ILLINOIS POLLUTION CONTROL BOARD
April
6,
1995
IN THE MATTER OF:
)
)
PETITION OF THE CITY OF WOOD RIVER
)
AS 94-16
FOR ADJUSTED STANDARD FROM
)
(Adjusted Standard-Water)
TREATMENT
OF
OVERFLOWS
AND
BYPASS
)
REGULATIONS
35
ILL.
ADM.
CODE
)
306.305(a)
and
(b)
)
OPINION
AND
ORDER
OF
THE
BOARD
(by
E.
Dunham):
This matter comes before the Board on a petition for
adjusted standard filed on October 27,
1994 by the City of Wood
River.
The petition seeks an adjusted standard for the combined
sewer overflow treatment requirements of 35 Ill. Adm. Code
305.306(a)
and
(b).
Petitioner waived its right to hearing on
the petition and no request for a hearing was received.
Therefore, no hearing was held in this matter.
The Illinois
Environmental Protection Agency
(Agency)
filed its response to
the petition on February 27,
1995.
Wood River is requesting an adjustment from Section 306.305
so that the City will not be required to provide treatment of the
first flush of storm flows or provide a minimum of primary
treatment and disinfection of an additional ten times the average
dry weather flow from the City’s combined sewer overflows,
provided the City intercept and provide full treatment for up to
4.8 million gallons per day
(MCD)
flow in the 84 inch combined
sewers and the City provide for screening of the overflow in the
84 inch combined sewer prior to discharge.
BACKGROUND
Wood River is
a city with a population of 11,500 people
located in Madison County along the Mississippi River.
(Pet.
at
1.)
The City is served by 36.5 miles of combined storm and
sanitary sewers, together with 7.5 miles of separate sanitary
sewers.
(Pet.
at 1.)
The combined sewer collection system
outlets to the Mississippi River through a single 84 inch outfall
sewer with an estimated capacity of 168.5 MGD.
(Pet. at
1.)
The
primary use of the Mississippi River in the vicinity of the
discharge is barge transportation.
(Pet. at 2.)
Wood River has constructed a regional waste disposal plant
which includes secondary treatment for surrounding communities of
the Village of Hartford, Village of South Roxana, and
unincorporated areas in the Township of Wood River.
(Pet.
at 2.)
The treatment facility has a peak flow capacity of 9.8 MCD and is
not large enough to treat all the flows from Wood River’s
combined sewers.
(Pet.
at 2.)
The plant has facilities for the
interception and full treatment of up to 4.8 MGD.
(Pet.
at 2.)
Facilities have been constructed to provide for the screening of
2
all overflows in the 84 inch sewer prior to discharge.
(Pet.
at
2.)
On December 30,
1985, the City of Wood River and the Agency
filed a joint petition for an exception to the CSO regulations.
On September 17,
1987, the Board granted the City of Wood River a
temporary exception for 35 Ill. Ada. Code 306.305(a)
as such
provision relates to the first flush of storm flows and
306.305(b)
for its combined sewer overflows into the Mississippi
River.
(Joint Petition of Wood River and Illinois Environmental
Protection Agency
(Sept.
17,
1987), PCB 86-6.)
The temporary
exception expired by its own terms on September 30,
1992.
The
Board’s order also contained the requirements that Wood River
intercept and provide full treatment for up to 4.8 MGD; provide
for screening of the overflow; and attempt to acquire the usage
of Amoco’s lagoons for storage and treatment of excess flows.
Wood River has provided the facilities for interception and
treatment of up to 4.8 MCD and has provided for the screening of
overflow in compliance with the Board’s order.
(Pet.
at 4.)
Wood
River has also studied the recommended alternative of utilizing
the Amoco lagoon.
(Pet.
Exh. B.)
The report of the study
concluded that this treatment alternative would not be available
at all times and was not economically justifiable.
(Pet.
at
4..)
In a September 1994 letter to Wood River, Amoco indicated that
Amoco’s needs and uses of the lagoons would not allow any
additional capacity to be utilized by Wood River.
(Pet.
Exh.
D.)
The petition for adjusted standard requests that the level
of CSO interception and treatment established on a temporary
basis in PCB 86-6 be made permanent through an adjusted standard.
REGULATORY
FRAMEWORK
The Board’s CSO regulations are contained in 35 Ill. Adm.
Code 306.
The CSO regulations were amended in R81-17, 51 PCB
383, March 24, 1983.
Section 306.305(a)
and
(b) provide as
follows:
Section 306.305
Treatment of Overflows and Bypasses
All combined sewer overflows and treatment plant bypasses
shall be given sufficient treatment to prevent pollution,
or
the violation of applicable water standards unless an
exception has been granted by the Board pursuant to Subpart
D.
Sufficient treatment shall consist of the following:
a)
All dry weather flows, and the first flush of storm
flows as determined by the Agency, shall meet the
3
applicable effluent standards;
and
b)
Additional flows,
as determined by the Agency but not
less than ten times average dry weather flow for the
design year, shall receive a minimum of primary
treatment and disinfection with adequate retention
time; and
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.
Ada. Code 306 do not contain a
level of “justification” for an adjusted standard, the Board has
held that the substantive requirements of 35 Ill. Ada. Code
306..Subpart D are to be used for justification of an adjusted
standard from the regulations at 35 Ill. Ada. Code 305.
(Petition
of the City of Jacksonville for Adjusted Standard From 35 Ill.
Ada. Code 306.305(b), AS 90—1, August 9,
1990; and City of
Oglesby v. Illinois Environmental Protection Agency, PCB 86-3,
February 6,
1992).
Therefore Section 28.1(b) of the Act applies
to this petition for adjusted standard.
TECHNICAL FEASIBILITY
AND
ECONOMIC REASONABLENESS
In support of its petition Wood River references a 1981
study employed to justify the temporary exception in Joint
Petition of Wood River and Illinois Environmental Protection
Agency
(Sept.
17,
1987), PCB 86-6.
(Exh.
A.)
This study is
pertinent to the present petition as the character of the water
shed area and the makeup of the sewer system have not changed to
any extent since the 1981 CSO study.
As part of the 1981 study, Wood River evaluated five CSO
treatment alternatives.
Of the alternatives studied the Board
found that interception and treatment of up to 4.8 MCD of the
flow,
in addition to screening provided the best solution to Wood
River.
The Board found that two of the alternatives were not
justified economically for a city the size of Wood River.
The
Board also found that the “no action” alternative was not
justified considering the Agency’s recommendation.
The Board
determined that more information was needed on the alternative of
using Amoco’s lagoons before the Board could determine if this
alternative is technically feasible and economically justified.
Implementing the use of Amoco’s lagoons would cost
$3,473,600 in 1993 dollars.
The annualized capital and operating
cost would be $431,083.
It is anticipated that these costs would
increase residential sewer rates by 80.
After further review of
the use of the lagoons, it has been determined that the lagoon
4
system will not be available for use by the City.
Therefore, the
alternative of using the lagoon system is not technically
feasible.
CONSISTENCY WITH FEDERAL
LAW
Section 306.305 implements Section 13 the water quality
standards developed by the State pursuant to the Federal Clean
Water Act
(33 USC S1251 ~
~
The Agency asserts that the
recommended adjusted standard is consistent with Federal law.
(Rec.
at 13.)
ENVIRONMENTAL IMPACT
The effect of the present CSO discharge on the water quality
in the receiving stream remains difficult to measure due to the
large size and variable flow rate of the receiving water.
(Rec.
at 9.)
In granting the temporary exception to the City, the
Board found that the impact from the Wood River CSO discharge is
minimal.
(Joint Petition of Wood River and Illinois Environmental
Protection Agency
(Sept.
17,
1987), PCB 86—6.)
The Agency believes that there will be no measurable adverse
effect on the Mississippi River from the adjusted standard.
(Rec.
at 13.)
The Agency asserts that no designated or attained uses
of the waterway will be impaired by the adjusted standard.
(Rec.
at 13.)
AGENCY RECOMMENDATION
The Agency recommends granting the adjusted standard with
conditions.
(Rec. at 2.)
The Agency recommends additional
language for the adjusted standard to insure that the City
remains in compliance with federal CSO policy.
CONCLUSION
The Board finds that the City has demonstrated that meeting
the provisions of 35 Ill. Adm. Code 306, the rule of general
applicability,
is not technically feasible nor economically
reasonable.
Further, the City 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 City the requested adjusted
standard from 35 Ill. Ada. Code 306(a)
and
(b) with the
conditions recommended by the Agency.
This opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
5
ORDER
Pursuant to Section 28.1(b), the Board hereby grants an
adjusted standard from 35 Ill. Ada. Code 306.305(a)
and
(b) to
the City of Wood River.
The following standard becomes effective
on the date of this order:
The City of Wood River is hereby granted an Adjusted
Standard from 35 Ill. Ada. Code 306.305(a) as such
provisions relate to the first flush of storm flows and
35 Ill.
Adm. Code 306.305(b)
for its combined sewer
overflows into the Mississippi River, subject to the
following conditions:
1.
Wood River shall, as a minimum:
a)
Intercept and provide full treatment for up to 4.8
MGD flow in the 84-inch combined sewer;
b)
Provide for screening of the overflows in the 84-
inch sewer prior to discharge.
2.
The Agency shall revise Wood River’s NPDES permit
consistent with Agency permitting policies to implement
the federal CSO policy.
Wood River shall comply with
the federal CSO policy (published in the Federal
Register on April 19,
1994) as implemented through
their NPDES permit.
3.
This grant of an adjusted standard does not preclude
the Agency from exercising its authority to require as
a permit condition a CSO monitoring program sufficient
to assess compliance with this adjusted standard and
any other Board regulations and other controls,
if
needed,
for compliance with water quality standards.
4.
This grant of an adjusted standard is not to be
construed as affecting the enforceability of any
provisions of this adjusted standard, other Board
regulations or the Environmental Protection Act,
415
ILCS 5/1 et seq.
(1992), the Clean Water Act,
33 U.S.C.
Section 1251 et seq. or any other applicable federal
regulation.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
(415 ILCS
5/41
(1992)), provides for appeal of final orders of the Board
within 35 days of the date of service of this order.
The Rules
of the Supreme Court of Illinois establish filing requirements.
(See also 35 Ill. Ada. Code 101.246, Motion for Reconsideration.)
6
I, Dorothy H. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above opinion
nd order was
adopted
on
the
______________
day of _________________________
1995,
by a vote of
________
Dorothy H. Minn,
Clerk
Illinois P~,YlutionControl Board