ILLINOIS POLLUTION CONTROL BOARD

March 28, 1977

CASEYVILLE TOWNSHIP,

Petitioner,

v.

)

PCB 77-14

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Young):

This matter comes before the Board on the variance

petition filed on January 13, 1977, by Caseyville Township

seeking relief from Rules 203(c) and 402 of the Water

Pollution Regulations as regards phosphorus. The Agency

Recommendation was filed on March 10, 1977.

The Board has previously dealt with many petitions in

which relief was sought from the requirement of meeting

the phosphorus water quality standard. Village of Argenta

and Village of Cerro Gordo, PCB 75—182, PCE 75-183, 18 PCB

152; Village of Strasburg, PCB .76-28; Old Ben Coal Company,

PCB 76-21; City of Hoopeston, PCB 76-234.

In this instance, Petitioner seeks relief so that the

Agency can release grant funds for upgrading work that is

planned as well as for work that has already been completed

(Rec. 2, par. 4). Aqency approval for Step II or III funding

cannot be obtained unless the Township is granted this variance,

or unless the Township provides the required phosphorus removal.

The Townshi.o alleges that providing the required phosphorus

removal would impose an arbitrary or unreasonable hardship on

the Villaqe.

Although the Agency does not specifically so state in

this Recommendation, the Agency has on prior occasions stated

that requiring phosphorus removal to the 0.05 rng/l level is

not both technically feasible and economically reasonable.

Consistent with this belief, the Agency has filed a Petition

for Regulatory Change (R76-1) with the Board which would amend

the regulations by requiring only point sources which have 1500

or

more

population equivalent and which discharge into impound-

ments of greater than twenty acres to treat the wastewater to a

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level not to exceed 1 mg/i prior to discharge.

The Township’s

facility is presently serving a population in excess of 1500

and

if

the regulation is adopted would be required to treat

to a level of 1 mg/i phosphorus. The Township states that

room will be reserved in the planned treatment facilities for

the addition of phosphorus removal equipment, if required (Pet.

3)

As in the earlier cited cases, the Board finds here that

the Township would suffer an arbitrary

or unreasonable hardship

if required to meet the 0.05 mg/i phosphorus water quality

standard and will therefore grant the requested relief. If

additional grant funds are made available, and if the Township

remains subject to phosphorus treatment requirements, the

Board will require that the Township install and operate the

requisite equipment necessary to reduce the phosphorus concentra-

tion in its discharge to 1 mg/i, or to whatever alternative level

may be set by the Board.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The Petitioner, Caseyville Township, is granted a

variance for its West treatment plant from Rules 203(c) and 402

of Chapter 3: Water Pollution Control Regulations as regards

phosphorus until March 1, 1982, subject to the following conditions:

1. This variance will terminate upon adoption by the Board

of any modification of the existing phosphorus water auality

standards and effluent limitations and the Village 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 Township remains subject to phosphorus

treatment requirements, the Township shall install and operate

the requisite equipment necessary to reduce the phosphorus con-

centration

in

its discharge tol mg/i, or to whatever alternative

level rn~iybe

set by the Board.

3. Within 35 days of the date of this Order, the Petitioner

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

Pollution Control, Illinois Environmental Protection Agency, 2200

Churchill Road, Srrinafield, Illinois, 62706, an executed Certifi-

cation of Acceptance and agreement to be bound to all terms and

conditions of the variance. The form of said certification shall

be as follows:

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CERTIFICATION

I, (We),

_____________—~

having read

the Order of the Pollution Control Board in PCB 77-14,

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 above Opinion and Order were

adopted on ~.he

~‘‘~‘

day of

ft7~4~4

,

1977 by

a vote of ~3-O

.

Christan L. Moffe4~J9C1erk

Illinois

Pollution

~ontro1

Board

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