ILLINOIS POLLUTION CONTROL BOARD
May 17, 2001
IN THE MATTER OF:
PETITION OF THE CITY OF SYCAMORE
FOR AN ADJUSTED STANDARD FROM
35 ILL. ADM. CODE 304.121 AND 35 ILL.
ADM. CODE 306.305(b)
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AS 01-5
(Adjusted Standard - Water)
ORDER OF THE BOARD (by N.J. Melas):
On September 25, 2000, the City of Sycamore (Sycamore) filed a petition for an
adjusted standard pursuant to Section 28.1 of the Environmental Protection Act (Act). 415
ILCS 5/28.1 (1998). Sycamore requests that the Board grant it an adjusted standard from 35
Ill. Adm. Code 304.121 and 306.305(b). Section 306.305(b) of the Board’s regulations applies
to Sycamore’s treatment of effluent from its excess flow treatment facility (EFTF) that is part of
its wastewater treatment plant (WWTP). Section 304.121 of the Board’s regulations applies to
bacteria in the effluent from its EFTF. The EFTF provides primary treatment only without
disinfection.
Sycamore is located in DeKalb County, Illinois. The WWTP discharges into the
Kishwaukee River. The WWTP includes an excess flow treatment facility (EFTF). The EFTF
does not have disinfection. In applying for an adjusted standard, Sycamore seeks to avoid the
requirement to install a disinfection system for the EFTF. Pet. at 1-3.
On November 2, 2000, the Board found several deficiencies in Sycamore’s original
petition. The petition did not adequately address certain proof required by Section 28.1(c) of
the Act (415 ILCS 5/28.1(c) (1998)). The Board ordered that Sycamore file an amended
petition for an adjusted standard and address the deficiencies in the amended petition. See
In re
Petition of City of Sycamore (November 2, 2000), AS 01-5. Sycamore filed its amended
petition on March 6, 2001.
Although Sycamore addressed most of the deficiencies from the original petition in the
amended petition, there were still two deficiencies that Sycamore did not address.
1.
Sycamore did not address factors related to it that are substantially and
significantly different from the factors relied upon by the Board in adopting the
general regulation applicable to Sycamore. Sycamore must address these factors.
See 415 ILCS 5/28.1(c)(1) (1998).
2.
Section 304.121(a) of the Board’s regulations states that effluents discharged to
all general use waters shall not exceed 400 fecal coliforms per 100 ml unless the
Illinois Environmental Protection Agency (Agency) determines that an alternative
effluent standard is applicable pursuant to Section 304.121(b). Section
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304.121(b) of the Board’s regulations states that the effluent must not cause
downstream waters to exceed the applicable fecal coliform water quality
standards at Sections 302.209 and 302.306 of the Board’s regulations. Waters
that cannot support primary contact uses are exempt from the water quality
standard at Section 302.209. Section 302.306 of the Board’s regulations
provides the fecal coliform standards for public and food processing water
supplies.
In its first amended petition, Sycamore stated that Kishwaukee River downstream
of the WWTP (including a segment of the Kishwaukee downstream of the
confluence with the East Brand and South Branch) cannot support primary
contact use and thus is exempt from the water quality standards for fecal coliform
at Sections 302.209 and 302.306 of the Board’s regulations. Am. Pet. at 16-17.
Sycamore attached its NPDES permit and claimed that the permit proved the
exemption. Am. Pet at Exh. 4. The permit sets a fecal coliform limit for
effluent from Sycamore’s WWTP, but the permit does not prove that the
Kishwaukee River downstream of the WWTP is exempt from the general use
water quality standard for fecal coliform at Sections 302.209 and 302.206.
Sycamore must submit proof that the Kishwaukee River downstream from the
Sycamore WWTP is exempt from the general use water quality standards for
fecal coliform and the fecal coliform water quality standards for public and food
processing water supply. See 35 Ill. Adm. Code 304.121(b)(1)(B). The proof
must include an accurate description of the length of the segment of the
Kishwaukee River that Sycamore claims is exempt from the fecal coliform
standards.
Sycamore may submit Agency documents as proof of the exemption. If
Sycamore cannot submit proof of the exemption from the Agency, then
Sycamore must submit all of the following: Sycamore must indicate the average
depth of the segment of the Kishwaukee that it claims is exempt. Sycamore must
also indicate the presence of any pronounced deep pools there. Although
Sycamore states that there are fences, brush, and fallen trees in the stream bed of
the East Branch of the South Branch of the Kishwaukee (Am. Pet. at 6, 14),
Sycamore must indicate if these obstacles prevent access or primary contact
activities. Sycamore must also indicate the physical obstacles that prevent access
downstream of the confluence of the East Branch and the South Branch in the
exempt segment of the Kishwaukee. Sycamore describes the land use adjacent to
the Kishwaukee downstream from the WWTP (Am. Pet. at 6, 14, 16-17).
However, Sycamore must indicate how the land use discourages primary contact
activities in the segment of the Kishwaukee that it claims is exempt. Finally,
Sycamore must present fecal coliform die-off modeling from the point of its
discharge to the end of the segment of the Kishwaukee that Sycamore claims is
exempt. The modeling must account for contributions of additional downstream
sources of fecal coliform.
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The Board therefore directs petitioner to address Section 28.1(c)(1) of the Act and the
fecal coliform exemption in an addendum to the first amended petition. The addendum must be
filed with the Board by June 18, 2001, or this matter will be dismissed. The Agency shall file a
recommendation in this matter within 30 days after the addendum is filed with the Board. See
35 Ill. Adm. Code 104.416(a).
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 17th day of May 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
