ILLINOIS POLLUTION CONTROL BOARD

May 10, 1973

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METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO

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v.

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PCB 73-69

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ENVIRONMENTAL PROTECTION AGENCY

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OPINION AND ORDER OF THE BOAku (by Mr. Dumelie)

This is a petition for an extension of the variance that

we granted to The Metropolitan Sanitary District of Greater Chicago

(MSD) on May 23, 1972 from Rule 404(f) of the Water Regulations

(PCB 72-110). No hearing was held. The facility involved is their

East Chicago Heights Sewage Treatment Plant. Rule 404(f) requires

that no effluent whose dilution ratio is less than one to one shall

exceed 4 mg/l BOD and 5 mg/i suspended sOlids after December 31, 1973.

That variance was granted only until May 23, 1973 subject to exten-

sion to May, 1974 upon proof of satisfactory progress and subject

to the following conditions:

1) MSD shall file a timely project completion schedule

for the program of plant abandonment and shall diligently

pursue that program;

2) MSD shall so operate its facilities as to achieve as

good an effluent as is practicable;

3) Within 35 days after receipt of this order MSD shall

post a bond in the amount of the cost of the abandonment

program not yet incurred, to assure its completion;

4) MSD shall file quarterly reports with the Agency, the

first to be filed within 35 days after receipt of this order.

On September 26, 1972, we modified that order so that the completion

date to be stated in the bond would be September 20, 1974, and the

amount of the bond would be $500,000.

The Agency, in its recommendation, believes that MSD has

substantially complied with the above conditions and has shown

satisfactory progress so as to justify the extension of the

variance.

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In addition to the 404(f) variance, the original order also

granted a variance from Rule 404(b) until November 23, 1972.

The Agency, in its recommendation does not believe.that MSD has

fully complied with the conditions of that variance but notes that

since November 28, 1972, all plant flows are being directed to the

newly constructed aerobic lagoon except for storm bypass flow which

is being diverted directly to the final quiescent lagoon. Though

the 20/25 standard of 404(b) has not yet been met, the Agency

believes that MSD has displayed commendable diligence in complying

with the Board’s order.

The Agency recommends granting the extension of the 404(f)

variance subject to the following conditions, to which we agree:

1) That MSD shall continue to file quarterly reports with the

Agency; and

2) That MSD operate its plant in such manner as to comply with

the standards of Rule 404(b), or else file a petition for

variance from 404(b) and be granted such variance.

We will add the condition that the bond shall continue in. force

and effect but shall be reduced to $200,000. This extension is

until May 23, 1974.

This opinion constitutes the Board’s findings of fact and

conclusions of law.

IT IS SO ORDERED.

Mr. Seaman did not participate in the discussion or decision.

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

Board, hereby certify the above Opinion and Order were adopted on the

/e7’day of May, 1973 by a vote of

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C ristan L. Moffett/~fferk

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Illinois Pollution ifitrol Board

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