘
    day of
    ________________,
    1977 by a vote
    Illinois Polluti
    ~26—~55~

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