ILLINOIS POLLUTION CONTROL BOARD
    June
    9
    ,
    1977
    VILLAGE OF HERRICK,
    Petitioner,
    v.
    )
    PCB 77—110
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ctRDER 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 Herrick 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 11,
    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 Herrick, with a population
    of
    537 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 submits that requiring phosphorus removal
    to the
    0.05 mg/l
    level
    is 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/l prior to discharge.
    Because the Village’s expected
    waste load
    is only 537 population equivalent,
    the Village will not be
    required to provide any phosphorus removal
    if the regulation
    is adopted
    as pronosed.
    25
    771

    —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
    mq/’l
    o1IosPtlorus
    water
    quality
    standard
    and
    will
    therefore
    grant
    the
    remuested
    relief.
    This
    OpInion
    constjtutes
    the
    Board’
    s
    findings
    of
    fact
    and
    conclusions
    of
    Law
    in this matter.
    C)
    RDLP
    The
    Village
    of
    Herrick
    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
    t;he
    Village
    shall
    comply
    with
    such
    revised
    regulations
    when
    acloptedhv
    the
    Board.
    2.
    Within
    35
    days
    of
    the
    date
    or this
    Order,
    the
    Petitioner,
    shall
    submit
    to
    the
    Nanaqer,
    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
    as
    follows:
    CERTIFICATION
    I,
    (We), ______________________________
    having read
    the
    Order
    of
    the
    Pollution
    Control
    Board
    in
    PCB
    77—110,
    understand
    and
    accept
    said
    Order,
    realizing
    that
    such
    acceptance
    renders
    all
    terms
    and
    conditions
    thereto
    binding
    and
    enforceable.
    SI CNE:D
    TITLE
    DATE
    IT IS
    SO ORDERED.
    25

    —3—
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    ‘7~’
    day of
    ~
    ,
    1977 by a vote of
    ~
    Illinois Pollutio
    ontrol Board
    25
    773

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