ILLINOIS POLLUTION CONTROL BOARD
March 20, 1997
DEKALB SANITARY DISTRICT,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-78
(Variance - Water, NPDES)
ORDER OF THE BOARD (by J. Yi):
On October 30, 1996 the DeKalb Sanitary District (District) filed a request for variance
from the Board's regulations at 35 Ill. Adm. Code 304.141 and 304.120(c), as they apply to
the District's effluent discharges of carbonaceous biochemical oxygen demand (CBOD5) and
total suspended solids (TSS).
1
The District requests the variance for a period of four months
to complete construction of its tertiary facility.
On December 2, 1996 the Illinois Environmental Protection Agency (Agency) filed its
recommendation, recommending that the variance be granted with certain conditions.
2
The
District did not file a response to the Agency’s recommendation. The District waived hearing
in its petition, and no hearing was held.
On January 23, 1997, the Board granted variance relief. In doing so the Board stated
the following:
Based on the record, the Board finds that the District has established that
immediate compliance with 35 Ill. Adm. Code 304.120(c) and 304.141(a)
constitutes an arbitrary or unreasonable hardship. The Board also finds that the
temporary relief provided by this variance does not pose a risk to environmental
health. The District has demonstrated the impact to the environment will be
minimal during the variance period. The District's requested interim effluent
limitations are only slightly higher than the applicable limitations to allow for
wet weather flows if any are experienced. Additionally, we agree that the
granting of variance will be consistent with federal law.
The District requested that the variance term start upon the initiation of the
bypassing of the tertiary filter system and continue for four months. The Board
1
The petition filed by the District will be referenced to as “Pet. at ” and petitioners' exhibits
will be referenced to as “Exh. at .”
2
The Agency’s recommendation will be referred to as “Rec. at .”
2
cannot determine from the record if the tertiary filter has been bypassed or when
it will be bypassed. Since the District argues that the environmental impact will
be minimal during the winter months and that rehabilitation is scheduled for
November, December, January, and February the Board will start the variance
term as of the date of this order and end the variance term on March 31, 1997
to ensure the environmental impact is minimal.
On February 24, 1997 the District filed a motion for reconsideration.
3
The District
requests the Board to reconsider the granted variance period which started as of the date of the
opinion and order and ended on March 31, 1997. (Mot. at 1-2.) The District asserts that four
months of variance relief is required in order to complete the planned construction without
being in violation. (Mot. at 2.) The District states that it did not take the tertiary filter system
out of service until February 1, 1997 because it did want to be in violation. (Mot. at 1.) The
District requests that the Board grant variance relief until May 31, 1997. (Mot. at 2.)
On March 5, 1997, the Agency filed a response to the motion. The Agency states that
it has no objection to DeKalb's motion based on its understanding of this matter. The Agency
also states that "while the winter months of December and January are historically lower flow
months due to the fact that Northern Illinois University is out of session much of the time
during these months, it appears that DSD will still be able to meet the discharge limits for
five-day carbonaceous biochemical oxygen demand ("CBOD5") and total suspended solids
("TSS") as provided in the variance while the work continues beyond the 'winter' months."
(Resp. at 2.) The Agency notes that DeKalb "has been well in compliance with these
parameters for some time, and the WWTP has certain features, such as its excess flow
treatment capabilities, to assist DSD in maintaining the limits for CBOD5 and TSS as granted
in the variance beyond the 'winter' months." (Resp. at 2.)
The Board grants DeKalb's the motion for reconsideration and extends the variance for
an additional two months until May 31, 1997. For the reasons stated in our January 23, 1997
opinion the Board finds that the District has established that immediate compliance with 35 Ill.
Adm. Code 304.120(c) and 304.141(a) constitutes an arbitrary or unreasonable hardship.
Furthermore, the Board finds that the extension of the variance for an additional two months
will not increase the impact to the environment during the variance period if the District
adheres to the conditions of grant contained in the order. The Board will vacate its order of
January 23, 1997 and replace it with the order adopted today.
ORDER
3
The District's motion for reconsideration will be referred to as "Mot. at " and the Agency's
response to the motion will be referred to as "Resp. at ".
3
The Board hereby grants the DeKalb Sanitary District a variance from 35 Ill. Adm.
Code 304.141(a) and 304.120(c) so that it may complete the rehabilitation of its facility. The
variance is subject to the following conditions:
1.
The variance shall commence on January 23, 1997 and continue until May 31,
1997;
2.
During the period of the variance, the effluent discharged shall meet the
following limits, expressed in milligrams per liter:
CBOD5
TSS
Monthly Average
15
30
Daily Maximum
30
50;
3.
All other terms and conditions of DeKalb Sanitary District’s NPDES permit will
remain in effect during the variance period;
4.
The DeKalb Sanitary District shall notify Eugene Forster, Illinois
Environmental Protection Agency, Field Operations Section, Rockford Regional
Office, at (815) 987-7755 when work on the tertiary filters begins, or began,
and again when the filters are returned to service. Written confirmation of each
notice shall be sent within five (5) working days to the following address:
Illinois Environmental Protection Agency
Bureau of Water
Compliance Assurance Section
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794-9276
Attn: Mark T. Books
5.
During this variance, the DeKalb Sanitary District shall operate its wastewater
treatment facility so as to produce the best effluent practicable. Additionally,
the DeKalb Sanitary District shall perform the necessary work on the tertiary
filters as expeditiously as possible to minimize the time period the filter is out of
service;
IT IS SO ORDERED.
Board Member K. M. Hennessey abstained.
4
If the petitioner chooses to accept this variance subject to the above order, within forty-
five days of the grant of the variance, the petitioner must execute and forward the attached
certificate of acceptance and agreement to:
Charles W. Gunnarson, Assistant Counsel
Illinois Environmental Protection Agency
Division of Legal Counsel
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794-9276
Once executed and received, that certificate of acceptance and agreement shall bind the
petitioner to all terms and conditions of the granted variance. The 45-day period shall be held
in abeyance during any period that this matter is appealed. Failure to execute and forward the
certificate within 45-days renders this variance void. The form of certificate is as follows:
CERTIFICATION
I (we), ____________________________________________, hereby accept and agree
to be bound by all terms and conditions of the order of the Pollution Control Board in PCB 97-
78, March 20, 1997.
Petitioner
__________________________________________
Authorized Agent
__________________________________________
Title
__________________________________________
Date
Section 41 of the Environmental Protection Act (415 ILCS 5/41) provides for the
appeal of final Board orders within 35 days of the date of service of this order. (See also 35
Ill. Adm. Code 101.246, Motion for Reconsideration.)
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the ________ day of ___________________, 1997 by a vote
of _______.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board