ILLINOIS POLLUTION CONTROL BOARD

August 18, 1977

CITY OF VILLA GROVE,

Petitioner,

v.

)

PCB 77—175

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Young);

This matter comes before the Board on the variance peti-

tion filed on June

20,

1977,

by thc~City of Villa Grove

seeking relief from Rules 203(c)

arid 402 of the Water Pollution

Regulations regarding phosphorus.

The Agency

Recommendation

favorable to the grant of the varLance was

filed on July

29,

1977.

The City of Villa Grove

is presently operating a 0.3

MGD

treatment plant which will be modified an~expanded under

a

State Step 1-2-3 construction grant whicf. has been awarded.

Because effluent from the treatment works discharges

to the

Embarras River which

is tributary to Lake Charleston, operation

of Rule 203(c) would require limitation of phosphorus

(as P)

in the effluent to 0.05 mg/l.

Villa Grove is located in Douglas County, Illinois, and

has a population of approximately

2605.

The Agency believes

that the Villa Grove contribution to the total phosphorus load

to Lake Charleston would be minimal, calculating 1

contribution

if phosphorus

is discharged from Villa Grove at a concentration

of 1.0 mg/i.

The

City

has applied for the necessary grant funds

to provide reduction of phosphorus

to a concentration of 1.0

rng/l.

Villa Grove, after consideration of alternative methods of

treatment and disposal including land application, diversion to

another watershed and chemical addition,

alleges that it is

neither technically feasible or economically practicable to

reduce the concentration of phosph.6rus as P to the 0.05 mg/l

limitation imposed by the operation of Rule 203(c).

—26

373

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The Board is familiar with the situation which confronts

Villa Grove 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 Company,

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).

Additionally,

the Agency

has petitioned the Board in Regulatory Proposal R76-l for appro-

priate amendments to the Water Pollution Regulations which would

modify the existing phosphorus effluent and water quality

standards.

The Board is disposed to grant the rel~iefrequested.

As

in the cases

cited herein, the Board finds that Villa Grove

would suffer’ an arbitrary or unreasonable hardship if required

to meet the existing 0.05 mg/i standard.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The Petitioner, City of Villa Grove,

is granted a variance

for its sewage treatment plant from Rules

203(c) and 402 of

Chapter

3:

Water Pollution Control Regulations as regards

phosphorus until August

1,

1982, subject to the following con-

ditions:

1.

This variance will terminate upon adoption by the Board

of any modification of the existing phosphorus water quality

standards and effluent limitations and the City shall comply

with such revised regulations when adopted by the Board.

2.

If grant funds become available during the period of

this variance, and if the City remains subject to phosphorus

treatment requirements, the City shall install and operate the

requisite equipment necessary to reduce the phosphorus concentra-

tion

in its discharge to

1 mg/l, or to whatever alternative

level may be set by the Board.

3.

Within 35 days of the date of this Order,

the Petitioner

ehall submit to the Manager, Variance Section, Division of Water

Pollution

Cc~ntrol, Illinois Environmental Protection Agency,

2200

Churchi~l1Road, 6pr.i~field,Illinois,

62706, an executed Certifica-

tion of Acceptance and

a~nent

to be bound to all terms and con-

ditions ~f

the

variance.

The

fO~ai~

of said certification shall be

as

fOllOWS;

t~

/

,~

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—3—

CERTIFICAT

ION

I,

(We),

______________________

having read

the Order of the Pollution Control Board

in PCB 77-175,

understand and accept said Order, realizing that such

acceptance renders all terms

and conditions thereto

binding and enforceable.

SIGNED

TITLE

DATE

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the abo e Opinion and Order were

ad~tedon the

/~1

day of

________________,

1977 by a vote

Q~4

/~I~b~

Christan

L. Moff~’~JClerk

Illinois Pollution Control Board

‘26

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