ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1992
    IN THE MATTER
    OF:
    )
    PETITION OF THE DECATUR
    SANITARY
    )
    AS 91-7
    DISTRICT FOR ADJUSTED STANDARD
    )
    (Adjusted Standard)
    FROM 35 ILL.
    ADM. CODE 306.305(b)
    )
    OPINION
    AND
    ORDER OF THE BOARD
    (by G.
    T.
    Girard):
    On August 22,
    1991,
    the Decatur Sanitary District (District)
    filed
    a petition for an adjusted standard with the Board.
    The
    District is seeking an adjustment to the combined sewer overflow
    (CSO)
    disinfection requirement of 35 Ill.
    Adm. Code 306.305(b).
    On February 21,
    1992, the Illinois Environmental Protection
    Agency
    (Agency)
    filed its response recommending that the adjusted
    standard be granted with certain conditions.
    No hearing was held
    in this proceeding
    (~
    Petition of Decatur Sanitary District for
    adlusted standard from 35 Ill. Adm. Code 306.305(b), April 23,
    1992)
    and the Board has received no comments from the public on
    this petition.
    BACKGROUND
    The District,
    located in Macon County,
    acts as the regional
    wastewater treatment authority for the City of Decatur and the
    Villages of Forsyth and Mt.
    Zion.
    The wastewater treatment
    plant,
    owned and operated by the District, employs 70 full time
    employees and serves approximately 100,000 residents and
    industrial and commercial users.
    (Pet. at 1.)’
    Approximately 31
    million gallons per day are processed at the treatment plant and
    then discharged into the Sangamon River just upstream from the
    confluence with Stevens Creek.
    The treatment process has a
    design average flow of 41.0 million gallons per day and includes
    preliminary and primary treatment followed by a two—stage
    activated sludge biological treatment process with effluent
    disinfection by chlorination.
    (Pet.
    at 2).
    Treated sludge is
    ultimately disposed of by land application on area farms.
    The
    expansion and upgrading of the main treatment plant was completed
    in the spring of 1990 at a construction cost of $74,221,650.
    (Pet.
    at 2.)
    The District also owns and operates two combined sewer
    overflow treatment facilities
    (CSO treatment facilities)
    and has
    two others under construction to be completed in the spring of
    1992.
    These four CSO treatment facilities were built by the
    District pursuant to a consent depree entered in the U.S.
    District Court.
    (Pet.
    at 7.)
    The four CSO treatment facilities
    The Petition is cited as “Pet. at
    and the Agency Response
    will be cited as “Res.
    at
    “.
    134—379

    2
    will provide for the capture of first-flush—flows and will
    provide the equivalent of primary treatment for flows
    in excess
    of the first flush.
    The four CSO treatment facilities do not
    have provisions for the disinfection of post—first flush flows;
    therefore the District is seeking an adjusted standard for these
    four CSO treatment facilities.
    The combined cost of the
    construction of the four CSO treatment facilities was
    $16,042,000.
    (Pet. at 2.)
    DISCUSSION
    Section 28.1(a)
    of the Illinois Environmental Protection Act
    (the Act) provides that after adopting a regulation of general
    applicability, the Board may grant an adjusted standard for
    persons who can justify such an adjustment.
    Section 28.1(b)
    provides that the Board may specify a level of justification
    required of a petitioner for an adjusted standard.
    Although the
    Board’s regulations at 35 Ill.
    Adm. code 306 do not contain a
    level of “justification” for an adjusted standard, the Board has
    held that the substantive requirements of
    35 Ill. Adm. Code
    306.Subpart D are to be used for justification of an adjusted
    standard from the regulations at 35
    Ill.
    Adin.
    Code 305.
    (Petition of the City of Jacksonville for Adiusted Standard From
    35
    Ill.
    Adn*.
    Code 306.305(b), AS 90—1,
    August 9,
    1990;
    and City
    of Ocilesby
    v.
    Illinois Environmental Protection Agency, PCB 86-3,
    February 6,
    1992).
    Therefore Section 28.1(b)
    of the Act applies
    to the District’s petition for adjusted standard.
    The District proposes that the Board adopt the following
    adjusted standard for its CSO discharges:
    The Sanitary District of Decatur is granted
    an adjustment to the disinfection
    requirements of 35 Ill. Admin.
    Code
    306.305(b).
    This adjustment allows the
    Sanitary District of Decatur to discharge
    combined sewer overflows in excess of the
    first flush without disinfecting such flows.
    Pet. at
    9.
    The Agency, which recommends granting the adjusted standard,
    suggests that the language proposed by the District be amended to
    include the specific sites of the four CSO treatment facilities.
    Justification
    The District asserts that to achieve compliance with the
    existing regulation,
    the District would need to add disinfection
    equipment to the newly constructed CSO treatment facilities.
    The District indicated that the annualized capital cost is
    $1,829,939 and the annual operation and maintenance cost is
    I 34—380

    3
    $304,070.
    (Pet.
    at 8.)
    The increase in annual cost would result
    in an additional cost to the average residential user of
    approximately $13.84 per year.
    (Pet. at 9.)
    These costs are in
    addition to the $16,042,000 already spent by the District to
    construct the CsO treatment facilities.
    Therefore,
    the District
    maintains that a chlorination disinfection system is “technically
    infeasible to operate and will substantially increase annual
    capital, operational and maintenance costs”.
    (Pet.
    at 9.)
    The District maintains that chlorination is technically
    infeasible because of the difficulty of establishing proper
    chlorine dosages due to the variations in the CSO flow rate,
    solid concentrations and relative short duration in post—first—
    flush flow.
    The District states that:
    The inability to establish a proper chlorine
    dosage could result in either a chlorine
    level so low that the fecal limit would be
    exceeded; or so high that excess chlorine
    concentrations would be released to the
    stream causing a negative impact on the
    stream biota.
    (Pet. at 11.)
    The District further maintains that the receiving stream,
    the Sangamon River,
    is not used as a public water supply within
    100 miles of the District.
    The fecal coliforiu levels in the
    river will be reduced downstream with the completion of the CSO
    treatment facilities.
    However, the District maintains that
    releases from Lake Decatur during wet weather are more likely to
    be the cause of increased fecal coliform levels than the
    District’s being granted the requested relief.
    The District
    further maintains that the four new CSO treatment facilities will
    provide some reduction of the fecal coliform levels downstream.
    (Pet at 9.)
    The District states that the reduction is “due to
    the capture and complete treatment and disinfection of dry
    weather and first-flush—flows, that is equivalent to the primary
    treatment to flows in excess of the first flush”.
    (Pet.
    at 9.)
    With the completion of the four CSO treatment facilities,
    the District maintains that it “will reduce the number of
    overflow events from 94 to 35 annually”.
    (Pet at 11.)
    The
    District states that prior to the implementation of the CSO
    program there were 690.7 million gallons of overflow per year.
    Upon completion of the CSO program, 39.9 million gallons annually
    will be captured in first flush tanks and returned to the sewer
    system for complete treatment.
    I~addition,
    an estimated 650.8
    million gallons will receive the equivalent of primary treatment
    prior to discharge into rivers.
    (Pet. at 11.)
    agency Response
    I 34—38
    I

    4
    The Agency states that it “generally supports the District’s
    petition for adjusted standard”.
    (Res.
    at 7.)
    The Agency agrees
    that there are “difficulties in establishing and maintaining the
    proper chlorine dosage while ensuring an adequate reduction in
    fecal coliform levels and preventing high chlorine residuals”.
    (Res.
    at 4.)
    The Agency further agrees that the CSO treatment
    facilities will reduce the fecal coliform levels in the receiving
    stream and thus the environmental impact of the adjusted standard
    is not significant.
    (Res.
    at 5.)
    The Agency disagrees with the District’s statement that
    fecal coliform water quality violations typically occur in Lake
    Decatur.
    (Res. at 5.)
    The Agency also questions the District
    assertion that there is little or no human contact with the
    receiving stream.
    The Agency stated that it is:
    concerned generally with human health risks
    associated with disinfection exemptions,
    and
    will not generally grant disinfection
    exemptions pursuant to 35 Il.
    Adm. Code
    304.121 for sewage treatment plant discharges
    in residential areas unless there is some
    kind of barrier precluding access to the
    stream.
    (Res.
    at 6.)
    The Agency’s concern with public safety is well taken.
    However, as noted in the Board’s April 23,
    1992 order, no member
    of the public has presented comments to the Board on this matter.
    Further,
    other than expressing the concern about public safety
    and noting the proximity to residential areas of two of the CSO
    treatment facilities, the Agency has not presented any facts
    which persuade the Board that the granting of the adjusted
    standard would be a threat to public safety.
    CONCLUSION
    The Board finds that the District has demonstrated that
    meeting the provisions of the 35
    Ill. Adm. Code 306, the rule of
    general applicability,
    is not technically feasible nor
    economically reasonable.
    Further, the District has demonstrated
    that an adjusted standard which excepts the combined sewer
    overflow from treatment will not have an adverse environmental
    effect.
    The Agency’s response indicates that an adjusted
    standard is warranted.
    Therefore, the Board grants the District
    the following adjusted standard from 35
    Ill. Adm. Code 306:
    The Sanitary District o~Decatur is granted
    an adjustment to the disinfection
    requirements of 35
    Ill. Adm. Code 306.305(b)
    for its discharges from the McKinley Avenue,
    Lincoln Park,
    7th Ward, and South Oakland CSO
    treatment facilities.
    This adjustment allows
    134—3 82

    5
    the Sanitary District of Decatur to discharge
    combined sewer overflows from these
    facilities
    in excess of the first flush
    without disinfecting such flows.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Pursuant to Section 28.1(b), the Board hereby grants an
    adjusted standard from 35 Ill.
    Adm. Code 306.305(b) to the
    Decatur Sanitary District.
    The following standard becomes
    effective on the date of this order:
    The Sanitary District of Decatur is granted
    an adjustment to the disinfection
    requirements of 35 Ill. Adm. Code 306.305(b)
    for its discharges from the McKinley Avenue,
    Lincoln Park,
    7th Ward,
    and South Oakland CSO
    treatment facilities.
    This adjustment allows
    the Sanitary District of Decatur to discharge
    combined sewer overflows from these
    facilities in excess of the first flush
    without disinfecting such flows.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (Ill.Rev.Stat.
    1991,
    ch.
    111 1/2, par.
    1041) provides for the
    appeal of final orders of the Board within 35 days.
    The Rules of
    the Supreme Court of Illinois establish filing requirements.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the abov~opinion and order was
    adopted on the
    ~?3•-’-~
    day of
    ()-i~-~c4~~
    ,
    1992, by a
    vote of
    7—o
    .
    7
    Dorothy M. .4inn,
    Clerk
    Illinois P~yilutionControl Board
    134—383

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