ILLINOIS POLLUTION CONTROL BOARD
August 28, 1975
CITY OF SILVIS, GREATER METROPOLITAN
)
AREA HOUSING AUTHORITY OF ROCK ISLAND
)
COUNTY, DDH PROPERTIES AND GRACE POMEROY)
on her own behalf, and on behalf of all
)
those in her class desiring qove~nment
)
assisted rental housing for the elderly,)
Petitioners,
vs.
)
PCB 75—241
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Henss):
Petitioners seek variance from Board Order No. 10 which
was entered in EPA vs. City of Silvis, PCB 71-157, August 22,
1972. Order No. 10 provides:
“The Cities of Silvis and East Moline shall not
permit the construction of any new sewers or other
source of waste to their facilities, or any increase
in the strength or concentration of waste discharged
to their facilities unless permitted to do so, either
by variance cr ot±erwise.”
Petitioners seek relief in order to construct a 100-unit low
income, high-rise apartment building for the elderly and handi-
capped.
The proposed facility, identified as Illinois Project 10—10,
will be constructed pursuant to Section 23 of the Federal Housing
?1ct at 940 11th Avenue, Silvis, Rock Island County, Illinois.
Greater Metropolitan Area Housing Authority of Rock Island County
is the local housinci authority charged with the responsibility of
developing and managing government assisted housing projects in
certain areas of Rock Island County, including Silvis. The
housing Authority states that it secured an allocation of 100
units for City of Silvis and then extended invitations for
proposals for the development of the facilities. DDH, a partner-
ship, submitted a proposal pursuant to the invitation and was
notified on April 21, 1975 that its proposal had been accepted by
the Chicago office of the Department of Housing and Urban Development.
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The petition states that Grace Pomeroy is qualified to
move into a government assisted housing project and that she
has been on a waiting list for such housing since 1973. It
is alleged that she is one of a class of over 1400 qualified
applicants on waiting lists of Housing Authorities located
in Rock Island County. In the event Illinois Project 10—10
cannot be constructed, Grace Pomeroy will have little oppor-
tunity to move into a desirable government assisted rental unit
in the near future.
City of Silvis has been under a sewer connection ban since
August 1969, a tota~.of 6 years. In City of Silvis vs. EPA,
PCB 74-88, the Board noted that the treatment of sewage by City
of Silvis has changed little since 1969:
“The sewage problems in Silvis have existed too long.
The community was slow in addressing these problems, but
in recent years, the upgrading of the Silvis sewer system
has been complicated by ‘regionalization’. In PCB 71-157
the Board approved a plan for Silvis to complete con-
struction of an interceptor main to the East Moline
facility by the date when the City of East Moline completes
the construction of its new and larger regional treatment
facilities. Originally this completion date was to have
been December 3~1973. Since that Order, a number of events
have occurred including the impoundment of sewage treat-
ment plant construction
funds by President Nixon.
Further
aggravating this problem was the enactment of a provision
in the Federal Water Pollution Control Act of 1972 stating
that any municipality which starts construction before
receiving a Federal grant is barred from any reimbursement
from the Federal Government.”
It now appears that City of Silvis has finally unsnarled
its sewage treatment problems. A grant for construction of the
interceptor sewer line was awarded by the Environmental Protection
Agency on April l~, 1975. Petitioners state that the schedule
for construction of the $737,000 interceptor sewer line is as
follows:
July 15, 1975
-
commence construction
October 1, 1976
-
complete construction
Upon completion of the interceptor line project, sewage from
Silvis will receive secondary treatment in the East Moline
regional sewage treatment plant.
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Petitioners state that the developer cannot commence con-
struction of the high-rise facility because an FHA mortgage
will not be granted until EPA clearance is obtained. The
developer is required by Section 23 of the Federal Housing Act
to “commence construction and proceed diligently to completion
or the Housing Assistance Contract will be terminated”, according
to Petitioner. Without a variance, the contract will be
terminated “causing an arbitrary and unreasonable hardship’t to
Petitioners. It is expected that the proposed facility will
generate 15,000 gallons of domestic sewage and 25.5 lbs. of BOD
per day. It is claimed, however, that no injury would be imposed
upon the public if variance is granted since the interceptor
project “should be completed before the building can be con-
structed and occupied”.
The Agency reports that on June 28, 1974 Silvis was issued
an NPDES permit, the terms of which required Silvis to adhere to
the following schedule in construction of the interceptor:
Commence construction
September 30, 1974
Progress reports
June 30 and July 31, 1975
Completion of construction
December 31, 1975
Operational level attained
December 31, 1975
Construction did not commence on September 30, 1974 as
required by the NPDES permit and, since construction has not
commenced even to this day, it is unlikely that the interceptor
will be completed by December 31, 1975. The NPDES permit, which
expires on December 31, 1975, requires Silvis to meet certain
specified effluent limitations for DOD, suspended solids and
fecal coliform bacteria during the term of the permit.
The Agency also reports that East Moline has almost completed
expansion of its regional sewage treatment plant from 3.5 MGD to
11.1 MGD. A strike presently in progress has delayed completion
of this expansion project. It is estima~ted that approximately one
month will be required to finish the project once the strike is
over. If this occurs “in the near future”, East Moline’s City
Engineer believes
the secondary treatment facilities could be
completely installed by November 1975. The East Moline NPDES
permit does not require completion of the secondary facilities
until February 26, 1976.
Assuming
completion of the East Moline project by February 26,
1976, completion of the Silvis interceptor
project by October 1,
1976 aud 18 months for construction of the high rise facility,
the Aqarcy concluded that facilities to properly treat the
additional waste water would be available upon completion of the
high rise structure. It is estimated that the hydraulic and
organic load on the Silvis sewage treatment plant would increase
I)y 2.5 if wastewater is discharged from the high rise before the
interceptor is on line.
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Agency data obtained from
monthly
operating reports and
Agency grab samples reveal that effluent from the Silvis sewage
treatment plant continues to be seriously degraded:
OPERATIONAL REPORTS
DOD
SETTLEABLE SOLIDS
MONTH
FLOW (MGD)
____
mg/l
Nov ‘74
.411
178.4
2.53
Dcc ‘74
.410
184.5
2.6
Jan ‘75
.381
240.0
3.16
Feb ‘75
.375
24G~5
425
Mar ‘75
.494
251.5
3.83
Apr ‘75
.514
199.6
3.11
AGENCY GRAB SAMPLES
FECAL COLIFORM
DATE
BOD, mg/l
SS,mcj/l
No./l00 ml
Sept. 9, 1974
230
130
5,800,000
Nov. 19, 1974
80
95
3,900
Jan. 29, 1974
400
140
3,500,000
Apr. 02, 1975
130
90
200
The Agency recommends the grant of variance on condition
that no discharge be allowed from the high rise until the inter-
ceptor project is completed and operational and until the East
Moline regional treatmantplant upgrading is completed.
Petitioners object to the Agency’s proposed condition, stating
that the inability to connect to the sewage system upon completion
of the high rise would “present an economic catastrophe”. Further,
Petitioner states that final endorsement of the FHA mortgage
insurance would not be possible without connection to the sewer
system.
Engineering consultants to City of Silvis are confident that
construction of the interceptor sewer can commence by November 15,
1975 and the interceptor can be completed and in operation by
September 1, 1976
hpro\Tided no
unforeseen delays occur” (Petitioner
Exhibit L). Based upon this schedule it appears that the inter-
ceptor line would be in operation prior to completion of the high
rise.
The need for houaing suitable to requirements of the elderly
and
the handicapped in this
area is
well documented. A delay in
construction could jeopardize the Federal loan required for this
project. However, in view of the history of delays and in
recognition of the possibility that there may be further delay in
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completion of the Silvis interceptor project or the East
Moline upgrading project, we find that the conditions
suggested by the Agency are clearly justified.
Petitioners are willing to “undertake the risk of con-
struction, occupancy and financing” but not the “risk involved
with the completion of the interceptor sewer”. This could
indicate that Petitioners fear some slippage in the construction
schedules for the sewer projects. With a waiting list of over
1400, it would appear that occupancy for the 100 unit facility
poses but minima risk f or Peti~ioners.
We are willing to grant the variance only upon condition
that the sewer connection from the apartment building not occur
until after the Silvis interceptor comes on line. Important as
this apartment project is, we find that public health considerations
are paramount. Serious pollution could result if the wastes from
this apartment are directed to the present Silvis sewage treatment
plant. We hope that it is possible for construction to begin on
all of the projects. However, we cannot relieve the developers of
risk. It must be clearly understood that the sewer connection of
this apartment building will occur only after the interceptor comes
on line.
This Opinion constitutes the findings of fact and conclusions
of law of the Illinois Pollution Control Board.
ORDER
It is the order of the Pollution Control Board that City of
Silvis, et al is granted variance from Order No. 10 in EPA vs.
City of Silvis, PCB 71-157, August 22, 1972. Said variance is
limited to a proposed 100 unit apartment building to be located
at 940 11th Avenue, Silvis, Illinois subject to the following
conditions:
1. The apartment building shall not be connected to
the Silvis sewage treatment system until the interceptor
line from Silvis to the East Moline regional treatment plant
is completely constructed and in operation and until upgrading
of the regional plant in East Moline is completed and
operational.
2. Within 35 days of the date of this Order, Petitioner
shall execute and submit to the Manager, Variance Section,
Division of Water Pollution Control, Illinois Environmental
Protection Agency, 2200 Churchill Road, Springfield, Illinois
62706, a Certification of Acceptance and agreement to be
bound to all terms and conditions of this variance. The
form of said certification shall be as follows:
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CERT IF ICAT ION
I (We), ______________________having
read and fully
understanding the Order of the Illinois Pollution Control Board
in PCB 75-241 hereby accept said Order and agree to be bound by
all terms and conditions thereof.
Signed __________________________________
Title
_________________________________
Date
________________________________
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify he ab ye Opinion and Order was ado ted the
____________day of
_______________,
1975 by a vote of
__________
Christan
@~&M~
L. Moffett,
I. j~’4~
Clerk
Illinois Pollution Control Board
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