ILLINOIS POLLUTION CONTROL BOARD
August 18, 1977
ILLINOIS DEPARTMENT OF CONSERVATION,
Petitioner,
v.
)
PCB 77—176
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Dr.
Satchell):
On June
30, 1977 the Illinois Department of Conservation
(DOC)
filed with the Board a petition for variance.
The peti—
tion requests relief from the phosphorus limitations of Rules
203(c)
and 402 of Chapter
3: Water Pollution Regulations for
its Little Grassy Fish Hatchery in Williamson County, Illinois.
Petitioner asks to be allowed to discharge effluent up to
1.0 mg/i of phosphorus.
The
DOC
is attempting to increase its capacity to stock
Illinois waters to meet projected long—range needs.
Pursuant
to this program Petitioner seeks to expand the Little Grassy
Fish
Hatchery to establish an “intensive rearing system capable
of supplementing the proposed statewide facility at Sand Ridge.”
The expanded facility will be designed to promote hatching and
rearing of two species
of fish, channel catfish and redear sun-
fish.
Phosphorus levels in excess of current State standards
would arise in Petitioner’s effluent entering Little Grassy
Creek as a result of the introduction of fish feed into the
facility raceways during the rearing process.
The facility will have two independent sources of effluent.
One source of overflow will be from the hatchery operations and
the other will be treated wastewater,
mainly from the cleaning
operations.
Petitioner predicts that the overflow will not
exceed a concentration of 10 mg/i BOD,
12 mg/i suspended solids,
and
1 mg/i phosphorus.
At an expected dilution ratio of 1:1 no
treatment would be required for the overflow should the variance
be granted.
A treatment plant
(0.1 MGD) consisting of an equal-
ization tank,
a two stage lagoon, and intermittent sand filter
26~-375
—2—
will treat all wastewater from the cleaning operation.
Peti-
tioner predicts that this facility will not discharge in excess
of one mg/i phosphorus.
However, should it appear that this
level will be exceeded, treatment modifications
(a chemical
addition)
and/or the implementation of pollutant-abating
hatchery operations will be utilized
(Pet.
4.2).
Petitioner predicts that the effluent discharges from
the expanded hatchery will not exceed
1 mg/i phosphorus.
Petitioner states that it is expected on a yearly average,
phosphorus output concentrations will more nearly approach
0.24 mg/i
(Pet.
5.1).
According to the Agency with a com-
bined effluent of 3.2 MGD, Petitioner’s proposed facility
will dischar’ge between 6.4 and 26.7 pounds of phosphorus per
day.
In the USEPA National Eutrophication Survey’s booklet,
“Report on Crab Orchard Lake,”
it is estimated that Crab
Orchard Lake receives 79,355 Kg per year
(478.3 lbs. per day).
Thus, according to the Agency, Petitioner’s proposed facility
will contribute between 1.3 and 5.6
additional phosphorus.
The Board has before it now the regulatory proceeding of
R76-l,
a proposal by the Agency to change the phosphorus
standard which is the subject of this variance request.
If
the Board enacts the proposed change, Rule 203 will be eliminated and
Rule 407 will be expanded to allow discharqes containing 1.0 mg/i of
phosphorus
in bodies of water such
as Crab Orchard Lake.
Currently under Rule 203(c)
the standard is 0.05 mg/i of
phosphorus.
The Agency agrees with Petitioner that to require Peti-
tioner to attain the 0.05 mg/i level would constitute a
hardship.
The Agency states that while to reach 0.05 mg/i
is technically possible,
it is economically unreasonable.
Petitioner states capital costs of $2.2 million and an annual
operating cost of $430,000 would be required to come into
compliance
(Pet.
8.2).
The Agency files show no NPDES permit
or application for permit for the Little Grassy Hatchery.
The
Agency recommends granting the variance subject to conditions.
The Board has confronted similar problems with phosphorus
in the past and has granted variances numerous times, Urbana
and Champaign Sanitar’
District v. EPA, PCB 76-295,
24 PCB 707
(Feb.
3,
1977),
and City of Arcola
v. EPA, PCB 76—280,
24 PCB
559
(Jan.
6, 1977).
The Board finds as in the earlier cases
that to require Petitioner to meet the water quality standard
of 0.05 mg/i would be an arbitrary and unreasonable hardship.
The Board grants a variance subject to the Agency’s proposed
conditions.
—3—
This opinion constitutes the Board’s
findin~.of
fact
and conclusions of law inthis matter.
ORDER
It is
the order of the Pollution Control
~3c~
that
a
variance is granted to the Illinois Departmen~-
~‘servation
Little Grassy Fish Hatchery,
from the phospho
~atations
of Rules 203(c)
and 402 of Chapter
3
Water
o
for a
period
of
five years or untiL such time
th~
~o:oposed
regu-
latory change R76-l is adopted, whichc:.~
occurs
:~irst,subject
to the following conditions:
1.
Th’e
effluent
from
Petitioner’s
wastewstsc plant
and
from
the
overflow
shah
not
exceet.
mg/l
phosphorus
at
anytime.
2.
Petitioner shall agree to comply with au~modi-
fication of Rule 203(c)
of
Chapter
3~
Water
Pollution if and when adopted by
the Illinois
Pollution Control Boarth
3.
Petitioner, within 28 days after
toe
date of this
order, shall execute and forward ~o the Illinois
Environmental Protection Agency,
:~4anager,
Variance
Section, 2200 Churchill Road,
SprLiqfisld,
Illinois
62706, and to the Pollution
Control
~3oard,a certifi—
cation of acceptance and agreement to he bound to
all
terms
and
conditions
of
the
variance.
The
form
of
such
certification
is
to
be
as
follows:
CERTIFICATION
The
Illinois
Department
of
Conservation
has received
and
understands
the
Order
of
the
Illinois
Pollution
Control Board in PCB 77-176 and hereby accepts said
order and agrees to be bound to all of the terms
and conditions thereof.
Signed by
Title
Date
IT IS SO ORDERED.
—4—
i,,,Christan L. Moffei.t,.Clerk o.f.~the.I.l1inois,Pollut~Lon
Control Board, hereby certify the ab ye Opinion and Order
were
adopt~
on
the
/3~~
day of
_________,
1977 by a
vote of
~b—O
Christan L. ~off,
Clerk
Illinois Pollutio
ontrol Board
hi;;~