ILLINOIS POLLUTION CONTROL

BOARD

February 6, 1973

AUROPA SANITARY DISTRICT

v.

)

PCB 72—276

ENVIRONMENTAL PROTECTION AGENCY

INTERIM OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)

This is a petition for variance from Rule 407 (b) regulat-

ing phosphorus in effluent and Rule 1002 (b) (1) providing for

an implementation plan, of the Illinois Water Regulations.

Hearing was held on September 12, 1972. We have received an

indefinite waiver from Aurora.

Upon reviewing the transcript, we find certain inadequacies

which must be corrected in order for us to render a final decision

in this case. One essential factor in the case is the exact

extent of the algae problem in the area of the Aurora plant,

especially downstream. The only evidence so far in the record

are certain visual observations made by Sanitary District and

Agency personnel. Reference was made

(

R. 78) to the Illinois

Water Survey algae study in the Fox River by Mr. Evans. We

would want that study to be made a part of the record and also

any information available from the Illinois Water Survey on new

algae counts during 1972. It was also indicated

(

R. 14, 29)

that an application for the proposed sewage treatment plant is

pending before NIPC and that there is a chance that NIPC may

reject the project altogether. We would want an updated report

on that situation. One of the problems raised by Aurora is the

operating cost of interim phosphorus removal. At earlier Board

phosphorus hearings (R70—6) the use of pickle liquor was sug-

gested as one means of phosphorus removal. We would want to see

Aurora explore this point also (see R70—6, Oct. 16, 1970, R. 122).

Because of the foregoing inadequacies, we will remand this

case for further proceedings during which the record can be

completed, We would suggest that the necessary facts be collected

and presented at another hearing to be arranged by the parties.

I, Christan L. Moffett, Clerk of the Pollution Control Board,

certify that the ~oard adopted the above Interim Opinion and Order

this ~k~’ day

Of

_________,

1973, by a vote of

,~

to

(.)

7

—

23