ILLINOIS POLLUTION CONTROL BOARD

January 30, 1973

CITY OF WASHINGTON

~72—266

v.

ENVIRONMENTAL PROTECTION AGENCY

KENNETH W. BLACK AND BRUCE BLACK, ON 

BEHALF

OF PETITIONER

LARRY EATON, ASST. ATTORNEY GENERAL, ON BEHALF OF ENVIRONMENTAL

PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

Petition for variance was filed by the City of Washington

seeking variance from Rule 405 of the Water Pollution Regulations

which limits effluent discharges to 400 fecal coliform per 1,000

mg/i of effluent. Petitioner’s present sewage treatment plant

consists of a primary clarifier, trickling filter and final

clarifier with effluent discharging into Farm Creek, a tributary

of the Illinois River. The plant was designed to serve a population

equivalent of 5,500. The present population is in excess of

7,500. Since December 2, 1968, new sewer extensions have been

banned or restricted because of the overloaded condition. Plans

have been submitted to the Environmental Protection Agency for

construction of a new 

.75

MG/D activated sludge plant, a new

interceptor system and for revisions and modifications of the

existing plant. The new plant will be located 1.5 miles downstream

from the existing facility and will include complete treatment for

average dry weather flow, surge facilities, storm holding facilities

and chlorination of all flow received.

The new interceptor system includes a connectiriq interceptor which

conveys all excess flow from the existing plant to the proposed

facility. The existing plant will be modified by inclusions of

aeration basins, tertiary filters and chlorination. Flow to the

old plant, as modified, will be limited to a maximum of 0.6 MG/D

Construction has begun and it is contemplated that the chlorina-

tion facilities for the existing plant will be on line 6 to 8 months

from the beginning of construction which would presume compliance

by March 1, 1973 or April 1, 1973, assuming some initial delay in

commencing construction.

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647

While the petition and response are somewhat ambigious as

to precisely what is being sought by this variance,for the purnose

of this proceeding we assume that the request relates only to the

installation of chlorination facilities at the existing plant 

which

will bring the operation into compliance with respect to fecal

coliform limitations.

According to the Agency recommendation, effluent from petitioner’s

present facilities had a fecal coliform as high as 770,000 per 100

mg/l. This high count is considered by the Agency a consequence

of the characteristically low flow of Farm Creek. The Agency does

not believe that the granting of the variance would impose a pollu-

tional danger to the Illinois River during the period in which the

variance is soughtfor the installation of chlorination facilities.

The Agency recommends that the variance be allowed until such time

as the chlorination facilities are operable and that a bond be posted

equivalent to the cost of construction of the treatment facilities.

Hearing was held on the petition. The evidence indicated that

installation of interim facilities would result in a net cost of

approximately $40,000 and that the cost of construction on the

existing facilities was in the amount of $461,451, of which $115,760

has been paid, leaving an amount owing of $345,691. A letter dated

September 13 was s~ibmittedto the hearing officer in which a 400-day

time schedule is proposed for the contract dealing with improvements

on the existing plant. Hhile the extent of the total work to be done

may go beyond the time needed to install the chlorination facilities,

we will assume that petitioner’s initial representation of 8 months

for such chlorination installation is still applicable and will

structure our order accordingly. Reference to the record (Page 24)

suggests the possibility that the 400 days relate to the duration

of the entire improvement program covering both plants. But again,

the indication is made on the record that the existing facility will

be on line in six to eight months at this point with the initial

time running from June 27, 1972. The record substantiates the con-

tention that the time involved in constructing interim chlorination

facilities would not be substantially less than the time needed

to install permanent chlorination facilities on the existing plant,

and while some costs could be minimized by the use of the equipment

in the new facilities, we believe the interests of the community

and the State are best served by allowing the variance as requested.

This opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board:

1. That the City of Washington be granted a variance from

Rule 405 (Water Regulations) relative to the limitation

on fecal coliform emissions in its effluent until April 1,

1973, at which time the sewage treatment facilities of

the City will be in compliance with this Regulation.

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648

2. Bond in the amount of $345,690 shall be posted in

form satisfactory to the Agency within 30 days from

the date hereof, guaranteeing completion of the

construction program, with respect to the existing

plant by August 25, 1973, as stated in the record

herein.

Provisions

shall be made for proportionate

reduction of the 

bond commensurate with the amount

paid to the contractor

pursuant to the contract

completi~schedulc. Provision shall also be made for

the forfeiture of $10,000 to the State of Illinois in

the event the City is not in compliance with Rule 405

(Water Pollution)

by April 1, 1973.

Bond shall be

filed

with the Fiscal Services 

Division, Environmental

Protection Agency, 2200 Churchill Drive, Springfield,

illinois 62706w within thirty days from the date hereof.

3. Any extension of this variance or modification of this

order shall be pursuant to further order of the Board

upon

the filing of 

a new variance petition,

filed a

sufficient period of time prior

to expiration of this

variance to enable apnropriate action by the Board.

I, Christan hffett, Clerk of the I~1inoisPollution Control Board,

certify

that the 

above Opinion and Order was entered on the ~

day of January, 1973, by a vote of

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649