ILLINOIS POLLUTION CONTROL BOARD
May 20,
1976
ILLINOIS MASONIC HOME,
Petitioner,
v.
)
PCB 76—66
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
This matter comes before the Board on the petition of
Illinois Masonic Home filed March
4,
1976 seeking relief
from Rule 203(c),
Rules 402 and 404(f) (ii)
of Chapter
3:
Water Pollution Rules and Regulations as
regards phosphorus.
An Agency Recommendation was filed on April
28,
1976.
No
hearing was held in this matter.
Illinois Masonic Home,
located in Sullivan, Moultrie
County,
is a facility which
is maintained for the aged and
is
owned and operated by the Brotherhood of Masons.
At this faci-
lity Petitioner owns and operates a sewage treatment plant which
treats approximately 50,000 gpd of domestic wastes.
The plant
consists of
a paper—removing screen,
a bar screen,
a complete
mixed activated sludge aeration tank,
intermediate clarifier,
trickling filter, and a rectangular final clarifier which is
also used as
a chlorine contact chamber.
The waste—activated
sludge
is digested in an aerobic digester.
The plant effluent
is discharged to Jonathan Creek which is tributary to Lake
Shelbyville.
Rule 203(c)
sets
a standard of 0.05 mg/i for phosphorus
as
P in any reservoir or lake, or in any stream at the point
where it enters any reservoir or lake and Rule 402 requires
that the Petitioner’s effluent not contribute to a violation
of the Rule 203(c) water quality standard.
The phosphorus con-
centration in Jonathan Creek as it enters Lake Shelbyville
presently exceeds 0.05 rng/l;
therefore the Petitioner’s effluent
is water quality limited to the Rule 203(c)
standard of 0.05
mg/i phosphorus.
Petitioner alleges there is no economically
feasible method of reducing its phosphorus concentration to
this level, and therefore requests this variance from the stan-
dard.
While Petitioner did consider the alternatives of chemical
treatment, land application and pumping the effluent to another
treatment facility, these alternatives were discarded because
the Petitioner found they were not cost effective.
21 —475
—2—
Information about Lake Shelbyville’s nutrient loading con-
tained in the Preliminary Report on Shelbyvilie Reservoir reveals
that the discharge from Petitioner’s treatment plant contributes
only 0.4
of the total phosphorus load being transported to Lake
Shelbyville.
On January 5,
1976, the Agency filed a Petition for Regula-
tory Change
(R76-1) with the Board which would amend the Regula-
tion by requiring only point sources which have
1500 or more
population equivalent to treat wastewater to a level not to exceed
1 mg/i prior to discharge.
As justification for this proposal
the Agency submits that eutrophication studies by both the USEPA
and the Illinois State Water Survey show that the contribution of
point source dischargers to the total phosphorus problem of lakes
and reservoirs is small compared to the non-point source contribu-
tion.
The Agency submits that non—point sources, such as run—off
waters from farm lands fertilized with phosphate base fertilizers,
account for the overwhelming majority of the phosphorus loading
of most lakes and reservoirs.
In light of these studies and the small contribution that
Petitioner’s discharge will make to the Lake Shelbyville phos-
phate problem, the Board
finds that the Petitioner is entitled
to a variance.
Rule 402(f) (ii) (A)
provides, as does Rule 402,
that no effluent shall alone or in combination with other sources
cause a violation of any applicable water quality standard.
Rule
404(f) (ii) (D)
requires in part that the operator file a project
completion schedule for achieving compliance with applicable water
quality standards
(phosphorus).
Because Petitioner plans
to apply
for a Pfeffer exemption,
the Board will also grant a variance from
Rules
404(f) (ii) (A)
and 404(f) (ii) (D)
as those Rules apply to
phosphorus.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Illinois Masonic Home is granted a variance for the operation
of its sewage treatment plant from the phosphorus limitations of
Rules
203(c), 402,
404(f) (ii) (A) and 404(f) (ii) (D) of Chapter
3:
Water Pollution Regulations until May 20,
1981,
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 Illinois Masonic Home shall
comply with such revised regulations when adopted by the Board.
2.
Petitioner shall initiate a program to reduce the level
of phosphorus contained in its effluent.
This program should
include, but not be limited to, the replacement of phosphate
soaps and detergents with non or low phosphate soaps and detergents.
21—476
—3—
3.
Within 35 days of the date of this Order,
Petitioner
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 certificate shall be as follows:
CERTIFICATION
I,
(We), __________________________
having read
the Order of the Illinois Pollution Control Board in
PCB 76-66,
understand and accept said Order, realizing
that such acceptance renders all terms and conditions
thereto binding and enforceable.
SIGNED
TITLE
IT
IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted o~ithe
~c’~
day of
(fl~
-
,
1976 by a
vote of
,~
Christan L. Moffett,
rk
Illinois Pollution
rol Board
21—477