ILLINOIS POLLUTION CONTROL BOARD

February

3,

1977

URBANA

AND

ChAMPAIGN

SANITARY

DISTRICT,

Petitioner,

v.

)

PCB 76—295

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent,

OPINION AND ORDER OF THE BOARD

(by Mr. Young):

This

matter comes before the Board on the variance neti-

tion filed November

12,

1976,

by the Urbana and Chamnaign

Sanitary District seeking relief from Rules

203(c)

and 402

of

the

~iJaterPollution Regulations

as regards phosphorus,

~o

objection

to

the

grant

of

the

requested

variance

was

filed

by

th~

Agency

or

any

other

person

and

no

hearino

was

held

in

this

matter.

The

Agency’s

Recommendation

was

filed

on

January

13,

1977.

The Board is familiar

with

the situation which confronts

the Petitioner and has already granted

the requested relief

in many prior cases.

Village of Argenta and Village of Cerro

Gordo,

PCB 75—182,

POE 75—183,

18 PCB

152; Village of Strasburg,

PCB 76-28; Old

Ben

Coal Company, POE 76-21; City of_Hoo~eston,

PCB 76-234.

Th~Petitioner

is attempting to upcfrade its

existing

wastewater

treatment

facilities

with

the

helo

of

State/Federal

funds

but

Agency

aoprovai

of

the

Facilities

Plan

and

Step

II

funding

cannot

be

obtained

due

to

the

ohosohorus

water

cuality

violation

to

which

the

Petitioner’s

discharqe

Cr)fl

r

I

.

J~

~

I

~

I

I

a

I

I

V

I

I

I

Ii

Lctiiiiyi

I

ly

‘~iiI~

arid

~noiiii~tI

ly

r’.i~ii~iII~’

I~

I

~&‘at

i ts

di schar~e

tIc)

moeL

Lhe

0.

0r~

niq/i

waLer

anal

i

Lv

s Landard

lull

phosphorus,

this variance

is souqht.

In the above cited cases,

the Agency has stated that it

is not

both

technically feasible and economically reasonable

to require ohosphorus removal

to the 0.05 mq/l

level.

Althouqh

the Agency does believe that the technoloqy

is available,

the

Aqency

believes

the

utilization

of

this

technoloqy

would

be

prohibitively

expensive

(Rec.

par.

7,

8)

.

The

1\uoncv

has

also

filed

a

Petition

for

Regulatory

Change

(R76-l)

with

the

Board

which

would

amend

the

regulations

by

requirinq

only

point

sources

24

—

707

---

which

have

untreated

waste

loads

of

1500 or more oooulation

ecuivalents

and

which

dischnrqe

into

imooundments

of

ereater

than

twenty acres

to

treat

the was

lewater

to

a

level

not

to

~el

I

ne/i

on

or

to

dischc~.

The

Petitioner’s

~acili

ties

oresontly

serving

a

nonulation

in excess of

1500 and

if

toe

reeulator~’

pronosal

is

adopted

as

proposed,

the

Petitioner

would

be

required

to

treat

to

a

level

not

excoerlinci

I

mu/l

ohosohorus

The Board

is disoosed to grant the relief reouested.

As in the earlier cited cases,

the Board

finds here that the

Petitioner would suffer an arbitrary or unreasonable hardship

if required

to meet the 0.05 mq/l water quality standard.

Because

it apoears that Petitioner

is

required to reapply

for

the

Pfeffer

exemption

for

its

facilities,

the

Board

will

also

grant

relief

from

Rule

404(f)

(ii)

(A)

and

404(f)

(ii)

(D)

as

those

rules

relate

to

ohosohorus

(Pet.

Exh.

I)

.

This

relief

will

enable

the

District

to

renew,

if

otherwise

qualified,

its

existing

exemotions.

This

Ooinion

constitutes

the

Board’s

findinos

of

fact

and

conclusions

of

law

in

this

matter.

ORDER

The Urbana and Champaiqn Sanitary District is granted

a

vsniance

for

t1ie

ooeration

of

its

sewaqe treatment facilities

fron

Rules

203(c),

402,

404(f)

(ii)

(A)

and

404(f)

(ii)

(D)

of

Chanter

3:

Water

Pollution

Regulations

as

regards

ohosohorus

until

January

1,

1982,

subject

to

the

followino

conditions:

1.

This

variance

will

terminate

uoon

adootion

by

the

Board

of

any

modification

of

the

existing

phosphorus

water

~ua1itv

standards

and

effluent

limitations

and

the Petitioner

shall

comoly

with

such

revised

regulations

when

adooted

by

the Board.

7.

II

‘pint

Iii,ido

I’e~iic’

ivii

ill

diii

liii

Iii’

id

tI

I

ii;

vii

ilni’,

tIn’

511

iuIi’i

;IiiI

I

iii~I

ii

I

nid

(01

il’

I

i

u

i

I

I

e

eq

ci

i

I

)iii&

‘ii

t

i iecec;

a iv

I

ii

‘diRe

I lie

iii i

i~

p1

ict

ii:;

concentration

in

its

discharge

to

I

mq/l,

or

to

whatever

alternative

level

may

be

set

by

the

Board.

3.

Within

35

days

of

the

date

of

this

Order,

the

Peti-

tioner

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 he as

follows:

24

—

708

---

—3--

CERTIFICATION

I,

(We),

_________

havinq

read

the Order

of the

Pollutio~.

buntrol

Board

in

PCB

76-295,

understand

and

accept

said

Order,

realizina

that

such

accentance

renders

all

terms

and

conditions

thereto

binding

and

enforceable.

SIGNED

TITLE

DATE

IT

IS

SO

ORDERED.

I, Chnistan L.

Moffett, Clerk of the Illinois Pollution

Control

Board,

herebd

certify

the

above

Opinion

and

Order

were

adonted

on

the

_______

day

of

~

_____—,

1977

b~’ a

vote of

~.

Christan

L.

Moffe’t.y7 Clerk

Illinois Pollutiocr~c~ontrolBoard

24

—