ILLINOIS POLLUTION CONTROL BOARD

February

3

,

1977

VILLAGL

OF

MANSFIELD,

Petitioner,

v.

)

PCB

76—313

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF

TIlE BOARD

(by Mr. Younu):

This matter comes before the Board on the variance

petition filed on December

8,

1976,

by the Village of

Mansfield seeking relief from Rules

203(c),

402 and

404(f) (ii) (D)

of the Water Pollution Regulations

as

regards ohosphorus.

The Aqency Recommendation favorable

to the grant of the variance was

filed on January 13,

1977.

The Board has previously dealt with many netitions

in

which relief was sought from the reguirement of

nicotine

the ohosohorus water quality standard.

Villaqe 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 Village of

Mansfield does not presently have

a sewage collection system

or sewage treatment facilities.

Present sewage disposal

is

to individual septic tanks and tile fields.

Because

the Village has found this existing system

to be unsatis-

factory, the Village has decided, with

the

help of State/

Federal

funds,

to install

a new collection system and treat-

ment plant.

Agency approval

for

efl-her

Stop

TI or ITT

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.

The

VI

laqe

al

Ieqe~

I

ri

~

provid

I

nq

the

required phosphorus removal would impose an arbitrary or

unreasonable hardship on the Village.

Although the Agency does not snecifically

so state in

this Recommendation,

the Agency has on prior occasions

stated that requiring phosphorus

removal

to the 0.05 mg/i

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

24

—

717

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—2—

which would amend the regulations by requiring only point

sources which have 1500 or more.population equivalents

and which discharge into impoundments of greater than

twenty acres to treat the wastewater to a level not to

exceed

1 mg/i prior to discharge.

Because the Village’s

expected waste load is only 1000 population equivalents,

the Village will not be required to provide any phos-

phorus removal if the regulation is adopted as pronosed.

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 mg/l phosphorus

water quality standard.

The Board will therefore grant

the requested relief with

the

following exception.

Because

the Village plans to apply for a lagoon exemption pursuant

to Rule 404(c) (iii), the Village needs relief from Rule

d04(c)(iii)(D) as that Rule applies to phosphorus rather than

from Rule 404Cf)(ii)(D).

This relief will therefore be

granted and the request from Rule 404(f) (ii) CD) will be dis-

missed.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

The Village of Mansfield is granted a variance for the

operation of its proposed sewage treatment plant from Rules

203(c),

402 and 404Cc) Ciii) CD) of Chapter 3:

Water Pollution

Control Regulations as regards phosphorus until February

1,

1982, subject to the following conditions:

1.

This variance will terminate upon adoption by the

Board of a~nymodification of the existing phosphorus water

quality standards and effluent limitations and

the

Village

shall comply with such revised regulations when adopted

by the Board.

2.

TIu~ s’’qucn;I

lot

ntl

i

t’l

I

11)111

1411

It~

104

(I)

(ii)

(U)

I

u

~Ii

snil snc’d

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 Acceotance and agreement to be bound

to all terms and conditions of the variance.

The .form of said

24—718

---

—3—

SIGNED

TITLE

CERTIFICATION

I,

(We),

__________

___

havine read

the

Order

of

the

Po1lu~i~~~

Control

Board

in

PCB

76-313,

understand

and

accept

said

Order,

reaiizinq

that

such

acceotance

renders

all

terms

and

conditions

thereto

bindinq

and

enforceable.

DATE

IT

IS

SO

ORDERED,

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby c~rtify the ab ye Opinion and Order

were adopted on the

________

day of

~

,

1977

by

a vote of

.

Christan

L. Noifet/~~/Clerk

Illinois Pollution~-~ntrol Board

24

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