ILLINOIS POLLUTION CONTROL BOARD

February 17,

1977

VILLAGE

OF FILLMORE,

Petitioner,

PCB 76—321

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 December

20,

1976,

by the Village of Fillmore

s~eking

relief from Rules

203(c),

402,

404(c),

and 404(f)

of

the Water Pollution Regulations

as regards phosphorus.

No

objection to the grant of the requested variance was filed by

the Agency or any other person and no hearing was held in this

matter.

The Aqency~s Rec~rnendation favorable

to the grant of

the variance was filed on

nuary 25,

1977.

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 CerroGordo,

PCB 75-182, PCB

75—183,

18 PCB 152;

Village

of Strasburg, PCB 76-28; Old Ben Coal Company, PCB

76-21;

City of Hoopeston, PCB 76-234; Urbana

& Champaign

Sanitary

District,

PCB 76-295.

The Village of Fillmore, with

a population of approximately 400 persons, does not presently

have either a sewage collection

system or sewage treatment

facilties.

Present sewage disposal is to individual septic

tanks and tile fields.

Because the Village has found this

existing system to be unsatisfactory,

the Village has decided,

with the help of State/Federal funds,

to install

a new collection

system and treatment facilities consisting of a three-cell

aerated lagoon with submerged sand filter and chlorination.

Agency approval for either Step II or III funding cannot be ob-

tained unless the Village

is granted this variance,

or unless

the Village provides the required phosphorus

removal.

The

Village alleges that providing the required phosphorus removal

would impose an arbitrary or unreasonable hardship on the Village.

24

—

815

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—2-

Although the Agency

does

nc

‘

this Recommendation,

tin. Ago:

i..’

that requiring phosphorus rem’

not

both

technically feastb’e

~r

a

Consistent with this belief

t-e

g

for

Regulatory

Changc.

R

o-

-

w-

the

regulations

by

requir

19

untreated

waste

loads

of

15

C

r

and

which

discharge

into

ni’q

s’

1’

acres to treat the wartewo ~r to

prior to discharge

Beta

-

~.

-

is only 400 population e

v-

required to provide

any

‘h

F

-

is adopted as proposed

-

fl—c

çr

1.

This variance ‘ilt U.

-

of any modification o

t..

..nst. g

standards

and

effluent lizritatLorc a 3

shall comply with such re tsea rag la

:

b

Board.

2.

Within 35 diy

f

I

f

Fillmore shall submit to the 4onag..

of Water Pollution Cortrol., liii

c

v

Agency,

2200 Churchill Road, apr

tg

1

executed Certification of &ccepto

.1

to all terms and conditsons of

t-...

‘r

~c

certification shall be as folio’ s

CERs’IF

C’t

t

I

I,

(We),

____________

the Order of the Pollif.1.Gr

cnCt

-

C.

r

The Board is disponl

in the earlier cited

...o~

t

would suffer an arbitra

to

to meet the 0.05 mg/l oh

c

g

This Opinion consti

it

conclusions of law in thi;

1-tt

&

The Village of

~allmort.

tion of its sewage tre

1-merit p

(c)(iii)(D), and 404(f

‘)

lations

as

regards

pho~r

I

t

to

the

following

conditior

—

t

±

a

0.

b.

n

j)

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.e~

t

•1

C.

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.

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o

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a)

t’

1.

c

i.

.i4nore

tat

-

u~

~.C

‘11

p. of

c

S

‘...,

—

ision

C

‘iCfl

-3

C

£

C.

t

~‘

bou4u~

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)f

said

A.

~

(.8

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a

-8

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---

—3—

understand and accept said Order,

realizing that such

acceptance renders all terms and conditions thereto

binding and enforceable,

SIGNED

TITLE

DATE

IT IS SO ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the

/7’~j

day of

,

1977 by a

vote of~_~

Q~1~i01ILd

9~

Christan

L. Mof~t, Clerk

Illinois Pollution Control Board

24

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