ILLINOIS POLLUTION

CONTROL BOARD

January

6,

1977

McLEAN COUNTY

UNIT

DISTRICT

#5,

Petitioner,

PCB

76—271

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF

THE

BOARD

(by

Mr.

Young):

This

matter

comes before the Board on the variance peti-

tion filed October

29,

1976,

by

McLean

County Unit District

#5 seeking relief from Rules 203(c),

402,

404(f) (ii) (A) and

404 (f) (ii) (D) of the Water Pollution Regulations

as regards

phosphorus.

An Agency Recommendation favorable to the grant

of the variance was filed on December

15,

1976.

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 Strashurg,

PCB 76-28; Old Ben Coal Company, PCB

76-21; City of Hoopeston, PCB 76—234.

The School District

seeks

this variance so that it can receive, if otherwise

qualified,

a Pfeffer exemption under Rule 404 (f) (ii),

thus

enabling the District to qualify for less stringent effluent

limitations.

The plant has an average flow of only 1,200

gallons per day.

Although the Agency does not specifically

so state in

this

Pecommen1~tion,

the

1\qc’ncy

h~n;

on

or

I

or

o(~c~i~

i

ens

s

t~t:cd

thDt

rcquirin~

phosphorus

removal

to

the

0.05

iiiq/l

level

is

not

both

technically

feasible

and

economicnlly

reasonabth.

The

Agency

has

also

filed

a

Petition

for

Regulatory

Change

(R76-l)

with

the

Board

which

would

amend

the

regulations

by

requiring

only

point

sources

which

have

untreated

waste

loads

of

1500

or

more

population

equivalents

and

which

discharge

into

impoundments

of greater than twenty acres

to treat the waste-

water to a level not to exceed

1 mg/i prior to discharge.

Be-

cause

the District’s waste

load falls far below 1500 population

equivalents,

the District will not be required to provide phos-

phorus removal

if the regulation

is adopted.

24

—

553

---

—2—

The Board is

disposed

to grant the relief requested.

As

in the earlier cited cases,

the Board

finds here that the

School District would suffer

an arbitrary

or unreasonable

hardship if required

to meet the 0.05

mq/l phosphorus

water

quality standard.

This Opinion constitutes

the Board’s

findings

of fact and

conclusions of law in this matter,

ORDER

The McLean

County Unit District

#5

is granted

a variance

for the operation

of

its

sewage tr~ätment plant

from Rules

203 (c)

,

402,

404 (f) (ii) (A)

and 404 (f)

(ii) (D)

of Chapter

3:

Water Pollution

Regulations

as regards

phosphorus

until January

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

quality standards and effluent limitations and the District

shall comply with

such revised requlations

when adopted by the

Board~

2,

Within 35

days

of

the

date

of

this

Order,

the District

shall submit to

the

Manager,

Variance

Section,

Division

of

Water

Pollution Control,

Illinois

Environmental

Protection

Agency,

2200 Churchill

Road,

Springfield,

Illinois,

62706,

an

executed

Certification of

Acceptance

and agreement

to be bound

to all

terms

and conditions of the variance.

The form of said certifi-

cation shall be as follows:

CERTIF ICAT

ION

I,

(We),

_____________________________

having

read

the Order of

the Pollution

Control Board

in PCB 76-271,

understand and accept said Order,

realizing

that such

acceptance renders all

terms and conditions

thereto

hindinq ~nd

enforceable.

SIGNED

TITLE

DATE

24

—

554

---

—3—

IT

IS

SO

ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, he eby certify

the above Opinion and Order were

adopted on the

“u’

day of

______________________,

1977

by

a vote of

_____

Christan

L.

Moffet

lerk

Illinois Pollution

trol Board

24

—