ILLINOIS POLLUTION CONTROL BOARD

January 31, 1972

NORTH 

SHORE

SANITARY DISTRICT

)

PCB 71—343

ENVIRONMENTAL PROTECTION AGENCY

Mr. Murray 

R. Conzelman and Mr. John R. Sloan appeared for the

North Shore Sanitary District

Mr. Richard Cosby and Mr. Thomas W. Scheuneman appeared for the

Environmental Protection Agency

Mr. Richard H. Kates appeared for the League of Women Voters

OPINION OF THE BOARD ~by Mr. Richard J. Kissel):

On November 2, 1971, the North Shore Sanitary District

(~‘District”) sought a variance from the Pollution Control Board

(“Board”) with regard to Paragraph 7 of the Board order in the

case of League of Women Voters, et al 

North Shore Sanitary

District, PCB 70-7, 12, 13 and 14. Paragraph 7 of that order

adopted by the Board March 31, 1971, provided as follows:

“The District shall not permit any additions

to present sewer connections, or new sewer connec-

tions, to its facilities until the District can

demonstrate to the Board that it can adequately

treat the wastes from those new sources so as not

to violate the Environmental Protection Act, or

the Rules and Regulations promulgated thereunder.”

The March 31 order also provided that the District was to use

all statutory powers available to raise funds.

The District’s variance petition alleged that its research

and investigation showed it could increase its capacity on an

interim basis at the Waukegan and Clavey Road plants. Through the

use of chemical additives at Waukegan, the District anticipates

that it can increase its capacity by 17,000 population equivalents

(P.E.). Relying on chemical additives and the new 18 mgd effluent

lagoon at Clavey, the District looks for a 10,000 P.E. effective

increase in capacity. The District then asks that the Board

561

allow connections to these two plants in an amount not to exceed

80 of the population equivalents made available. Upon receipt

of the variance, the District agreed to enact a connection fee

ordinance. The variance petition further alleged that the

existence of a sewer ban does and would continue to impose a

severe economic hardship within the limits of the District.

in its recommendation, the Agency asked that the District’s

petition be denied. The Agency questioned whether the District was

suffering the hardship required by the Act for the granting of a

variance. It pointed out that the hardship was actually upon those

prohibited from building due to the sewer ban. If the variance

were granted, the Agency indicated that it should not extend to

those areas served by sewers where overflows and surcharging are

presently occurring. The Agency agreed that if the District were

meeting the requirements of SWB-14 at Clavey Road and 3~B-7at

Waukegan by discharging an effluent of 20 mg/l of BOD5 and 25 mg/l

of suspended solids, it would have no objection to the grant of a

variance.

Upon the receipt of the petition, the Board entered a prelim-

inary order in this case. This order, dated November 23, 1971, direc-

ted that the League of Women Voters (the “League”) be joined as a

party to the variance proceedings, since the League was the party

that instituted the original enforcement proceedings, and directed

that the subject of screening at Water Street be made a matter for

the hearings in the instant case. The latter was added because

the Board’s implementation order in previous proceedings, dated

June 23, 1971, directed the District to undertake a study of the

economic and technical feasibility of the use of screening devices

at the Water Street sewer discharge. Further, the Board directed

that the hearings discuss the problem of bacterial and other con-

tamination from combined sewer overflows and plant bypasses. This

preliminary order of the Board thus expressly included within the

scope of the hearings the subject of bacterial discharges to Lake

Michigan, as well as the consideration of BOD5 and suspended

solids to which the District’s petition had addressed itself.

The League also responded to the variance petition and indi-

cated that it had no opposition provided several conditions were

met. Among such conditions, the League asked that financing be

assured before sewers were permitted to hook up, that no hookups

occur until the new additions which the District proposes to

install were in operation, that no additional b~.cterialharm be

created with the new hookups, that air pollution control at Clavey

continue, that the District show that it is in compliance with the

—

542

March 31 order of the Board, that building be restricted in those

areas of the District where sewers are shown to be inadequate,

that a manner of allotting hookups be indicated, and that there

be a limit on the number of hookups so that if the chemical

additives do not adequately perform further hookups be prohitibed.

BASIS OF PARAGRAPH SEVEN)

In order to understand the Paragraph from the March 31 order

from which the District seeks a variance, it is helpful to examine

the original Board opinion in the case of League of Women Voters,

et al v. North Shore Sanitary District, PCB 70-7, 12, 13 and 14.

The testimony received in that case established that each of the

District plants, with the exception of the Ravine Drive Plant,

had far exceeded its capacity, and therefore was incapable of

treating the sewage each received even to the degree for which the

plant was desiqned. (See page 4 of the opinion, March 31, 1971).

That opinion also detailed the deleterious effect which the over-

loading of the lakefront plants had upon the Lake, (See opinion,

pages 4-7). In order to avoid adding additional sewage to already

overloaded plants where it would receive little or no treatment,

the Board ordered the imposition of a sewer ban. This ban affected

not only extensions to existing sewer lines, but also individual

hookups to existing sewer lines. The Board found such an order

“imperative” in order to avoid the continuing threat of increased

water pollution and serve the purposes of the Envirqnmental Pro-

tection Act. (See opinion, page 16). The March 31 opinion also

pointed out sevgral alternatives were available to aid in alleviat—

ing

effects of the ban and cited that method which the District

proposes herein, the addition of chemical coagulants to 

increase

the effective capacity of existing secondary plants. (Opinion, p.l7).

THE CLAVEY ROAD PLANT)

The Clavey Road plant provides primary and secondary treat-

ment

of all wastes through the use of an activated sludge process.

(R. 61) Since the imposition of the March 31 order, the District

has attempted to abate air pollution from the Clavey site by the

addition of sodium hypochiorite into the sewer about 3 miles upstream

from the Clavey plant and at the influent chamber to the plant itself.

In the District’s judgment, such a program has been very successful

in inhibiting the decomposition of the sewage and thereby aidii~ig in

alleviating the air pollution problem. (R. 

62)

Two other facili-

ties have also been added to Clavey in 1971. The District com-

pleted its chlorination facilities and can now provide for pre-

chlorination ahead of the plant. (R. 63) In conjunction with this

—~543

variance application, the District also conducted a study to

determine the effect on the plant effluent of adding chemicals

and polymers and of using the new l8-mgd effluent lagoon at

Clavey. (R. 66) A plant scale test indicated that a dosage of

alum at 20 mg/i ahead of the final settling tanks would result

in obtaining an effluent with approximately 14 mg/i of both

BOD5 and suspended solids, (R. 66-67, 106) The District’s

studies determined that the addition of chemicals and polymers

would have about the same effect 

on

the effluent as the use of

the new effluent lagoon. The chemicals, however, when used in

conjunction with the effluent lagoon would assure that the pro-

jected results are attained and would mean an additional improve-

ment of about 10 or 15 over what would be achieved by the efflu-

ent lagoon alone. (R. 67) The cost of installing the polymers

and chemical feed system at Clavey would approximate $75,000;

to operate that system throughout the year would cost about

$140,000, including an amount for additional sludge removal.

(R. 68) The District does not believe that it would be necessary,

however, to operate using the chemicals and polymers throughout

the year. (R. 223) It would be possible to obtain the same

degree of assurance at Clavey by using the facilities only inter-

mittently. Such use could lower the operating costs to about

$lO-20,000 annually. (R. 257, 259) In any case, however, after

July 1, 1972, the District will not be meeting the SWB-l4 effluent

criteria of 4 mg/i BOD5 and 5 mg/i suspended solids effective

after July 1, 1972.

THE WAUKEGAN PLANT

The flow from the Waukegan plant discharges to Lake Michigan.

The Waukegan plant is capable of giving secondary treatment to

approximately 8-12 mgd, the remainder receiving primary treatment

and chlorination. (R. 145) Over the past year, the Waukegan

plant has operated on an average of just under 14 mgd. (R. 111)

At present, the District is adding ferric chloride at Waukegan

ahead of the primary tanks. (R. 219) The District has polymer

feed equipment on order and it should be installed within three

months. The District then contemplates adding chemicals and poly-

mers ahead of 

the final tankds in addition to the present ferric

chloride

being added ahead of the primary tanks. (R. 220) The

District believes that such additions before the final tanks will

permit improved removal efficiency fo~that portion of the flow

which receives secondary treatment.  It also means that a

larger proportion of the flow can pass through the secondary

~  The League questioned whether the District should employ

cationic rather than anionic polymers in order to obtain a higher

degree of treatment. The District shall study whether such in-

creased efficiency is attained and report to the Board and the

Agency on the type of polymers it has instalie~.and why.

3

— 544

treatment facilities. (R. 220) The capital cost of such chemi-

cal and polymer feed equipment is about $5-iO,000 and could be

installed by District personnel in approximately three months.

(R. 221) The annual operating cost would approximate $50,000.

(R. 221) The District has not conducted any plant scale tests

at Waukegan, as was done at Clavey. With the present use of

ferric chloride, the Waukegan plant is obtaining approximately

30 mg/i of BOD5 and suspended solids on a total effluent average.

(H. 114) After adding the chemical feed and polymer system and

taking on new loadings, the District’s chief engineer indicated

that the final concentration in the effluent would remain in

basically the same 30—35 mg/l range. (R. 146-7) The present

SWB-7 standard for the Waukegan plant provides for an effluent

of 20 mg/i BOD5 and 25 mg/i of suspended solids.

EFFECT OF CHEMICAL TREATMENT

The quality of treatment afforded by the effluent lagoons

and the increased chitrination at Clavey have had the effect of

removing from the effluent the organic raw equivalent of a popu-

lation equivalent of about 10,500 people. CR. 107) The District

projects that an addition of 80 of the increased loading capa-

bility, or approximately 8000 P.E., will still result in the

Clavey Road plant meeting the applicable state standards. With

the use of the ferric chloride chemical feed system at Waukegan,

the District has been able to obtain a BOD5 and suspended solids

reduction of approximately 24,000 P.E. The District’s variance

petition, however, only seeks to add on 13,600 P.E. The District’s

figures are based upon the use of 100 gallons per person per day,

having an average BOD5 loading of .167 pounds per person per day.

THE HARDSHIP

The hardship in this case is only incidentally imposed upon

the Sanitary District, but affects directly others within its

boundaries. Though the Agency in its Recommendation challenges

whether any hardship is imposed at all on the District and, there-

fore, whether such a subject is a proper matter for consideration

in this variance case, the Board believes otherwise. Numerous

variance cases decided by the Board have been based on hardship

to others rather than the petitioner. For example, when detail-

ing the hardship that would be imposed upon the GAF Corporation

were the Board to deny the variance, the Board described as “more

serious 

. * -

the testimony that closing the plant would cause

the layoff of 700 employees.” (PCB 71-li) The hardship imposed

— 545

upon the residents and the proposed residents of the District

were the variance to he denied is both an economic and social

one. In the economic area, it results in the loss of income;

in the social realm, it imposes substantial inconvenience on the

owners of land within the District who wish to build and on the

owners of existing facilities who wish to expand. The testimony

of several witnesses established that construction of new houses,

as well as other buildings, within the District has virtually

come to a halt. Examples of this testimony follow.

The First Federal Savings and Loan Association of Waukegan

indicated that with the imposition of the sewer ban in the North

Shore Sanitary District it. has ceased the issuance of all normal

construction loan commitments, except where the Lake County

Health Department had approved installation of a septic system.

The volume of new construction loans handled by the Association

had decreased dramatically in the course of 1971. The first

quarter witnessed a volume of $1.8 million, the second quarter

$42,000, the third quarter $41,000, and the fourth quarter $58,000,

(H. 367) Though the ban has increased the values on existing

real estate within the District, it has had the opposite effect

on developed building sites. CR. 370) For example, a lot which

would sell for a certain amount when the District’s work was com-

pleted and which could then be used for its intended purpose,

would have a current value of between 77-81 of its future worth.

Robert MacGruder, Executive Secretary of the Waukegan—North

Chicago Chamber of Commerce testified that the only real effect

of the ban has been an increase in the selling and rental price

of existing real estate. (R. 395) He found that virtually no

new construction was underway within the District. (H. 391) If

the variance which the District seeks was granted, he indicated

that 1000 building permits could be issued in 1972, 2000 in 1973,

and 2000 in 1974. Thus, the additional load to the treatment

plants would be gradual over three years. (H. 397-98)

Allan Pickus, of Pickus Construction Company and a registered

architect working in Waukegan, testified that a majority of his

employees were laid off due to a lack of new work brought about

by the imposition of a sewer ban. (R. 317-18) At present, Pickus

Construction Company is almost non—existent; all work started as

of April 1, 1971 has now been completed and there is nothing to

take its place. CR. 314-5) Further, for the company to do busi-

ness outside of Waukegan is difficult since such business would

be outside the normal working area and would undoubtedly entail

higher costs and therefore mean less competitive bids. CR. 318)

Pickus estimated that if the sewer ban were lifted, within one

year from that date the total capacity of building within the

—

546

District would be approximately 700 units, In the following

year, for example, 1973, the production capacity would be

approximately 1300-2000 units for occupancy. That would simi-

larly be true for the year subsequent to that, e.g. 1974,

CR. 326-27) Approximately 80—85 of new construction would

occur in the areas served by the Clavey Road and Waukegan Sewage

Treatment plants. (H. 331) There is no question that there

has been an economic impact on those people who build new homes

in the District and those who benefit from the Oonstruction,

but the question is whether this hardship is great enough when

balanced against the harm caused by the pollution from the

District plants to compel the Board to grant the District a

variance.

THE DISTRICT’S (NON)COMPLIANCE

Before discussing whether a variance should be granted,

it is necessary to di~cusssome of the things the District has,

or rather, has not been doing, since the Board entered its June 23,

1971 order. This discussion is important because in setting the

terms for the

grant of any variance, this Board has consistently

insisted that the petitioner be proceeding according to the sched-

ule in implementing his compliance program. Under the Air Con-

taminant Emission Reduction Program (ACERP), petitioners were

obliged to set forth their implementation program; when the time

of the ACERP grant had expired, the parties were to peek a variance

from this Board in order to, in effect, renew the variance. When

such parties filed for a variance, they had to make a showing

that their implementation of the ACERP

was proceeding according

to schedule.

Failure to adhere to the schedule or to provide

adequate excuse for such failure has resulted in the imposition

of a monetary penalty.

(See Environmental Protection Agency v.

Marquette Cement, PCB 70-23; Greenlee Foundries v. Environmental

Protection Agency, PCB 70-33).

Though the North Shore Sanitary District witnesses and

Brief state and argue that the District is in “substantial com-

pliance” with the Board implementation order of June 23, 1971,

we believe that the evidence shows otherwise. Only Paragraphs

2, 3 and 9 of that Order have been complied with, though by this

date all paragraphs except the first were to have been complied

with fully. For example, Paragraph 4 orders the District to

install and operate interim disinfection facilities at the North

Chicago plant by January 1, 1972; Paragraph 7 also applied to

the North Chicago plant and ordered the use of alum by January 1,

1972. Neither has been done. Instead the District decided to

— 547

build a lagoon and permanent chlorination facilities. In the

District’s opinion, such interim facilities were a waste of

time. 

(R.

52) Completion of the permanent facilities

expected before the 1972 bathing season.

While we commend the

District’s thoughtfulness and desire to achieve certain economies,

that was not what the Board Order directed. If the District

sought to deviate from the Order it should have so informed the

Board and the Agency rather than just blithely changing its mind.

Further, the Board order, Paragraph 3, directed that screen-

ing facilities be installed at Gillette Avenue Sewer by January 1,

1972. At the hearing, the District indicated that such screening

should be completed “within a few weeks.” (H. 54) Paragraph 6

of that Order obliged the District to employ chemical precipita-

tion and polymers at Waukegan Treatment Plant by September 1, 

1971.

Though the District added ferric chloride as of September 1, poly-

mers are not yet added, but are a subject of this hearing and

should be installed within three months. Paragraph 8 of the

June 23 Order directed that chemicals be employed at the other

Lakefront plants by January

1, 1972. As of December 9, 1971, the

District had finally submitted a permit request to the Agency for

such an addition.

Even more disappointing is the District’s failure to

adhere to its own construction

schedule according to Paragraph 1

of the June 23 Order. For example, the Lake Bluff Pumping

Station

(PS-6) was to be completed by November 30, 1971; today

it is delayed “some months beyond that.” CR. 

232) The Lake

Front Intercepting

Sewer (Section

1)

(S-8A) was to start con-

struction on October 31,

1971; construction has not yet begun

due to problems of right-of-way.

The District

does not know

when that will go ahead. CR. 233) The same is true for the Lake

Front Intercepting

Sewer CSection 2) (S-8A) which was to have

started construction

on October 10, 1971.

Though the 

Board realizes that certain problems as to

the Clavey Road plant were caused by the necessity of obtaining

a Federal Environmental Impact statement and approval thereof,

this still does not excuse the District from notifying the Board

that certain delays will be incurred due to that.

In addition,

the delays here are quite substantial. 

Construction on the

Ciavey overflow treatment facilities

was to have begun on

February 1, 1972; because the Federal Environmental Protection

Agency required covering

of these retention basins, the facili-

ties had to be re-designed. This design will be complete by

mid-1972, with completion scheduled for April 1, 1974, instead

of August 1, 1973 

—

an eight-month delay. Due to bidding~diffi-

culties work on the Clavey sludge loading facilities

(P liE) and

pumping station additions 

(P hF) will each be involved in a

three-month delay.

— 548

Right-of—way problems also plague the Winthrop Harbor

Ravine Sewer (S-l) and the interceptor extension CS-2A) so that

construction scheduled for last summer has not yet begun. (R.237)

The Kellogg Ravine Sewer (S-3) has been subject to a five-month

delay due to right—of—way problems. No date is set for con-

struction of the Waukegan Interceptor Sewer, though work was to

have begun on December 1, 1971, again due to right—of-way problems.

(H. 239) There is a two-month delay on the Waukegan—Bull Creek

Sewer (Section 1) (S-5A) because of right-of—way difficulties,

The North Chicago Pumping Station is now scheduled for

completion three months late. CR. 238) The Upper Skokie Pumping

Station construction will be completed about 1-1/2 months late.

The additional treatment facilities at Waukegan were to have been

completed on June 1, 1973; due to problems with the Federal govern-

ment, completion is now predicted for December 1, 1973, a six-

month delay. The Waukegan overflow treatment facilities are now

scheduled for completion five months late. The Waukegan sludge

dewatering facilities, (P-3D) and sludge incineration facilities

(P-3E) were both scheduled for completion on February 1, 1973,

At present, the District is looking for alternative means of

sludge disposal; though the Board realizes that this may bring

a cost-saving to the District, this searching has already pre-

cipitated a six—month delay in the sludge disposal projects.

The implementation order of the Board in this case was

entered scarcely seven months ago and already the Di,strict is as

much as six or eight months behind on some of the major projects.

If it were not that the variance, which the Board shall approve

in this case, will substantially improve the quality of the

waters in Lake Michigan, the variance petition of such a lax peti-

tioner

should be summarily denied. Conduct of the kind demon-

strated by the District in its utter disregard for the June 23

Order of the Board cannot be tolerated. The District, and others

who are subject to orders of the Board, must learn to take them

seriously, to follow them and to get approval from the Board

before they unilaterally decide to institute new programs. Other

sanitary districts have been diligent in complying with Board

oders and keeping the Board informed. (See Environmental Pro-

tection Agency v. Danville Sanitary District, PCB 71-28).

If the District were to follow the lead of the Danville Sanitary

District, perhaps the District would not have the problems it

does today.

— 549

In promulgating the June 23 implementation order, the

Board chose not to order the District to file interim reports

detailing its compliance with that order. Perhaps finding that

the District had been troubled enough in the recent past and

that it should rather get about its business of cleaning up

Lake Michigan, we simply ordered the District to adhere to its

own projected completion schedule. To our great dismay and

surprise and to the detriment of Lake Michigan, the District

has fallen markedly behind and, further, has even failed to

implement particular Board directives on time. Henceforth,

as will be specified in the order, the District shall file

monthly progress reports with the Board and the Agency.

The question remains as to what the Board should do as

a result of the District’s failure to follow the June 23 Order.

Of course, many alternatives are available to the Board, includ-

ing, as we have said, a summary denial of the variance or even

the imposition of a monetary penalty. No such penalty shall

be imposed, however, since it cannot be determined from the

record whether such delays as have been incurred were justifiable

ones. In addition, we think that the water quality of Lake

Michigan and the economy of Lake County are best served by not

being punitive against the District now. Rather, the District

will be required, when and if it seeks an additional variance

from the Board next year, to prove that it has complied with all

of the orders of the Board, or that it has exercised every effort

to comply in good faith, but could not. A new variance will

only be granted if the Board is satisfied that the District has

done everything it could to satisfy its obligation.

THE VARIANCE

Under Section 36(b) of the Environmental Protection Act,

the Board can only grant a variance for a period of one year,

and only if compliance with the laws will impose an arbitrary

or unreasonable hardship. Based upon the evidence in the record,

we feel that denial of the variance would impose such a hard-

ship. The economic hardship imposed by the “sewer connection

ban” has been, and would be great

if

the variance is not granted.

If the

variance were not granted, and therefore the conditions

of the variance not

met, Lake Michigan will be the worse for it.

In fact, by meeting the conditions of the variance, the people

in the District will probably be able to use some of the beaches

during the

latter part of the 1972 bathing season and for all

bathing seasons thereafter. Accordingly, the North Shore Sanitary

3—550

District shall be granted a variance as to Paragraph 7 of the

Board Order of March 31, 1971 for its Waukegan and Clavey Road

sewage treatment facilities. The District shall be permitted

to accept at either or both of these plants a total of 1000 new

living units or a total of 4000 P.E. The grant of 1000 living

units is based upon the testimony of Robert MacGruder of the

Waukegan-North Chicago Chamber of Commerce. Allan Pickus of

Pickus Co~structio~Companyeven indicated that the number of

additional iiving.units during the first year ~iould be less

than 1000 an~that only 80-85 of the number would be in areas

tributary~tothe~Waokega.nand Clavey Road treatment plants.

The District may ap~rtibn the allotment under this variance

between the two plants.4~s i~?shall determine. Should the Dis-

trict decide, it may grant~a~p~rtionof the allotment to

industrial users; such an allotment~‘of course, will consume a

part of the 4000 P.E. Variances granted by the Board since

March 31, 1971 shall not count against the District’s total

allotment. Any allotment shall be in accordance with the priori-

ties set forth under proposed Chapter IV, Part VI, 

Rule 604 Ce)

in the regulatory case, In the Matter of Sewer Bans, R71-l9.

If any party ~,saggrieved by the denial of a permit from the

Agen~y~orthe District, his rights of permit appeal shall be

as set. ~forth under Section 40 of the Environmental Protection

Act. The procedures on appeal shall be as under Rule 502 of the

Board’s Procedural Rules.

With regard to connections to sewers in Waukegan, the

District shall adhere to the stipulation entered into in the

record in this case. The Agency’s and the League’s testimony

established that definite overloading and surchargii~igof sani-

tary sewers occurs at about ten locations on sewers tributary

to the Waukegan treatment plant. (R. 559-572) This’testimony

from the Lake County Health Department affords ample grounds

for the stipulation to which the parties have agreed. In

sum, that stipulation would provide: The North Shore Sanitary

District and the Environmental Protection Agency each state that

they presently have statutory power to require permits for

all sewer extensions and connections; any connection, extension

or increase in strength or volume of influent shall not be

allowed with a permit approved by the District and the Agency;

the District shall maintain a record of all new permits or

connections issued and Shall include those number~and identi-

fications in its monthly report to the Board; no connections

shall be allowed if any part of the downstream sewer ‘system

is incapable of adequately transporting the additioaal or new

waste to the District’s treatment works. This condition is

not meant to preclude connections to lateral or interceptor

—

551

sewers upstream of the Water Street and Gillette Avenue sewers

just on the basis that these two sewers may overflow. Rather,

it is intended to reach surcharging and overflow problems from

Waukegan sewers to ditches and ravines as described in the record.

The Agency shall indicate in writing to the District those

sewers or sewer lines which it finds incapable of adequately

transporting wastes; the District shall not approve any permits

which would add or increase any waste source to any sewer or

sewer line so designated. The District shall also have a

continuing responsibility to identify any additional inadequate

sewer on the basis of its own records or information submitted

to it. In that stipulation, the District also agreed that the

Agency would have the right, either through the present or

future proceedings, to recommend to the Board that all connec-

tions that would be tributary to specific sewers maintained by

the District would be prohibited. Though the Agency’s right

in this regard is amply guaranteed by statute, such a stipula-

tion re-inforces that right. The Board finds adequate cause in

the record to insist upon such a stipulation; it will be incor-

porated into the Board Order as agreed by the parties. We would

commend the parties for strong interest they exhibited in such

a stipulation and agree that such is necessary to prevent further

water and land pollution in the ravines and ditches upstream of

Lake Michigan.

The District may issue permits under this variance at any

time within that year. Connection to an existing line or con-

struction of a new sewer line under such a permit need not occur

within the one-year period. Any such additional connections

authorized under this variance and not assigned by the District

within the one—year period of the variance shall lapse upon the

termination of the variance.

Of course, any hookups or new sewer lines granted pursuant

to this variance and under an Agency and District permit do not

become revocable by the mere lapse

of this variance. In other

words, it is intended that such hookups and new sewer lines only

be subject to the customary rules of the District, the Agency

and the Board. The possible subsequent denial by the Board of

a District variance petition will in no way affect those who have

already been granted a hookup or completed installation of a new

sewer line through an allotment of the capacity available under

the grant of the variance in the instant case.

—

552

In addition to the above, there will be other conditions

imposed as part of the grant of a variance. The following para-

graphs outline each of those conditions:

The District shall install polymers and chemicals at the

Clavey Road plant. This installation shall be as described in

the testimony of M.D.R. Riddeil, the District’s consulting engineer.

Even though such an installation may need only intermittent use,

it is necessary to assure that Clavey will consistently achieve

the 20 mg/h BOD5 and 25 mg/l suspended solids standard presently

in effect under SWB-l4. Due to the hardship that would be imposed

wereand

5themg/lBoardsuspendedtoinsistsolidsthatstandardthe

Districtrequiredattainas

oftheJuly4

mg/h1,

19’72,BOD5

the District shall also be granted a variance from meeting that

new criterion. The polymer and chemical feed system shall be

installed within six months. These facilities need only be used

intermittently so as to hold down the cost to about $10,000 per

year. Because of the effluent lagoon and its operation, these

chemicals are not nee~Led~at all times.

The District shall continue to use sodium hypochiorite in

the sewers above the Clavey plant to aid in the abatement of

air pollution. This program has apparently been effective.

The District shall install polymers and continue to use

chemicals (ferric chloride) at the Waukegan plant. The District

presently has such polymer feed systems on order. With ferric

chloride the District can presently attain a total effluent dis-

charge of approximately 30-35 mg/h of both BOB5 and suspended

solids. To maintain such a characteristic effluent with the

additional loadings granted under this variance, the polymer in-

stallation is necessary and shall be completed within three months.

The District shall install bar screens on the Water Street

Sewer, which can be cleaned manually. The Greeiey and Hansen

Water Street study submitted to the Board and made a subject of

the hearing in the Board’s preliminary order described three

possible installations on the sewer. Each of the other two

suggested devices involved the expenditure of a larger amount of

money and also a longer installation period. The manually clean-

able bar screen would remove only coarse solids, but could be

installed within seven months. Its purpose would be mainly

esthetic, but, within the given time period, would be available

for a substantial portion of the 1972 bathing season. In order

that a reasonable time schedule can be maintained, within twenty

(20) days from the entry of this order the District shall submit

such a timetable to the Agency. The Agency shall then formulate

a written response to the Board within ten (10) days of receipt

of the District’s schedule. The Board shall issue an implementa-

tion schedule.

.--

553

The District shall install chlorination facilities at

Water Street and Gillette Avenue Sewers. 1 As previously

stated, the Board directed in its preliminary opinion that the

subject of bacteria removal be discussed in conjunction with

the variance case. The District’s engineering consultant,

M.D,R, Riddeil, described the two types of possible installations

at Water Street. Both would involve the construction of tem-

porary chlorinating facilities which would apply sodium hypo-

chlorite at a high rate to the sewage during overflow periods.

(H. 446) Such, as was mentioned above, occur sixteen to

eighteen times each year. The maximum flow in the Water Street

sewer is about 60 mgd; it would be approximately one part

sewage to eight to ten parts stormwater during overflow condi-

tions. (H. 445) One proposed chlorination facility would in-

volve the use of a contact basin developed by driving sheet

piling into the bottom of the Lake offshore from the present

overflow. This basin would provide about 15 minutes of contact

time, The other possible Water Street facility would be created

by building a diversion structure on the Water Street sewer

similar to that proposed in connection with the screening facili~.

ties and then to build a by--pass sewer generally paralleling the

Waukegari River. (H. 446) The cost of the first alternative

would be about $200,000; the second, about $240,000. For each

the operating cost would be about $15,000 annually.

For the Gillette Avenue sewer, Riddell indicated that it

would he possible to take advantage of the contact time in the

sewer itself and augment that with a small contact basin. It

would he possible to add chlorine to the sewer at Sand Street

in order to provide additional disinfection. Projected cost

of this installation would be approximately $150,000, with an

annual operating cost of about $15,000. In his opinion, an

adequate chlorine dosage, coupled with a fifteen—minute contact

time, should provide reasonably effective disinfection of the

overflows on the order of 95 reduction in bacteria. (H. 451,500)

Though chlorination is the traditional method used,

the District still is held to the commitment it made at the

hearing to study ozonation as a means of disinfection CR. 642).

— 554

Even though there are potential problems as to placement

of the disinfection facilities at Water Street and Gillette

Avenue, the Board believes that such facilities are an absolute

necessity if additional connections are to be allowed. History

has indicated that the most serious problem involving the Lake

is the discharge of untreated bacteria to a prime recreational

area. Lake County Health Department 1971 Lake Michigan beach

sampling data indicate that the bacterial problem persists.

A significantly large percentage of the sample~ collected did.

not attain the SWB-7 criteria (LW Exs. 18-22). Though counsel

for the District stressed that such disinfection facilities

would only be available for one bathing season, the evidence

shows otherwise. Riddeli indicated that the facilities could

be on line within seven months. CR. 502) If so, that would

then mean that the beaches within the District could be used

in August and September, 1972, both months in which bathing

occurs. In addition, the chlorination facilities will be in

use during the 1973 bathing season, since the improvements to

the Waukegan plant will not be completed to allow the Water

Street overflows to be treated at the plant until August, 1973,

CR. 240) Finally, the dilatoriness which the District has dis-

played throughout the past seven months will probably be with

us throughout its current project. Though we do not like to

admit the possibility, even further delays will probably result

and we can only hope that the District approaches each one in

a good faith effort. For that reason, it is entirely likely

that the chlorination facilities which we order as a. condition

of this variance will still be installed and operating in the

summer of 1974.

It must be remembered that when we speak of a bathing

season we are not speaking of one “object” but of many days of

recreational

enjoyment for the residents of the District

and

Northeastern Illinois. The capital cost which the District

presents,

$350,000 for the chlorination

facilities,

is worth

the price.

It has not been BOD5 and suspended solids

which have

prevented bathing on the Northshore beaches for the past several

summers, but a high bacterial count. By the entry of this

order, we anticipate that this problem will be alleviated.

The projected capital costs of the program which the Board

hereby orders is approximately $450,000 ($350,000 for chlorina-

tion at Water Street and Gillette Avenue sewers, $75,000 for the

chemical feed at Ciavey and $10,000 for Waukegan); the annual

operating cost will be approximately $100,000 ($15,000 each at

Clavey, Water Street, and Gillette, and $50,000 at Waukegan).

—

555

In his testimony, the acting General Manager for the District

indicated that the proposed. connection fee to be adopted by the

District to pay for such a program would be “between a hundred

to two hundred dollars11 per single family home or equivalent.”

CR. 170) If the District were to adopt this higher figure,

then receipts for the first year under this variance grant

could equal approximately $200,000. With increased building

during subsequent years, perhaps in the neighborhood of 2000

units, as suggested by Robert MacGruder and Allan Pickus, their

receipts could total as high as $400,000. Over a projected

three-year period before the District can then complete its

improvements, over $1,000,000 may return to the District in

the form of connection fees. Such an amount would be in

excess of the projected total capital and operating costs for

the three-year period of $750,000. For this reason and those

noted above, the Board finds that not only are such improvements

technically feasible, but economically reasonable.

The District shall maintain treatment levels at the

Clavey Road plant of 20 mg/l BOD5, 25 mg/i suspended solids.

At Waukegan, the District’s total effluent shall be in the

range of 30-35 mg/i BOD5 and suspended solids.

The District shall file monthly written reports with the

Board and the Agency detailing its compliance with the conditions

of the variance. Such reports shall include, inter alia, the

number of connections granted by the District 

in the period governed

by the report.

This opinion constitutes the findings of fact and 

conclu-

sions

of law of the Board.

11 In its brief, the League suggested a connection fee

of $400. We do not suggest any particular figure; rather, that

should be within the purview of the District. In any case, the

fee should be sufficient to cover the cost of improvements.

3 556

ORDER

Upon examination of 

the

record, the North Shore Sanitary

District is hereby granted a variance from Paragraph Seven of

the Order of the Pollution Control Board in the case of the

League of Women Voters, et al 

North Shore Sanitary District,

PCB 70-7, 12, 13 and 14 subject to the following conditions:

1.   The variance shall only be granted with respect to

additional connections to Clavey Road and Waukegari Treatment

plants.

2.   The District shall be permitted to add a total of

1000 living units or 4000 P.E. to the sewers tributary to the

Clavey and. Waukegari plants.

3.   This variance shall extend only for a period of

one year from the date of the entry of this Order. The District

may issue permits under this variance at any time within that

year. Connection to an existing line or construction of a new

sewer line under such a 

permit need. not occur within the one-year

period. Any such additional connections authorized under this

variance and not assigned by the District within the one-year

period of the variance shall lapse upon the termination of the

variance.

The District may apportion the allotmenj. under the

variance between the subject plants as it in its own discretion

so determines, except it shall follow the guidelines set forth

in paragraph 5 below.

5.   In assigning its allotment under this variance, the

District shall subscribe to the following preference order:

a.  Those whose owners have paid for the im-

provements;

b. housing under government—aided progtams

for the disadvantaged;

those for which substantial

expenditures,

beyond mere purchase of land, were made in good faith

prior to March 31, 1971;

c.  hospitals, schools, and other buildings

providing essential public services.

—

551

6.  In determining whether connections or the construc-

tion of new sewer lines shall be allowed the District shall

adhere to the following policies:

a.  No connection, extension, or increase in

strength or volume of influent shall be allowed with-

out a permit approved by the District and the Agency;

b.  the District shall maintain a record of

all new permits or connections issued and shall

include those numbers and identification in its

monthly report to the Board;

c.~ no connections shall be allowed if any

part of the down-stream sewer system is incapable

of adequately transporting the additional or new

waste to the District’s treatment works;

d.  within 30 days of the entry of this order,

the Agency shall indicate to the District those sewers

or sewer lines which it finds incapable of adequately

transporting wastes; the District shall not approve any

permits which would add or increase any waste source

to any sewer line or sewer so designated;

e.  The District shall have a continuing responsi-

bility to identify any additional inadequate sewer or

sewer line on the basis of its own records or informa-

tion submitted to it.

The Agency shall have the right, either through the

present or future proceedings,to

recommend to the Board that all

connections that would be tributary to specific sewers-maintained

by the District would be prohitibed.

8.   Any party aggrieved by the denial of a permit from

the Agency or the District shall have a right to appeal such

denial under Section 40 of the Environmental Protection Act.

9.  The District shall install polymers and chemicals at

the Clavey Road plant. The District .aeed only use such an instal-

lation intermittently in order to maintain an effluent of

acceptable quality.

10. The District shall continue the use of sodium hypo-

chlorite in the sewer above the Clavey Road plant as necessary to

abate air pollution.

— 558

11. The District shall

install polymers and continue the

use of chemicals at the Waukegan plant.

12. The District shall maintain a monthly average effluent

of 20 mg/i BOD5 and

25 mg/i suspended solids at the Clavey Road

plant. The District shall maintain a monthly

average effluent in

the range of 30-35 mg/i BOD5 and suspended solids at the Waukegan

plant.

13.

The

District shall install bar screens which are

manually cleanable on the Water Street Sewer.

This installation

shall be as described in the bistrict’s report to the Board as

admitted into evidence as Agency Exhibit 5. Within 20 days of

the

entry of this order, the District shall

submit a timetable

for installation of the bar screen to the Agency. The Agency

shall formulate a written response to the Board within 10 days

of receipt of the District schedule. The Board shall then issue

an implementation schedule.

14. The Distr~ctshall install disinfection facilities

at the Water Street and Gillette Avenue Sewers.

Within 45 days

of the entry of the order, the District

shall present a timetable

for the installation

of such facilities

to

the Agency and the

Board. The Agency shall formulate a written response to the

Board within 15 days of receipt of the District timetable. The

Board shall then issue an implementation schedule.

15.  In all other ways, the District shall cottinue to

maintain compliance with the Board orders of March 31, 1971 and

June 23, 1971.

16, The District shall make monthly progress reports to

the Agency and the Board, 

Such progress reports shall detail the

District’s compliance with the Board orders of January 31, 1972,

March 31, 1971, and June 23, 1971, and with the District’s imple-

mentation schedule as entered into the record of the June 23

order. The monthly progress reports shall also detail the number

of permits issued, to whom issued, and the population equivalents

thereby added to the subject plant.

17.  The District shall study the use of ozone as a method

of disinfection and submit such study to the Board and the Agency.

Such study shall be submitted within 90 days of the entry of this

order.

—

559

18. The District shall study the use of cationic as opposed

to anionic polymers and shall indicate to the Board and the Agency

the choice it has made and the reasons therefor.

19. Failure by the District to comply with any of the

conditions of this variance shall be grounds for revocation of

this variance.

20. The District shall apply for any desired extensions

of this variance no later than

90 days before the expiration of

this variance. Such a variance petition by the District and any

hearing authorized pursuant to such a petition shall indicate the

District’s good faith compliance with this Board order.

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

certify that the Board adopted the above Opinion and Order his

___________day of          

1972 by a vote of 

—

Mr. Dumelie dissent’ g.

Christan L. Moffe

Clerk of the Boar

—

560