ILLINOIS POLLUTION CONTROL BOARD
May 17, 1973
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AURORA SANITARY DISTRICT
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v.
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PCB 73-11
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ENVIRONMENTAL PROTECTION AGENCY
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OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)
Petitioner requests a variance from Rule 1002(b) (iii) of the
Water Regulations which requires that where compliance with effluent
standards is required at a date later than December 31, 1973, a
Project Completion Schedule must be filed by December 31, 1972.
Hearing was held on March 5, 1973.
The District owns and operates a sewage treatment plant located
in Aurora. The present plant was designed to provide secondary
treatment for an average flow of 32 ingd of which 10 mgd is treated
in the trickling filter and 22 mgd is treated in the activated sludge
plant. The effluent from those
two
processes is then combined,
chlorinated and discharged to the Fox River which affords a dilution
ratio of less than 5 to 1 but greater than 2 to 1.
Pursuant to Rule 404(c) (ii) of the Water Regulations, the
District must comply with the effluent standard of 10 mg/i BOD and
12 mg/i suspended solids by December 31, 1974. Therefore, their
Project Completion Schedule was due by December 31, 1972.
The District claims that it is unable to file the Schedule yet.
The “modification or additional controls” required to be described
in the Schedule cannot reasonably be determined until such time as
a decision has been made as to the geographic area to be served by
the District. There is now pending proposed annexations to the District
of a large area of land east of the City of Aurora in the southwester
area of DuPage County, most of which is in Region 8 of the DuPage
County Regionalization Plan. This area has been included in the
engineer’s estimate of anticipated population growth of the District.
Hearings have been held before the Board and the matter is presently
under advisement.
The District has applied for Federal and State construction
grants. Those applications are based upon projections of the popula-
tion of the District including Region 8. They have not been approved
yet. The District asserts that the engineering plans and specificatijn~
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cannot be finalized until a determination is finally made as to the
total needs of the District.
The Agency’s recommendation states that the District has a his-
tory of compliance and is presently in compliance with existing
effluent standards. The Agency believes that the sole reason for
the District’s inability to file a Schedule is due to the uncertain-
ties of regionalization, The Agency recommends a grant of the varianc
from Rule 1002(b) (iii)
The Board expects to decide the regionalization matter within
the next few months. Variance is granted from Rule 1002(b) (iii)
for the period from January 1, 1973 to December 31, 1973, subject
to the following conditions:
(a) That within 90 days after receipt of a final and
approved DuPage County Regionalizatiori Plan the
District will submit their Project Completion Sche—
dule; and
(b) If an extension is needed to this variance, it be
applied for at least 90 days prior to expiration.
This opinion constitutes the findings of fact and conclusions
of law of the Board.
IT IS SO
ORDERED.
I, Christan L. Moffett, Clerk of the Pollution Control Board,
certify the above Opinion and Order was adopted on the /
74
day
of May, 1973, by a vote of ~ to
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