ILLINOIS POLLUTION CONTROL BOARD

May 1, 1980

WHITE COUNTY’S EVERGREEN ACRES, INC.

)

and CITY OF CARMI,

Petitioners,

v.

)

PCB 80—37

ENVIRONMENTAL PROTECTION AGENCY,

Resoondent.

OPINION

AND ORDER OF THE BOARD (by Dr. Satchell):

This matter comes before the Board upon a variance petition

filed February 21, 1980 by White County’s Evergreen Acres, Inc

(Evergreen Acres)

,

an Illinois not—for-profit corporation, and the

City of Carmi. The petition requests relief from restricted status

of a sewage system by way of a variance from Rule 962(a) of Chapter

3: Water Pollution. Petitioners filed with the petition a motion

for expedited consideration. On April 2, 1980 the Environmental

Protection Agency (Agency) recommended that the variance be granted

with conditions. The hearing was waived and no comments have been

received.

Evergreen Acres has proposed to develop with funding from

the United States Department of Housing and Urban Development (DHUD)

a fifty unit housing project for the elderly and handicapped at the

southwest edge of Carmi, south of Illinois Route 1, in White County

(Pet. 1). The project will discharge to a sewage system operated

by the City of Carmi which was placed on restricted status by the

Agency on June 8, 1977. The sewage treatment plant (STP) was de-

signed to handle 0.675 million gallons per day (MGD) (2,550,000

1/day) and receives an average dry weather flow of 0.474 MGD

(1,790,000 1/day). It has an averacre wet weather flow in excess

of 1.0 MGD (3,800,000 1/day) with daily peaks of 1.7 MGD (6,400,000

1/day) Wet weather bypasses occur at a rate of 9.8 MGD (37,000,000

1/day) from one point south of the STP. At another point there is a

bypass of unknown rate (Pet. 3; Rec. 2).

The ~TP discharges to the Little Wabash River which is tribu-

tary to the Wabash River. Two miles downstream of the Carmi STP

the Little Wabash shows water quality violations for dissolved

oxygen and total iron. Present in the stream are algal genera

which indicate high nutrient content and are used as pollution

indicators (Rec. 3).

---

Due to the absence of final clarification organic overloading

is also a problem with the Carmi STP (Pet. 3). It is subject to

an enforcement compliance schedule letter issued by the United

States Environmental Protection Agency. This sets interim dis-

charge limitations of 50 mg/1, five-day hiolchemicai oxygen demand

(BUD) and 75

mg/i total suspended solids (TSS) on a thirty day

avera(Ju.

Recent discharge monitoring reports show average BOD

at 18 to 50 mg/i and TSS at 39 to 123 mg/i (Rec. 2). Rule 401(a)

of Chapter 3 sets an effluent standard of 30 mg/i BOD and 30 mg/i

TSS.

The City of Carmi is currently involved in upgrading its STP

and sewer system within the construction grants program. Carmi’s

current grant priority number is 291 which indicates Step II and

III funds will be available for its facility improvements. The

Agency’s grants section states that the sanitary sewer evaluation

survey was submitted in December, 1979 and is in the process of be-

ing revised. The grant section further states that a completed

facilities plan could be approved by the summer of 1980 and that

the February 1, 1983 operational date is feasible. Petitioners’

compliance schedules show that sewer rehabilitation will be complied

with by November 1, 1981. Currently the hydraulic loading on the

STP should be lessened, thus improving the effluent quality.

n July of 1979 Carmi completed its sewer system evaluation

survey. Carmi is

in the process of forcing building owners to

disconnect from sanitary sewers thirty downspouts which were dis-

covered. When completed this should reduce hydraulic overloading

(Pet. 7)

The Agency estimates that the fifty unit project will have a

design flow of 7500 GPD (28,000 1/day). However, based on data

from an existing elderly housing complex in the City of Fairfield,

Petitioners claim there will be an average wastewater flow of 2100

GPD with peak flows of 5250 GPD (7900 to 20,000 1/day) (Pet. 2;

Rec. 4). Concentrations of 200 and 250 mg/i of BOD and TSS are

expected (Pet. 1)

.

This represents a total average daily loading

of 1.6 kg of oxygen demand and 2.0 kg of suspended solids. Peti-

tioners contend that not only will the additional loading be

minimal, but 80 of the residents are presently living in buildings

served by the Carmi STP (Pet. 2).

The proposed project is funded by DHUD due to the acute short-

age of housing in Carmi for the elderly and handicapped (Pet. 2).

The Agency’s Grants Section feels that Carmi has made adequate

steps toward securing grants funds. Since Carmi is making good

---

—3—

faith attempts at bringing its discharge into compliance, the

Agency recommended grant of tile variance. The Board finds that

denial of relief from the restricted status would impose an arbi-

trary and unreasonable hardship. Carmi will be required to take

steps to come into compliance and to operate its existing facil-

ities efficiently.

This Opinion constitutes tile Board’s findings of fact and

conclusions of law in this matter.

ORDER

Petitioners White County’s Evergreen Acres, Inc. and the

City of Carmi are granted a variance from Rule 962(a) of Chapter

3: Water Pollution to allow issuance of construction and operat-

ing permits for a fifty unit elderly housing project, subject to

the following conditions:

1. The City of Carmi shall actively pursue grant funds and

take timely steps towards bringing the discharge into

compliance.

2. The City of Carmi shall operate and maintain its exist-

ing treatment facility to achieve optimum effluent

quality.

3. The City of Carmi shall minimize bypassing of its exist-

ing treatment facility.

4. Within forty-five days of the date of this Order, Peti-

tioners shall execute and forward to the Illinois

Environmental Protection Agency, Variance Section, 2200

Churchill Road, Springfield, Illinois 62706, a Certifi-

cate of Acceptance and Agreement to be bound to all

terms and conditions of this variance. This forty—five

day period shall be held in abeyance for any period this

matter is being appealed. The form of the Certificate

shall be as follows:

---

—4—

CERTIFICATION

I, (We)

, _________________________,

having read

and fully understanding the Order in PCB 80—37, hereby

accept that Order and agree to be bound by all of its

terms and conditions.

IT IS SO ORDERED.

SIGNED

TITLE

DATE

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the ~

day of

___________,

1980 by a vote of

C)

rk

Christan L. Mor

Illinois

PollutiWW Control Board