ILLINOIS POLLUTION CONTROL BOARD
    September 18,
    1975
    VILLAGE
    OF
    WOODLAWN,
    )
    Petitioner,
    v.
    )
    PCB 75—266
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Dumelie):
    The Village of Woodlawn
    (Petitioner)
    filed
    a variance
    petition on July 7,
    1975.
    The Illinois Environmental Protection
    Agency
    (Agency)
    filed a Recoxnntendation to grant the variance
    on August
    8,
    1975.
    No hearing was held.
    Petitioner is a municipal corporation with a population
    of 310 and presently has no sewage collection or municipal
    treatment facilities. Village treatment consists primarily
    of septic tanks and tile fields.
    In addition, the Woodlawn
    public schools discharge after Imhoff treatment into a
    tributary of Rayse
    Creel: which joins the Big Muddy River
    above Rend Lake.
    Petitioner’s proposed treatment program will consist of
    a sewer system and ~ package contact stabilization plant
    with tertiary treatment.
    The effluent discharge from Petitioner’s
    proposed plant will he tributary to the Big Muddy River.
    The Big Muddy,
    in turn, flows into Rend Lake.
    Rule 203(c)
    of Chapter
    3 limits phosphorus concentration to
    0.05 mg/i
    in any reservoir or luke,
    or in any stream at the point
    where it enters into a reservoir or lake.
    The phosphorus
    concentration in the Bi~~
    Muddy River entering Rend Lake
    currently exceeds 0.05 mg/i.
    Thus Petitioner’s effluent as
    tributary
    to the Big Muddy River may not violate Rule 203(c).
    In addition,
    since the Big Muddy River has a 7-day,
    10 year
    average low flow of zero above Rend Lake, Petitioner’s
    effluent must meet water quality standards under Rule 402.
    Therefore, Petitione~is prohibited from discharging an
    effluent in excess of 0.05 mg/i phosphorus.
    Rule 404(f) of the Water Regulations provides that for
    discharges
    to streams with less than 1:1 dilution,
    the
    effluent shall not exceed
    4 rng/l of BOD and
    5 mg/i suspended
    solids.
    Petitioner seeks
    a Variance from Rule 404(f)
    as
    well as Rule 203(c)
    and 402.
    A Rule 404(f) (ii)
    “Pfeffer
    Exemption” procedure was submitted by Petitioner to the
    18
    574

    —2—
    Agency on June 24, i9~5,indicating that dissolved oxygen in
    the receiving stream does not drop below 6.0 mg/i and ammonia
    nitrogen does not exceed 1.5 mg/i.
    The Exemption,
    if granted,
    would allow a BOD ‘evel of
    10 mg/i and a suspended
    solid
    level of
    12 mg/i.
    Petitioner states in its Variance application
    that the estimated effluent from its proposed treatment
    facility would be no greater than
    10 mg/i BOD and 12 mg/i
    suspended solids.
    Petitioner has been given
    a priority number of 371 for
    its sewage treatment p’ant
    (STP)
    and 966 for its sewage
    collection system undei
    the federal grant program.
    Petitioner
    also qualifies for the State of Illinois Accelerated Grant
    Program.
    Petitioner s~.atesthat its completed treatment
    facility effluent ‘will have an average design flow of 0.035
    MGD,
    a BOD level of
    10 mg/i and a Suspended Solids level of
    12 mg/i.
    Petitioner’s situation in regards to the phosphorus
    standard
    is similar to other recent variance cases coming
    before the Board
    froir
    the Rend Lake area.
    In City of Mt. Vernon
    v. Environmental Protection Agency,
    (PCE 74-489),
    the Board
    granted a variance from Rules 203(c), 404(f)(ii)(a),
    (d)
    and
    (e)
    of Chapter
    3 as they pertain to phosphorus.
    The variance
    was conditioned upon construction of advanced phosphorus
    removal techniques when such techniques became practicable.
    In both Village of Argenta v. Environmental Protection
    Agency,
    (PCB 75-l82~,and Village of Cerro Gordo v. Environmental
    Protection Agency,
    ~PCB 75-183), the Board conditioned
    ~iariancesupon the design and construction of treatment
    plants to allow for possible future installation of phosphorus
    removal facilities.
    The Board’s reasoning in the instant
    case is consistent with its approach in the aforementioned
    cases.
    Rend Lake
    is phosphorus-limited and phosphorus removal
    in the future may be reguired.
    Until more research is performed,
    we had best prepare for this r~quirement.
    Petitioner has alleged in its petition that immediate
    compliance with the Rule 203(c) phosphorus limit of 0.05
    mg/i is technically infeasible and economically impracticable.
    The Agency Recommendation notes that technology is available
    to reach
    a treatment level of
    1 mg/i.
    The necessary equipment
    would be eligible for grant funding. Petitioner has neglected
    to allege the cost of phosphorus removal equipment.
    However,
    the Agency states in its Recommendation that,
    data presented
    in the Cerro Gordo and Argenta cases indicates that operation
    and maintenance costs would increase the average monthly
    user charge by over 50.
    18
    575

    —3—
    Petitioner has presented data in the cost of two alternative
    disposal methods,
    that of land application and diversion eight
    miles
    to another water
    shed.
    The Agency indicates in its
    Recommendation that given the local soil quality and the
    small size of the ViLLage these methods would be not feasible or
    prohibitively expeflsive.
    The Agency further states, that
    given the Petitiont~rspopulation of 310,
    and the relative
    quantities of phosphorus measured in the Big Muddy River
    upstream of its entry into Rend Lake,
    the Petitioner’s
    phosphorus effluent has a minimal impact on the lake.
    The Board finds that based on Petitioner’s financial
    capacity,
    its proposed treatment facilities,
    the economics
    of alternative disposa)L methods, and the minimal impact of
    Petitioner’s discharge upon Rend Lake,
    the Petitioner would
    suffer an arbitrary and unreasonable hardship if required to
    vachieve compliance with Rule 203(c), 402 and 404(f)
    at this
    time.
    A variance
    frc~’nRule 404(f) may not actually be needed
    here as R74—l7
    (July 17,
    1975), amending Rule 409 of the
    Water Regulations extends the Rule 404 compliance date for
    municipalities and sanitary d1istricts eligible for construction
    grants under the Federal Water Pollution Control Amendments
    of 1972,
    from December
    31, 1974 to July
    1,
    1977.
    However,
    under the Pfeffer Exemption proáedure,
    all water quality
    standards deadlines which have not been extended, must be
    complied with before the 404(f) (ii) exemption may be granted.
    To meet this difficulty and clarify Petitioner’s position,
    the Variance from Rule 404(f)
    is granted.
    The Petitioner in a letter received by the Board on
    August
    13,
    1975 has requested a “permanent” variance.
    No such
    authority exists for the Board to do so and the proper method
    would be
    in the forthcoming regulatory proceeding which the
    Agency indicates it w2ll be initiating.
    Because Petitioner
    will be required to obtain an NPDES permit,
    t.he Board may
    grant
    a variance for up ‘~oa five year period.
    The Board
    has determined that Petitioner should be granted a variance
    until July
    1,
    1977.
    This opinion constitutes the Board’s findings of fact
    and conclusions of
    law.
    18
    576

    —4—
    ORDER
    The Pollution Control Board hereby grants the Village
    of Woodlawn a variance from July
    1,
    1975 toJuly
    1,
    1977 from
    Rules 203(c),
    402, and 404(f)
    subject to the following conditions:
    a.
    The sewage treatment plant shall be designed and con-
    structed to allow for the possible future installation of
    appropriate phosphorus removal facilities, and
    b.
    Within
    35 days after the date of the Board Order herein,
    the Village of Woodlawn shall execute and submit to the Manager,
    Variance Section,
    Division of Water Pollution Control,
    Illinois
    Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois 62706,
    a Certification of Acceptance and agreement to
    be bound to all terms and conditions of the variance.
    The form
    of said certification shall be as follows:
    CERTIFICATION
    I
    (We), ___________________________having read and fully
    understanding the Order of the Illinois Pollution Control Board
    in PCB 75-266 hereby accept said Order and agree to be bound by
    all terms and conditionr~thereof.
    Signed _______________________________
    Title _______________________________
    Date ___________________________________
    IT IS SO ORDERED.
    I, Christan L. Mcffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above 0 inion and Order
    were adopted on the
    ______
    day o
    1975 by
    a
    vote of
    ,3_~
    Christan L. Moff
    lerk
    Illinois Pollution
    ntrol Board
    18
    577

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