ILLINOIS POLLUTION CONTROL BOARD
    March
    22,
    1973
    )
    VILLAGE OF SAUGET
    )
    )
    )
    PCB
    72-396
    v.
    )
    PCB 72-407
    )
    )
    ENVIRONMENTAL
    PROTECT ION
    AGENCY
    )
    )
    SUPPLEMENTAL
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Dumelle)
    On February
    6,
    1973 we entered an order granting Sauget
    a
    variance from Rule 404(a)(i)
    of the Water Regulations.
    On
    February 14,
    1973 we entered
    a further order
    in the case wherein
    we also incorporated
    the February
    6 order.
    On February
    20,
    1973 we received
    a Motion for Reconsideration by Sauget requesting
    variances from additional Rules
    claiming that their intent was
    to request variances
    from those Rules
    originally.
    One of the additional requests
    for variance is from Rule
    404(h)(i).
    The main difference between
    404(a)(i)
    and 404
    (b)(i)
    is
    that 404(a)(i)
    applies
    to sources whose untreated waste
    load
    is
    less
    than
    10,000 population equivalents while 404(b)(i)
    applies
    to
    sources
    of 10,000 population equivalents
    or more.
    We
    do find that the untreated waste
    load at Sauget
    is
    more
    than
    10,000 population equivalents and therefore Rule 404(b) (1) applies.
    We will grant the request for the same reasons we gave for
    granting the variance under 404(a)(i).
    Since 404(a)(i)
    is not
    really applicable here,
    that variance is
    dissolved.
    The Village also requests variances from Rules
    404(c) and
    404(f)
    if applicable.
    Rule
    404(c) applies only where
    the
    dilution ratio
    is
    less
    than five
    to one.
    Rule
    404(f) applies
    only where
    the dilution ratio
    is
    less
    than one
    to one.
    Since
    the Sauget dilution ratio is greater
    than five
    to one,
    these
    rules
    do not apply
    and therefore no variance is necessary.
    The Village also requests a variance from Rule
    408 which sets
    effluent limitations for numerous metals and other contaminants.
    There
    is insufficient
    evidnece
    in the record, however,
    for us
    to
    rule
    on
    this point.
    We would need to know more about which
    7
    —
    371
    of
    those
    contaminants
    actually
    do
    appear
    in
    the
    effluent
    and
    also
    something
    about
    their
    concentrations
    in the river
    in
    the
    area
    of the
    discharge.
    Finally,
    the
    Vi Ilage
    reques ts
    a
    variance from Rules
    92 1
    and
    1002
    which
    require
    that
    a
    Proj
    ect
    Coinp loti
    on
    Schedule
    be
    approved
    by
    the
    Agency
    before
    the
    Agency
    can
    issue
    a
    permit.
    The Agency
    in
    its
    recommendation
    takes
    the
    pos ition
    that
    coni~
    pliance
    with
    those
    rules
    would
    impose
    an arbitrary
    and
    unreasonable
    hardship
    because
    it
    would
    :impose
    a
    further
    delay
    in beginning
    construction
    of
    the
    improved
    sewage
    treatment
    facilities
    and
    therefore
    a
    variance
    should
    be
    granted.
    he
    agree
    Wi th
    the
    Agency
    and
    will
    allow
    the
    variance.
    IT
    IS
    SO
    ORDERED.
    I,
    Christan
    L. Moffett,
    Clerk of the
    Illinois Pollution
    Control
    Board, hereby certify the~ahoveSupplemental
    Opinion
    and Order was adopted on the ~
    ~ day of March, 1973 by
    a vote
    of
    ___
    _________
    ~
    ~istanL.~1offtt,(lerk
    Illinois
    Pollution
    Control
    Board
    7
    —
    372

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