ILLINOIS POLLUTION CONTROL
    bOARD
    October
    16,
    1975
    CTS KNIGHTS,
    INC.
    and CITY OF FAIRBURY,
    ILLINOIS,
    JOINT PETITIONERS,
    )
    v,
    )
    PCB 75—348
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Joint Petition for variance was
    filed
    on September
    5,
    1975
    by
    CTS
    Knights,
    Inc.
    (CTS)
    and the City
    of Fairbury
    (City).
    The
    Petition
    asks to allow
    a proposed new industrial building to be
    connected
    to
    the City sewage collection system which is under
    an
    Agency sewer ban
    placed into effect January
    22,
    1974.
    A recommendation was
    filed by the Agency on October
    6,
    1975.
    No
    publ:Lc
    hearing was held.
    On October 14,
    1975 CTS filed a
    reply to the Agency recommendation.
    On October
    9 the Board
    was asked by CTS to make
    an expedited ruling
    in this cause.
    On
    Oceober
    15
    the Agency filed a reply to CTS.
    And on October 16
    CTS filed
    additional statements,
    CTS
    is
    an Illinois corporation with
    its
    principal business
    office
    in
    Sandwich,
    Illinois,
    The operation in Fairbury
    is in
    leased
    space
    and
    emp1oy~50 persons
    in the manufacture of
    quartz crystal blanks
    and related products which are used as
    components
    in
    electronic circuits, communication and data
    processing
    equipment.
    Expansion is
    desired
    into a new plant
    tc employ 150 persons with operation to begin about January
    1,
    1976.
    In
    1977 employment would reach 250.
    The
    firm
    estimates
    its
    monthly
    water
    discharge
    at
    80,000
    gallons
    (about
    4,000
    gpd)
    consisting
    of
    75,000 gallons of
    sanitary waste
    and
    5,000
    gallons of decanted liquid from the
    aluminum oxide
    and
    quartz
    crystal
    settling
    process.
    The alternatives
    to discharging to the sewer system are
    iven as:
    19—
    108

    —2--
    Four month capacity holding lagoon
    $35,000
    Septic system
    $75,000
    Tank truck
    removal of waste water
    $70,000
    Relocation to Forrest, Illinois was rejected because of the
    lack of
    available space for lease.
    Relocation to Wisconsin or
    Ohio would cost CTS $80,000 plus $75,000 in unemployment compen-
    sation charges for a total of $155,000.
    Fairbury has a population of 3,500 and is located
    20
    miles
    from Pontiac.
    The sewage treatment plant
    is a trickling
    filter
    secondary treatment plant with the usual equipment.
    Its
    capacity
    is given as 750,000 gpd with primary treatment only
    available for an additional 250,000 gpd.
    The City’s
    sewer
    system is
    a combined storm and sanitary system with eight
    overflows to
    Indian
    Creek which joins the south branch of the
    Vermi:Liion River
    3.5 miles downstream.
    Pumping capacity is in-
    adequate and raw or partially-treated sewage is discharged during
    storms.
    The Petitioners
    state that the biological condition of
    Indian
    Creek changes from “unbalanced” upstream of the sewage
    treatment
    plant to “semi—polluted”
    at the plant and “unbalanced
    non-polluted”
    at
    the
    confluence with the Vermillion.
    Farms
    border Indian
    Creek below the sewage treatment plant and it
    is not
    used as
    a water supply.
    The City’s voters approved on July 15,
    1975 a bond issue
    of
    $425,000 to solve their sewage treatment problems.
    An
    additional $50,000 has been committed by the City to acquire
    land for the
    expansion project.
    The
    sum of $1,281,100 has been
    offered to the City and accepted by it as the State’s 75
    share
    of
    a total
    project eligible cost of $1,708,100
    (Exhibit
    5).
    Completion
    of the
    sewage treatment project is expected in late 1977.
    The
    arbitrary and unreasonable hardships to the Petitioners
    which would
    occur were the subject variance not to be granted are
    alleged
    to
    be
    large monetary losses to CTS
    in leaving Fairbury;
    increased unemployment to City residents~and lost revenues to
    the City.
    The Agency,
    in
    its Recommendation, corroborates the
    Petitioners
    flow figures.
    It places present employment at
    35
    persons
    and says nothing about the 250 person employment figure
    estimated
    in the Petition for 1977.
    Eleven
    overflows to Indian Creek are given by the Agency
    compared
    to eight overflows
    cited by the
    Petitioners.
    The Vermilliori
    .R~reris given as
    the public
    ~caeer supely
    for the City of Pontiac
    ~hi~h
    is said to be
    10
    to
    12
    mies
    downseream.
    The October 15
    Oocument filed
    by the Agency
    also
    lists
    the
    City of Streator
    as using the
    Vermillion River for a
    public
    water supply.
    Streator
    is about
    20 miles further downstream from Pontiac.
    19— 109

    —3—
    The sewage treatment plant’s rated
    capacity is 300,000
    qpd and flows in
    excess of 715,000 gpd crc diverted to Indian
    Creek.
    Bypassing of raw sewage
    occurred on
    67 days in the first
    six months of
    1975,
    “Settled” effluent
    (presumably primary
    treatment effluent)
    was bypassed 108 days
    in
    the same period.
    The Agency gives its opinion that the City’s
    sewer system
    cannot handle any new
    connections that would increase
    hydraulic
    loading.
    it
    believes that the overflows and bypassing
    are intermittent
    enough to make retention feasible on the Petitioners’
    part.
    The stream conditions cited by the
    Petitioners are verified
    by the Agency.
    Sludge
    deposits
    in Indian Creek during dry weather
    flows are noted.
    The grant
    status is given as follows:
    Step
    I
    grant accepted by the City on April
    2,
    1975;
    supplemental Step
    I
    grant accepted on July
    25,
    1975;
    completed plans for Step
    II due
    January
    31,
    1976;
    and plant completion due December
    31,
    1977.
    The Asrency recommends
    a denial unless an acceptable
    method of storing
    or treating the wastes is provided so as not
    to violate
    applicable Rules.
    The CTS reply of
    October 14,
    1975 gives the new operational
    date for the factory
    as February
    1,
    1976 instead
    of January
    1,
    1976.
    It ailec~es that “through natural cleansing
    processes” Indian Creek
    recovers at its confluence with the Vermillion and that
    the
    additional wastes
    would create
    a negligible effect.
    CTS discusses toe urgency
    to enter fully the cyclical
    citizen band crystal
    manufacturing market and the reasons for
    its request for an
    expedited Board decision.
    It has
    a large
    order which must be filed
    by March
    31,
    1976.
    The Board must balance the need
    for this additional
    employment to the City of Fairbury
    (and indeed to Illinois)
    and
    the evidently excellent time
    to
    enter the
    crystal market with the
    environmental effects
    of additional raw sewage to Indian Creek.
    We agree that additional employment
    is
    badly needed in
    Fairbury and
    In the State.
    And if the market
    is as
    favorable
    for entry as CTS alleges
    it would seem that
    a
    modest expenditure
    for retention could be incurred,
    Raw sewage,
    as
    is well
    known,
    carries with it enteric
    organisms.
    Such illnesses
    as cholera,
    typhoid, polio, dysentery, hepatitis,
    shigella, and
    salmonella,
    can be spread by contact
    with raw sewage.
    The fact that Indian
    Creek seems to recover biologically
    tells
    us nothing of the
    pathogenic bacterial
    and viral content of the water.
    And 10-12
    miles downstream
    is the public supply intake of the
    City of Pontaic
    cccl
    below this
    is the intake of the
    City of Streator.
    No qualified
    canitarv engineer has given an opinion
    in this case on possible
    cr~eci
    ~.
    tealt~’
    hazards to
    l~’ci~ac and
    Etreator
    or to persons using
    ens Ver:
    iiion River,
    19—

    —4—
    Normally,
    we would remand this proceeding for a hearing
    in which to
    develop additional
    facts.
    Time is short according
    to CTS
    arid thus we
    will grant the variance conditional upon at
    least four days liquid
    waste storage being provided and
    utilized during
    rains.
    The record gives no reason for the
    choice of “four months storage”
    for the proposed lagoon
    alternative.
    Should
    wet weather continue such that overflows
    occur after
    four days, CTS will have to take other action to
    prevent discharges to the sewer system.
    This Opinion
    constitutes the Board’s findings of fact and
    conclusions
    of law,
    Mr. Young
    abstains.
    ORDER
    Variance is
    granted to CTS Knights, Inc.
    and
    to the
    City of Fairbury from Rule
    962 of the Water Pollution Regulations
    to connect a
    proposed industrial building to the Fairbury sewer
    system provided
    that at least four days wastewater storage
    (16,000
    gallons) shall be installed and used during rainfall
    periods with flow
    to the sewer system being made no less than
    24 hours after
    cessation of rain.
    However,
    if
    overflows are
    still occurring
    from the sewer system to Indian Creek, then CTS
    shall take
    whatever alternative action is necessary to avoid
    discharges
    to the sewer system until such overflows cease.
    IT IS
    SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Boar~
    hereby certify the above Opinion and Order were adopted on the
    J~day
    of October,
    1975 by a vote of
    ~3..
    p
    Christan L,Th1offe~
    ,
    erk
    Illinois Pollution
    trol Board
    19—
    111

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