ILLINOIS

POLLUTION CONTROL BOARD

January

6~1977

CITY OF ARCOLA,

Petitioner,

V.

)

PCB 76—280

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 November

4,

1976,

by

the

City

of

Arcola

seeking

relief from Rules

203(c) and 402 of the Water Pollution Regu-

lations

as reqards phosphorus.

An Agency Recommendation

favorable to the grant of the variance was filed on December

15,

1976.

The Board

is familiar with the situation which confronts

the City of Arcola and has already granted the requested

relief in many prior variance cases.

Villa9eofArgenta

and

Village of Cerro Gordo, PCB 75-182, PCB 75-183,

18 PCB 152;

i7rfl~eof Strasburg, PCB 76-28;

Old Ben Coal Comoany, PCB

76-21; City of Hoopeston,

76-234.

The City of Arcola is

attempting to upgrade its existing sewage treatment plant

with the help of State/Federal funds but Agency approval

of the Facilities Plan and Step II

funding cannot be made due

to the phosphorus water quality violation to which the City’s

discharge contributes.

Because the City does not believe

it

is both technically feasible and economically reasonable

to

treat its discharge to meet the

.05 mg/l water quality standard

for phosphorus,

thr

City

soc’ks

thi

s

v~r

i

~inc~.

Althouqh

the

Aqency

does

not

specifically

so

state in

this Recommendation,

the,Agency has on prior occasions stated

that requiring phosphorus removal

to the 0.05 mg/l level is

not both technically feasible and economically reasonable.

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

24

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559

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—2—

impoundments

of

greater than twenty acres

to treat the waste—

water

to a level not to

exceed

1

mq/l

prior

to

discharge.

The

City~s facility is presently serving a population of approxi-

mately 2,300

and if the regulatory proposal

is adopted

as

promosed,

the City would be required to treat to a level of

I mg/i phosphorus.

The

Board

is disposed to grant the relief requested.

As

in the earlier cited cases,

the Board finds here that the City

would suffer an arbitrary or unreasonable hardship if required

to meet the 0.05 mg/I phosphorus water quality standard.

This Opinion constitutes

the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The City of Arcola is

granted

a variance for the operation

of its sewage treatment plant from Rules

203(c)

and 402 of

Chanter

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

staddards and effluent limitations and the City of

Arcola shall comply with such revised regulations when adopted

by the Board,

2.

If grant funds become available durinq the period of

this variance,

the City shall install and operate the requisite

equipment necessary to reduce the phosphorus concentration in

its discharge

to

1 mg/l,

or

to whatever alternative level may

be set by the Board.

3,

Within

35 days of the date of this Order,

the City of

Arcola shall submit to the Manager, Variance Section, Division

of Water Pollution Control,

Illinois Environmental Protection

Agency,

2200

Chucill

Road,

~pri

flq

ri

el (1,

liii

fbi 5,

62706,

an

execu

ted

Curt,

i

i

tea

hion

of

Acceptance

and

ag reenien

f

~o

he

hound

to

a

I

t urnic

~nd

cond

i

Lion:;

o

lie

varia tice.

I’lie

I

orlil

of

certification

shall

be as follows:

CERTIFICATION

I,

(We),

________

________________

having read

the Order of the Pollution Control Board in PCB 76-280,

understand and accept said Order, realizing that such

acceptance renders

all terms and conditions

thereto

binding and enforceable.

24

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560

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—3—

SIGNED

TITLE

DATE

IT

IS

SC) ORDERED.

I, Christan

L. Noffett, Clerk

of the Illinois Pollution

Conbrol Board, hereby

certify

ti

e

above

Opinion

and

Order

were

adoot:dontheL~

day

of

~

1977 by

Christan

L.

offett,

erk

Illinois

Pollution

rol

Board

24

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