ILLINOIS POLLUTION CONTROL BOARD

June

9

1977

VILLAGE OF

KANSAS,

Petitioner,

v.

)

 PCB 77—109

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 April

15,

 1977,

 by the Village of Kansas seeking relief

from Rules

 203(c)

 and 402 of the Water Pollution Regulations as

regards phosphorus.

 An Agency Recommendation favorable to the

grant of the variance was filed on May ii,

 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, PCB 75—183,

 18 PCB 152; Village of Strasburg,

PCB 76-28;

 Old Ben Coal Company, PCB 76-21; City of Hoopeston,

PCB 76-234.

 Although the Village of Kansas, with

 a population

of 779 persons,

 does not presently have either a sewage collection

system or sewage treatment facilities,

 the Village proposes to

install such facilities with the help of State/Federal funds.

The

Village seeks

 this variance to qualify for a lagoon exemption and

for

funding

assistance.

While

the

Village

could

qualify

for

both

the

exemption

and

grant

 funds by providing the required phosphorus

removal,

the

Village

 states that this requirement would impose an

arbitrary or unreasonable hardship on the Village.

The

Agency

 subnii.t~

that requiring

phOsphOrUS

 removal

 to the

0.05 mg/i level

technically

feasible

but

economically

unreasonable

(Rec.

 2, par.

3)

 Consistent with this belief,

 the Agency has filed

a Petition for Regulatory Change

 (R76-l) with the Board which would

amend the regulations by requiring only point sources which have 1500

or more population equivalent and which discharge into impoundments

of greater than twenty acres

 to treat the wastewater to a level not

to exceed 1 mg/i prior to discharge.

 Because the Village’s expected

waste load is only 779 population equivalent,

 the Village will not be

required to provide any phosphorus removal

 if the regulation

is

adopted as proposed.

—

767

—2--

As in the earlier cited cases,

the

 Board finds here that the

Village would suffer an arbitrary or unreasonable hardship if

required

 to meet the 0.05

mci/i

phosphorus water quality standard

and will

 therefore grant the requested relief.

This Opinion constitutes

the

Board’s findings of fact and

conclusions of

 law in this matter.

ORDER

The Village of Kansas

 is granted a variance for its sewage

treatment facilities

 from Rules 203(c)

 and 402 of Chapter

3:

 Water

Pollution Control Regulations as regards phosphorus until June

1,

1982, subject to the following conditions:

1.

 Thi~variance will terminate upon adoption by the Board

of any modification of the existing phosphorus water quality

standards

 and effluent limitations

and

the

Village 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

Pollution Control, Illinois Environmental Protection Agency,

2200

Churchill Road, Springfield,

 Illinois,

 62706,

 an executed Certifica-

tion of Acceptance and agreement

 to be bound

 to all terms and con-

ditions of the variance.

 The form of said certification shall be a~

 follows:

CERTIFICATION

I,

 (We), _____________________________

 having read

the Order of the Pollution Control Board in PCB 77—109,

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.

25

—

768

—3—

I, Christan L.

 Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify

 the above Opinion and Order were

adopted on the

_______

 day of

 1977 by

 a vote

of ~

Q~L~1ffl~I~etL

Christan

offet4~~~lerk

Illinois

Poliution’~~ntrol

Board

—

769