ILLINOIS POLLUTION CONTROL BOARD

May

18,

1984

CITY OF

HERRIN,

v.

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

OPINION AND

ORDER

OF THE BOARD

(by

3.

Theodore Meyer):

The City of Herrin

(City)

filed a Petition for Variance

with

the Board on November

7,

1983 seeking relief from the

Standards

of Issuance requirements of Subtitle

C:

Water Pollution found

at

35

Ill.

Adm.

Code 309.241

(formerly Rule 962 of Chapter

3).

Petitioner wants to construct and operate a sewer extension

to

service residential

homes

in Duncan~sFirst Home Addition

to

replace existing, malfunctioning private septic

systems.

However~

Petitioner~swastewater treatment facility has been subject to

Restricted Status since April

29,

1980,

(Rec,

p.

2).

Without

relief, Petitioner would be barred from such activity.

In response

to a Board Order requesting more information,

Petitioner filed an

Amended Petition on January

11,

1984.

As directed by a January

12,

1984

Board order, Petitioner served all the residents of

Duncan~sFirst Home Addition (Duncan~s)and filed

proof of

service

on February

27,

1984.

The Agency~sRecommendation, advocating

a

grant of variance,

was

filed on March 13,

1984.

No

hearing was

held,

Petitioner having waived the same.

(Pet,

p.

8),

There

are

twenty-seven residential homes in

Duncan~s,

On

the

average,

they were built fifty years

ago.

The

septic

systems

servicing

these

homes range

in age between twenty to thirty—five

years, which is greater than the anticipated useful

life,

The

systems~

malfunctioning

is

causing direct discharges and partially

treated discharges

of sewage

to

nearby ditches and ground surfaces~

Both

the

City and the Agency agree that the problem constitutes a

public health threat which must be corrected.

Of

the twenty—seven homes in Duncan~s,twenty—one would have

to be connected via the new sewer extension to the City~swastewater

treatment plant, which is under Restricted Status,

The

alternative

would be for the residences to install new individual septic systems.

in its original Petition, the City estimated that

this alternative

would cost $3,850 per residence,

(Pet.

p.

7).

The Amended

Petition revised the estimated cost to $2,740 per residence.

58~127

---

This figure was based on installation of sand filters, chlorina-

tion systems and effluent pumps.

(Am.

Pet,

p.

2),

It is due to

the poor percolation rate of the area~ssoil that

the new sand

filters would

be

necessary.

The

approximate

cost

to

replace

twenty~ofle

septic

systems,

would,

therefore,

be

$57,540,

In

its

Recommendation,

the Agency

agreed

that

this

estimate

was

reasonable,

(Rec. p.

9).

In

addition

to the cost to the individ-

ual residences, the City

alleged

that

the area’s drainage ditches

would have to

be changed

to handle discharges

and eliminate

mosquito breeding

areas.

On the

other hand, the City estimated that extending sewer

service to the twenty—one homes would cost approximately $20,511,

(Pet.

p.

7),

The Agency commented that this estimate seemed

low

for

installing

one—half mile of

8 inch sewer and ten manholes.

However,

since

Petitioner will provide the labor and no pavement

needs to be removed

and

replaced, the Agency

conceded that

the

cost might be accurate.

(Rec. p.9).

The City~swastewater treatment plant

was put on

Restricted

Status in 1980

because of continuing excursions of the final

effluent limitations

then contained

in

its NPDES permit.

Final

limitations were in

effect

because the City had

failed

to take

all timely grant actions in the Construction Grants Program.

Presently, there is

a draft NPDES permit issued

for the

facility

which contains interim

and

final effluent limitations.

The

interim limits

are included because the

City

has made progress

in

the grants program.

In its Recommendation,

the

Agency noted

that

these interim limits

can be

extended until July,

1988 if the

City

continues to make progress in the federal

program.

The City~splant has a design average flow of

1.2

million

gallons per day.

itS

discharges are emptied into

an unnamed

tributary to the Big Muddy River,

According

to the Agency~s

Recommendation,

its inspections have revealed

bypassing during

almost every measurable rainfall.

(Rec,

p.

9).

The

draft NPDES

permit contains

conditions

for

such bypassing in

accordance

with

35 111~Adm, Code 306.103(a)

and

(c).

However,

one of the

plant~s

two outfalls often exceed these limitations.

(Rec. pp.

4—5).

It

is suspected that the plant~sbypasses, in addition to mine waste

discharges and vegetative deposits into the Big

Muddy, cause

water~quaiity

problems

downstream.

In addition

to these

problems

basement back—ups and

sewer

system overflows occur during wet

weather,

(Rec,

pp. 9—10).

However, the Agency could not deter~

mine if the additional

flows from Duncan~swould aggravate the

problem and it still

recommended that variance be granted.

(Rec.

pp, 10~11).

On November 29,

1983 the

United States

Environmental Protec-

tion Agency issued a

Step

1

grant to the

City.

This grant

is

essentially for

design and

construction

of minor sewer rehabi1ita~~

tion in order

to obtain accurate

flow data to

be utilized in a

revised facility plan.

The Agency~sRecommendation included

a

time schedule

for

this Step

1

grant to be

implemented.

A total

58~128

---

of 4~0

days

from

the

date

of

issuance

was

provided

for

planning,

rehabbing

an~ monitoring

the

sewers.

This

schedule

puts

the

City

twentv~’

two

months

behind

the

schedule

contained

in

another

Variance

granted

by

the

Board

in

~~Z_of

Herrin

v.

IEPA,

PCB

82-148

on

~pri1

21,

1983.

(52

PCB

71).

That petition

was

much

the

same

as

this

Variance,

allowing

nineteen

homes

to

replace

private

septic

systems with City

sewer

service.

The

Agency’s

Recommendation

indicates that the City was

10 months behind schedule at the time

that variance was filed due to its own incomplete and late filings

and because it had been awaiting Step

2 funds under the State’s

Anti—Pollution Bond Act Fund.

The City has since switched to the

federal grant program.

As

requested

by

the

Board,

the

City

commented

on

the

feasi-

bility

and

cost of installing water

saving

devices in the homes

to

he

connected

by

the

new

sewer

extension.

The

City

acknowledged

that it

could adopt an ordinance requiring all new tap—ons to the

sanitary

system

to

install

water

saving

devices

on

plumbing

fixtures

before

tap—on

permits

would

be

issued.

The

City

est.~et~.

that

installation

and

the

fixtures

would

cost

approximately

Y0

per

residence.

Based

on

average

domestic

sewage

discharge

pe~

househo~d

per

month,

sewage

discharge

per

household

could

be

reduced

from

3,900

gallons

to

2,340

gallons.

Overall,

from

th~

twenty-one homes

involved,

a

reduction

of

42,120

gallons

per

month, or 1,380 gallons per day could be realized.

(An.

Pet..

~

3,~4),

The

Board

finds

that

the

public

health

threat posed by

the

malfunctioning

septic

systems

justifies

a

grant

of

variance

for

the

connection

of

the

twenty-one

homes

identified

and

served

):~v

Petit.ioner.

However,

to

minimize

the

impacts

to

the

City’s

wastewater

treatment

plant

and

the

Big

Muddy

River

the

Board

wi 11

condition

granting

the

variance

upon

the

City’s

adoption

of

an

ordinance

which

requires

water

saving

devices

to

be

installed

orior

to

aotual

tap—ons

by

the

twenty—one

homes

subject

to

this

~ri~ince

This

Opinion constitutes

the

Board’s

findings

of

fact

and

~cnclncions of law

in

this

ORDER

~ie

City

of

Herrin

is

granted

variance

from

35

111.

Adm~

Code 09~241

for

the

purpose

of constructing and operating

a

sewer

extension

to

service

the

twenty—one

residences

in

Duncan

s

~‘~nt

Home

Addition

in

the

City

of

Herrin

which

were

served

Notice of this

Petition.

Prior

to

permitting

any

actual

tap—ons

the

City

o~

Herrin

shall

adopt

a

city

ordinance

which

requires

that

flc~ restricters

in

faucet—heads

and

toilet

dams

be

installei

in

residences

as

a

prerequisite

to

new

sewer

tap—on

permits

being

issued

by

the

City.

A

copy

of

that

adopted

ordinance

is

to

58429

---

—4—

sent to the Clerk of the Board and to the Division of Water

Pollution,

Illinois Environmental Protection Agency,

2200 Churchill

Road, Springfield,

IT IS

SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Opinion and Order

wasadopted on the

~

day of

,

1984 by a vote of

Christan

L.

Moff’e~V Clerk

Illinois Pollution Control

Board