ILLINOIS POLLUTION CONTROL BOARD

January

6,

1977

CITY

OF

SULLIVAN,

Petitioner,

v.

)

PCB 76—300

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 on November

15, 1976,

by

the

City

of

Sullivan

seeking relief from Rules 203(c)

,

402,

404(f) (ii) (A) and 404

(f)

(ii)

(D)

of the Water Pollution Regulations as regards

ohosphorus.

The Agency Recommendation favorable to the grant

of the variance was filed on December 21,

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 Strasburq, PCB 76-28; Old Ben Coal Company, PCB

76—21;

City of Hoopeston, PCB 76-234.

The City is attempting

to upgrade

its existing sewage treatment plant with the help

of State/Federal

funds, but Agency approval of Sten II and III

grant awards cannot be made due to the phosphorus water quality

violation

to which the City contributes.

The City

is further

seeking this variance so that it can receive,

if otherwise

qualified,

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

thus

enabling the City to qualify for less stringent effluent limi-

tations.

Al

though

the

Aqency

does

not:

spoci

f ica I ly

so

state

n

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.

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 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.

The

City’s facility is presently serving

a population in excess of

1500 and if the regulation

is adonted would he required to treat

to

a level of

1 mg/l phosphorus.

24

—

565

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—2—

The Board is disposed to grant the relief requested.

As

in

the

earlier cited cases,

the Board finds here

the City

would

suffer an arbitrary or unreasonable hardship if required

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

This Opinion constitutes the Board’s findings of fact and

conclusions

at.

law

in this matter.

ORDER

The

Cit

of Sullivan is granted a variance for the operation

of

its

sewage treatment plant from Rules 203(c),

402,

404 (f) (ii)

(A) and 404(f) (ii) (B)

of Chapter

3:

Water Pollution

Regulations

as regards phosphorus until January

1,

1982,

subject to the

followinq 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

City

of

Sullivan

shall

comply

with

such

revised

regulations

when

adopted by the Board.

2.

If grant funds become available during the period of

this

variance,

the

City shall install and operate the requisite

eeuipment

nbcessary 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

Sullivan 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

certification shall

be

as

follows:

CERTIFICATION

I

,

(We )

,

in

vi nq

read

he

Order

ol

~iie

ho

iuL~on

ConLrol

Roard

in

PCB

76—300

understand and accept

said

Order,

realizinq

that

such

acceotance

renders

all

terms

and

conditions

thereto

binding

and

enforceable.

SIGNED

TITLE

DATE

24

—

566

---

—3—

IT

IS

SO

ORDERED.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Board,

h

reby

certify

the

above

Ooinion

and

Order

were

adooted

on

the

________

day

of

,

1977

by a

vote

of

~

Christan L. Moffe

lerk

Illinois Pollution

ntrol Board

24

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