ILLINOIS POLLUTION CONTROL BOARD
    May 26
    ,
    1977
    VILLAGE OF DUNLAP,
    Petitioner,
    v.
    )
    PCB 77—67
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND.ORDER OF THE BOARD
    (by Dr. Satchell):
    The Village of Dunlap filed a petition for variance with
    the Board on February 28,
    1977.
    Petitioner seeks a variance
    from Rule 203(f)
    of Chapter
    3: Water Pollution Regulations
    (Chapter 3).
    The Agency interpreted the request as also
    seeking relief from Rule 402 of Chapter
    3.
    The Agency
    recommendation
    in this matter was filed April
    7,
    1977.
    According to the
    1970 U.S.
    Census,
    Dunlap’s population
    was
    656.
    The Village owns and operates its own public water
    supply and distribution system.
    Water
    is obtained from a
    well that is 1600 feet deep.
    The well water is shown
    in the
    petition to have 2.8 mg/i fluorides,
    1250 mg/i chlorides and
    2800 mg/l total dissolved
    solids;
    all concentrations are
    above those allowable by Rule 203(f).
    Treatment consists
    of chlorination and aeration for hydrogen-sulfide removal.
    Petitioner’s sewage treatment plant
    (STP)
    was construc-
    ted in 1971 and consists of a three cell lagoon with
    chlorination.
    Discharge is to Kickapoo Creek a few miles
    downstream from its headwaters.
    According to the Agency
    Petitioner’s STP is new and underloaded and its treatment
    performance is typical for a system of this type.
    Results
    of Agency grab sampling and excerpts from Petitioner’s
    discharge monitoring reports
    are
    set forth as follows:
    AGENCY
    GRAB
    SAMPLES
    DATE
    BOD5
    (mg/i)
    TSS
    (mg/i)
    Amm-N
    (mg/i)
    FECAL COLI. (N/l00 ml)
    05/76
    9
    52
    6.0
    —0—
    08/76
    4
    —0—
    0.01
    —0—
    09/76
    10
    2
    0.01
    —0—
    10/76
    3
    10
    0.06
    —0—
    01/77
    13
    2
    2.7
    25
    —
    597
    —2--
    DMR REPORTS
    DATE
    BOD
    (mg/l)
    TSS
    (mg/l)
    Ave~Max
    Ave/Max
    10/76
    6/10
    3.5/6
    11/76
    6/10
    4/6
    12/76
    4/6
    4/7
    During the latter half of 1976 the Agency had consultants
    conduct a biological survey of the Kickapoo Creek watershed.
    This
    survey’ showed that Kickapoo Creek was semi—polluted
    upstream of the Village’s discharge, unbalanced 1.75 miles
    downstream of Petitioner’s discharge,
    semi—polluted
    3 miles
    downstream and unbalanced
    6 miles downstream.
    The upstream
    semi—polluted conditions were attributed to very low flows
    in Kickapoo Creek during the survey.
    The discharge from
    the treatment plant was apparently the cause of improvement
    in the stream condition from semi—polluted to unbalanced.
    The Agency’s grab samples reveal that Petitioner’s STP was
    achieving
    a high degree of nitrification during the latter
    half of
    1976.
    The recommendation states that deteriorating
    stream conditions downstream of Petitioner’s discharge were
    attributable, not to
    a dissolved oxygen sag due to nitri—
    fication, but rather to the low flow conditions of Kickapoo
    Creek.
    Kickapoo Creek is classified
    as an intermittent
    stream at the point of Petitioner’s discharge.
    An Agency
    sampling station approximately 10 miles downstream on
    Kickapoo Creek shows that on seven different sampling dates
    from March
    17,
    1975
    to December 14,
    1976 the chloride and
    sulfate measurements were within the general water quality
    standards of Rule 203(f)
    (Rec.
    3).
    The Agency believes there
    is no technically feasible
    and economically reasonable treatment available for re-
    moval of total dissolved solids
    from Petitioner’s STP
    effluent.
    The Village estimates that to develop a new water
    supply would cost $176,000 and improvements would cost
    $58,400.
    The Agency concurs with the cost estimate on the
    alternate source of water supply.
    The alternate source,
    according to the Agency,
    is a shallow 40 foot thick glacial
    drift formation, the edge of which
    is approximately two
    miles from Dunlap.
    Most of the cost associated with this
    alternate source would be the cost of transmission facili-
    ties from the well site to the community.
    25
    --
    598
    —3—
    Based
    on the previously mentioned biological survey
    the Agency assesses the enviionmental impact of Petitioner’s
    discharge upon Kickapoo Creek as small but positive.
    The
    Agency states that normally domestic use of water
    is ex-
    pected to increase the strength of some of its chemical
    constituents.
    Fluoride strength would not be expected to
    increase.
    Chloride and total dissolved solids would be
    expected to increase.
    Chloride may increase in an incre-
    ment range of approximately 20 to
    50 milligrams per liter
    and total dissolved solids would increase
    in an increment
    range of 100 to 300 milligrams per liter.
    The Agency further
    states that high total dissolczed solids can be a source of
    citizen complaints.
    No written complaints have been filed
    with the Ag~ncy.
    During a December 1975 inspection an Agency
    inspector noted several verbal complaints concerning the
    salty taste of Petitioner’s water.
    The Agency believes that requiring Petitioner to install
    a new public water supply or provide treatment for the re-
    moval of total dissolved solids from its present water supply
    would place an economic burden on Petitioner which would be
    arbitrary and unreasonable.
    This
    is particularly true in
    view of the lack of adverse environmental impact.
    The Agency
    recommends granting a five year variance subject to conditions.
    The Board agrees with the Agency’s assessment.
    The
    heavy cost of compliance for a small village balanced against
    little environmental impact would be an arbitrary and un-
    reasonable burden.
    The Board will grant a five year variance
    from the date of this Order,
    subject to the Agency’s recommended
    conditions.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Pollution Control Board grants the Village of Dunlap
    a variance from Rule 402 of the Chapter
    3: Water Pollution
    Regulations and the provisions
    of Rule 203(f)
    of Chapter
    3
    applicable to fluoride, chloride and total dissolved solids
    for five years from the date of this Order.
    1.
    Fluoride
    is not to exceed background levels;
    2.
    Chloride
    is not to exceed 50 mg/i above back-
    ground levels;
    3.
    Total dissolved solids are not to exceed 300 mg/i
    above background levels.
    25
    —
    599
    4,
    Petitioner shall, within thirty
    (30)
    days of the
    date of this Order,
    submit
    a Certificate of Acceptance,
    in the
    format shown,
    to the Environmental Protection Agency at the
    following address:
    Environmental Protection Agency
    Control
    Program
    Coordinator
    2200 Churchill Road
    Springfield, Illinois
    62706
    CERTIFICATE OF ACCEPTANCE
    I,
    (We)
    ,
    having read
    the Order of the Illinois Pollution Control Board in
    case number PCB77—67,
    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
    Roard,
    herepY
    cerLi
    i~’ IJie
    above
    Opinion
    and
    Order
    were
    adopt~ed
    Ofl
    t he
    ~
    day
    of
    ~
    ,
    P177,
    by
    a vote of
    ________
    Christan L.
    Moffe
    Clerk
    Illinois Pollution Control Board
    25
    —
    600

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