ILLINOIS POLLUTION
    CONTROL BOARD
    February
    22,
    1984
    IN
    THE
    MATTER OF:
    PETITION
    OF
    THE
    CITY
    OF
    LOCKPORT
    )
    R83—19
    TO AMEND REGULATIONS PERTAINING
    TO
    WATER POLLUTION
    PROPOSED
    RULE,
    FIRST
    NOTICE.
    PROPOSED OPINION OF THE BOARD
    (by W.
    J.
    Nega):
    This Proposed Opinion
    is
    in support of the Proposed Rule in
    R83-19 which was adopted
    for first notice by the Board
    on Decem-
    ber 29,
    1983.
    This matter comes before the Board on the City
    of Lockportts
    Petition to Amend the Board~sWater Pollution Regulations
    (Pet.)
    which was
    filed on September
    14,
    1983.
    The City of Lockport
    (Lockport),
    which discharges
    its
    final
    effluent into
    a 3.7 mile
    long, man—made receiving stream known as
    Deep Run Creek,
    is requesting
    the addition of a new section
    designated as
    35 Ill.
    Adm. Code 304,108
    to allow a site—specific
    exemption from the existing
    10 mg/i BOD~and
    12 mg/i total sus-
    pended solids
    (TSS)
    effluent standards
    6f
    Section 304.120(c)
    for
    discharges from Lockport~ssewage treatment plant
    (STP)
    into Deep
    Run Creek
    in Will County,
    Illinois
    in order to reduce the cost of
    proposed improvements to its STP.
    Lockport is requesting a
    less
    stringent standard of 20 mg/i BOD~and 25 mg/i of TSS to apply to
    its discharges
    into Deep Run Creek.
    Additionally, Lockport
    requested that the provisions
    of Section 302.206
    (General Use
    Water Quality Standards for Dissolved Oxygen)
    and Section 302.212(b)
    (General Use Water Quality Standards for Ammonia Nitrogen and
    Un-ionized Ammonia)
    ~shall not apply to said discharge”, provided
    certain conditions are met,
    A hearing on the merits of this regulatory proposal was held
    in Lockport,
    Illinois on November
    10,
    1983
    at
    which members
    of
    the public and the press were present.
    Eight witnesses testified
    at this hearing and 18 exhibits were admitted into evidence.
    The
    initial public comment period and record
    in the instant proceed—
    ing closed on December 12,
    1983,
    56-255

    —2—
    On November
    30,
    1983, Lockport filed
    a Motion for Decision
    which requested expedited consideration of
    its
    proposed
    site—
    specific regulation
    to help the
    city
    in
    its
    attempt
    to
    obtain
    a
    75
    Federal grant to fund
    improvements in its sanitary sewers and
    STP.
    The Board has already complied with
    Lockport’s request for
    expedited action by adopting the Proposed
    Order for first notice
    on
    December 29,
    1983.
    On December
    8,
    1983, Lockport filed
    its written Comment in
    response to the Hearing Officer’s request
    for additional inform-
    ation on
    the applicability of Federal
    regulations.
    On
    December
    13,
    1983,
    the Agency filed
    its written
    Comments
    in
    support of the
    requested site—specific
    amendment
    and
    suggested various changes
    in
    the proponent’s proposed order,
    On
    December
    14,
    1983,
    Lock—
    port
    submitted
    a
    letter
    to
    the
    Board
    which
    indicated
    that
    Lock-
    port had
    “no
    major
    objection
    to
    the
    Agency’s
    proposed
    language
    changes” in
    the
    suggested order,
    The
    Illinois
    Department
    of
    Energy
    and
    Natural
    Resources
    (DENR)
    made
    a
    finding
    that
    an
    economic
    impact
    study
    on
    the
    regulatory
    proposal
    in R83—19
    is
    not
    necessary
    and
    issued
    a
    “negative
    declaration”
    of
    economic
    impact.
    The
    Economic
    and
    Technical
    Advisory
    Committee
    (ETAC)
    has
    concurred
    in the DENR’s
    finding
    that
    no
    economic
    impact
    study
    is
    necessary.
    The
    public
    hearing
    requirements
    of
    Section
    27
    of
    the
    Illinois
    Environmental
    Protection
    Act
    (Act)
    being
    satisfied,
    the
    Board has adopted the
    proposed
    rule for first notice.
    The
    City
    of
    Lockport,
    which
    has
    a
    population
    of
    approxi-
    mately
    10,000
    people,
    is
    located
    near
    the
    Chicago
    Sanitary
    and
    Ship
    (S
    & 8) Canal
    on the banks
    of
    the
    Illinois
    and
    Michigan
    (I
    &
    N) Canal
    in Will County,
    Illinois.
    Although
    there are separate
    sanitary sewers
    in the northern and eastern portions
    of Lockport,
    portions
    of the sewer system that
    serve
    as
    combined
    sewers
    in
    the
    central part of Lockport were built over 100 years
    ago.
    (Pet.,
    par.2).
    Lockport operates a treatment
    facility
    which was built
    in
    1970
    and
    has
    a
    design capacity of 2.0
    million gallons per day
    (gpd).
    This
    treatment
    plant,
    which
    is
    located between the I
    & N
    Canal and
    the
    S
    & S Canal and discharges
    into Deep Run Creek,
    is
    a
    contact
    stabilization
    modification
    of
    the
    activated sludge
    secondary
    treatment
    process.
    Comminution,
    sewage
    pumping,
    and
    aerated
    grit
    chamber,
    rectangular
    primary
    settling tanks, dif—
    i~usedaeration basins,
    retangular
    final
    settling
    tanks,
    sludge
    drying
    beds,
    and chlorination aerobic
    and
    anaerobic
    digestion
    are
    some of the process units included in
    this
    facility.
    Deep
    Run
    Creek, which drains
    a basin of
    less
    than
    I square mile between
    the
    I
    & N
    Canal
    and the S
    & S Canal,
    empties
    into
    the
    the
    S
    &
    S
    Canal below the Lockport locks
    (approximately
    I
    mile
    below
    the
    treatment plant discharges),
    Deep
    Run
    Creek receives overflow
    from the I
    & N Canal
    at its headwaters and from the S
    &
    S Canal
    56-256

    —3—
    via several
    infiltration points.
    flelow the Lockport treatment
    plant,
    Deep Run Creek
    is inaccessible
    For
    public use and
    is
    bordered
    on one side by the Santa Fe
    Railroad’s tracks and on the
    other
    side
    by the
    S
    &
    S Canal embankment.
    The stream is
    about
    80
    feet wide and
    1 foot deep
    downstream of the Lockport plant and
    flows over
    a limestone bedrock substrate with practically no
    canopy cover.
    (Pet,,
    ¶2-4).
    The City of Lockport has a history
    of environmental problems
    reatjnc~
    i-n
    its
    59’P,
    Tn
    1979,
    a group of
    concerned
    local resi-
    dents
    filed
    a Complaint
    with the Board
    in PCB 79—28 which alleged
    that Lockport’s sewer system was inadequate and
    complained about
    individual problems
    with
    sewer and basement hack-ups.
    (Ex.
    2).
    The Board ordered Lockport to
    “abate” pollution,
    and to proceed
    with
    the
    grant process to
    upgrade
    its sewage system.
    (Citizens
    Concerned for the Qualiti of Life
    in the
    Lo~pprt Area
    ~
    City of
    Locku~t, PCB 79—28,
    May
    15,
    1980,
    Exhibit 2).
    Lockport subse-
    quently
    issued non—referendum general obligation
    bonds to finance
    the design work for improvements
    at the treatment plant and for
    the sanitary
    sewers
    to
    abate
    pollution.
    (R.
    20).
    On
    June 30,
    1983,
    the Board granted Lockport
    a variance
    in
    PCB 83-38
    until March
    1,
    1988 from
    the water quality standards
    of
    35
    Ill.
    Adm,
    Code 304,105 pertaining
    to dissolved oxygen
    (Section
    302,206) and ammonia nitrogen
    (Section 302.212(h))
    subject
    to the
    CC)flditiOfl
    that Lockport
    meet
    a specified compliance schedule for
    completion of design work for
    treatment
    plant and sewer system
    improvements he Fore beginning actual construction by September
    1,
    1984.
    (City
    of ~kort
    v.
    I.E~P.A.,
    PCB 83—48, June 30,
    1983.).
    Lockport
    presently
    intends
    to
    expend $2,115,000 in basic
    improvements to the treatment plant and
    $1,901,000
    in sewer
    system
    improvements.
    (Pet,,
    6).
    However,
    to comply with the
    deoxygenat~ngwastes
    (10/12 mg/i;
    E3ODr/TSS)
    requirements
    of
    35
    Ill..
    Adm. Code 304.120(c),
    Lockport
    mCIst expend an additional
    $775,000 on a filtration
    unit,
    and
    to comply with ammonia
    nitrogen discharge requirements, Lockport must expend $890,000
    capital cost plus $60,000 per year
    in operating costs
    for a
    nitrification
    unit,
    (R.
    109).
    Lockport believes these last two
    expenditures
    will produce no measurable environmental benefit and
    requests site-specific relief,
    Because the treatment needs and
    environmental controls for deoxygenating wastes are separate from
    those for ammonia nitrogen,
    they
    will be discussed separately.
    DEOXYGENATING WASTES
    Deoxygenating waste discharges by Lockport are controlled
    under
    two provisions of
    35
    Iii.
    Adm.
    Code:
    Section 304.120(c)
    and
    Section
    30~.206. SectLon 304.120(c)
    requires Lockport’s
    e~luent
    to
    m~et a
    I0/~2
    mg/I,
    BOD5/TSS
    standard.
    Section
    303L206,
    56-257

    .-4—
    in
    conjunction
    with
    Section 304,105, requires Lockport’s effluent
    to not
    cause
    dissolved
    oxygen
    (0,0,)
    levels to fall below
    5.0
    mg/i ever,
    or fall
    below
    6.0
    mg/I
    during 16 hours of any
    24
    hour
    period.
    Lockport
    is not currently meeting the
    10/12 mg/i stan-
    dard
    (Ex.
    10,
    p.
    69)
    and
    Deep
    Run Creek
    is not meeting the 6.0/5.0
    mg/i D,O.
    minimums.
    (Ex.
    10,
    pp.
    33—35),
    Despite
    the
    c.ear
    0.0.
    violations
    on Deep Run Creek,
    it does
    not appear that Lockport~sdischarge contributes
    to the D.O.
    violations.
    First, there are significant 0.0. violations up-
    stream of Lockport’s discharge which are solely attributable to
    plant/algal respiration.
    (Ex.
    10,
    p.
    32).
    Second,
    it appears
    there
    is
    no measurable difference
    in 0,0.
    variation upstream of
    Lockport’s discharge
    compared to two downstream sampling points.
    (Ex.
    10,
    p.
    36).
    ~nd third,
    during
    periods
    of
    lowest upstream
    0.0.,
    Lockport’s effluent improves the downstream D.O.
    levels.
    (Ex.
    10,
    pp.
    34-35).
    Therefore,
    the Board finds that the facts
    presented in this proceeding
    do
    not demonstrate that Lockport is
    causing or contributing
    to 0.0.
    violations
    in Deep Run Creek.
    Since violation of
    a standard is
    a prerequisite to seeking site—
    specific relief
    (In the Matter of:
    The Petition of the Calesburg
    Sanitarl District to
    ~
    Re~1ations, R80-16,
    November 18,
    1983), Lockport
    is ineligible
    for that relief.
    Lockport did
    withdraw
    its
    request
    for relaxation of the 0,0.
    Standard.
    (R.
    187,
    P.C.
    #1).
    Lockport is violating
    the 10/12
    mg/i BODr/TSS limitation and
    must demonstrate
    that no significant environm~ntal impact will
    occur
    to seek relief from that limitation.
    Here, the only facts
    show that, during worst case 0.0.
    levels
    in Deep Run Creek, Lock-
    port’s discharges
    in fact improve 0.0.
    levels,
    (Ex,
    10,
    pp.
    34—35),
    Additionally, Lockport has
    denonstrated
    that
    compliance
    with
    the 10/12 mg/i
    BOD~,/TSS limitation
    will
    impose
    a
    significant
    burden.
    The
    terti~ry
    sand
    filters
    would
    cost
    around
    $775,000
    with
    estimated
    annual
    operating
    costs
    of
    $60,000.
    (R.
    109).
    T~ockport is
    presently
    experiencing
    financial
    difficulties
    in
    that
    city
    revenues
    are
    all
    declining
    and
    estimated
    costs
    for
    all
    sewer
    system
    and treatment plant improvements are over
    twice
    Lockport’s
    general
    obligation
    bonding
    authority
    limit.
    (R.
    19—20),
    For
    these
    reasons,
    the
    Board
    will
    grant
    Lockport’s
    request
    for
    a
    20/25
    mg/l,
    B005/TSS,
    limitation.
    AMMONIA_NITROGEN
    Lockport
    seeks
    relief
    from
    a
    1.5
    mg,/I
    ammonia
    nitrogen
    effluent
    limitation
    (Pet,,
    5)
    apparently
    imposed
    by
    the
    Agency
    because
    Deep
    Run
    Creek
    violates
    the
    ammonia
    nitrogen
    water
    qual-
    ity
    requirements
    of
    Section.
    302.21.2(h).
    Lockport’s
    discharges
    presently
    exceed
    1,5
    mg/i
    ammonia
    nitrogen
    (Ex.
    10,
    p.
    69),
    Deep
    Run
    Creek
    presently
    violates
    the
    ammonia
    nitrogen
    water
    quality
    standard
    of
    Section
    302.212(b)
    (Ex.
    10,
    p.
    3),
    and
    Lockport’s
    56-258

    discharges
    uause
    or
    contribute
    to those violations.
    (Ex.
    9,
    p.
    5).
    MLec~’er,
    nmo~ia water
    q~ality
    lovels
    would
    improve if
    Lockport ctdd~d .onplete nitrification.
    (Ex.
    10,
    p.
    5).
    LocKpOrc haS ~ t requested that the nwiericai
    provisions
    of
    Section 302.212 regarding ammonia ritrogen water quality be
    raised
    to higher numerical
    limits so that Lockport would
    not
    cause or contribute to violations of these higher numbers,
    Rather, Lockport requests that these water quality standards be
    made
    inapplicable
    to
    the discharge which causes
    them
    to
    be
    vio-
    lated.
    This
    the
    Bc ard
    cannot
    do,
    Section
    13(a)
    of
    the
    Illinois Environmental Protection
    Act
    (Act) requires the Board to adopt water quality standards and,
    pursuant
    to
    Section
    11(b)
    of
    the
    Act,
    to
    assure
    that no conta~-
    inants are
    discharged
    without
    the
    degree
    of
    treatment necessary
    to prevent violations
    of those standards.
    This
    process
    is
    iden-
    tical
    to
    the
    process
    in Sections 302,
    303,
    and 402(b)
    of
    the
    Federal Clean
    Water
    Act,
    made
    applicable
    to
    Illinois
    dischargers
    by
    Section
    11(b)
    of the Act,
    While the Board may have discretion
    in what
    those standards will be, there must be standards,
    and
    those standards must
    be applicable to
    discharges which would
    cause
    their
    violation.
    Presently,
    the
    least
    protective
    ammonia
    water quality
    stan—
    clard
    in II.linois
    is Section 302.4~)7 (Secondary Contact and Indi-
    genous Aquatic Life Standards).
    That standard requires ambient
    ammonia nItrogen levels
    to not exceed 2,5 mg/l
    from April
    to
    October,
    nor 4.0 mg/I from November to March.
    An
    evaluation
    of
    ammonia nitrogen levels
    in Deep Run Creek
    (Ex,
    9,
    p.
    13)
    shows
    even
    these
    relaxed
    standards
    would
    have been violated five
    times
    at
    sampling site
    J
    (1000
    ft. downstream of discharge, River
    Mile
    1,05)
    from November of
    1982 to July
    of
    1983.
    Upstream of Lock-
    port~sdischarge,
    Deep Run Creek consistently meets the more
    protective
    standards
    of Section 302,212.
    Lockport has provided evidence
    (Ex.
    9,
    Ex.
    10,
    R.
    44-84) by
    Mr. James
    B. Huff
    in an attempt
    to demonstrate that their present
    discharges do not harm aquatic life and that
    aquatic
    life
    would
    not improve even
    if
    the quality of ammonia nitrogen discharges
    improved.
    The Board need not and does not make any findings of
    fact concerning thi~issue,
    since the Board cannot by regulation
    approve specific
    dithcharqe concentrations that cause
    violations
    of
    water
    quality standards without revising those standards.
    Water quality standard revisions must be based on
    evidence that
    the requested levels will protect the present
    and future uses of
    the water body.
    Lockport. has not
    requested
    any
    specific
    standard
    for
    ammonia nitrogen in Deep Run Creek and
    the
    evidence
    is
    insuf-
    ficient
    for
    the
    Board
    to
    derive
    numerical
    limits
    on
    its
    own
    that
    would
    both
    protect
    present
    and
    future
    uses,
    and provide relief to
    Lockport.
    Consequently,
    Lockport~s
    request
    for site—specific
    regulatory relief from the ammonia nitrogen standards
    of
    Section
    302.212 on Deep Run Creek must be denied.
    56~259

    The
    Poar
    nc to’
    witn
    some
    e
    nce
    n
    the
    inconsistency
    of
    the
    Agency
    cot
    me
    ~Ytis
    matter
    fri
    rosponse
    to Lockport*s
    request
    that the 0 0
    Clat
    a
    ~ for De.p ~un Creek be modified
    to
    provide
    not
    less
    that ~
    mg/i for 16 of
    ~ny
    24 hours,
    the Agency
    stated:
    “~the~gency
    agrees that Lookport’s effluent
    standards
    oughtto be
    20 mq’l BOO and
    25 mg/i total suspended
    solids
    2
    ~
    and also ag:ees that some relocation of
    the present dissolved oxygen standard could be neces-
    sary.
    Howev~ Lockport’s
    language would leave
    the
    stream without a dissolved oxygen standard for eight
    hours of the day,
    a result that would be
    incompatible
    both with the Environmental Protection Act and the
    Clean Wacer Act,
    In addition there is nothing in
    the
    record to support a 0 mg/I dissolved oxygen
    standard.”
    (Rec,, p.2).
    However,
    the Agency supported the complete elimination
    of ammonia
    nitrogen standards for Deep Pun Creek by making them
    inapplicable
    to
    the discharge r~hichcauses their violation.
    (Rec.,
    p.
    4).
    In its written Comments
    ~ilec on December
    13,
    1983,
    the
    Agency has suggested modified language in the
    proponent’s original-
    ly
    proposed order
    ~‘o’
    (1)
    specifically identify the
    Lockport
    STP
    (to
    prevent
    inc u~on of other facilities
    that might be constructed
    later);
    (2)
    ~stchlrsh a dissolved
    ~xyqen standard in
    Deep
    Run
    Creek to match th~standard for secondary contact waters
    con-
    tained
    in
    35
    111.
    Adm.
    Code 302 ~05; and
    (3)
    eliminate the
    inclu-
    sion of
    the ford “significantly”
    in subsection
    (c)
    of the
    pro-
    posed order
    ~
    ‘o co~sistentwit!i Section
    12(a)
    of the Act.
    In
    a
    Decemoer ii, L
    i3
    Wetter rescnding
    to the Agency~s
    Comments,
    Lockport noted
    ttht
    it
    bad “no major objection”
    to these
    proposed
    changes.
    Accordingly,
    the Board will specifically
    identify
    the
    Lockport STP
    in its Proposed Order, hut
    finds
    the
    other suggested
    modification~unnecessary
    in light o~the current wording of the
    Board~s Prnponed D:’der.
    In evaluating the City of Lockport’s site-specific
    regulatory
    proposal,
    the Board
    finds that tb-~record demonstrates that a
    less stringent standard of
    20 mg/i BOD~and 25 mg/i total
    suspended
    solids
    t~’app ‘o~oniiteand envi ‘onnerta~lyacceptable for discharges
    from Lockpcr~
    S1~. into Deco ~lunCreek,
    I, Christ~nL.
    Moftetu, Clerb of the Illinois
    Pollution
    Control Board
    neresy certify that the above Proposed
    Opinion
    was
    adopted on the
    ~.
    ~~jday
    ~
    1984
    by a vote
    Christan
    L,
    E4offett, ~‘Wrk
    Illinois
    Pollution
    Control
    Board
    56-260

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