ILLINOIS POLLUTION CONTROL BOARD
    August 7, 1980
    CITY OF EAST PEORIA,
    )
    Petitioner,
    v.
    )
    PC13 80—27
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):
    The City of East Peoria filed a Second Amended Petition
    for Variance from Rule 404(c) of the Illinois Pollution Control
    Board Rules and Regulations, Chapter 3: Water Pollution, on
    May 27, 1980. The City seeks to be allowed to discharge secondary
    effluent to outfall 002 during periods of effluent pump failure,
    at the same effluent standards as currently specified in the
    NPDES permit (IL0028576) for outfall 001, until such time as
    the Facilities Plan Improvements are constructed under the
    Grants Program.
    The East Peoria STP #1 presently has two outfalls permitted
    by its NPDES permit. Outfall 001 discharges directly into
    the Illinois River, which provides a greater than 5 to 1
    effluent dilution, and in accordance with Rule 404(h), the
    permit has limits of 20 mg/i BOD5 and 25 mg/l suspended solids.
    When flows to the plant exceed 5.8 MGD, the excess flow is
    bypassed to a settling basin that discharges through outfall
    002 to a 550 foot drainage ditch (ditch “A”), then to a 1250
    foot ditch from where it is pumped into the Illinois River.
    Since the ditch provides a dilution of less than 1 to 1,
    the permit reflects Rule 404(c)’s limitations of 10 mg/i
    BOD5 and 12 mg/i suspended solids.
    The
    existing effluent pump is plagued by failures due
    to plant expansion in 1969 which resulted in its being used
    in a manner for which it was not designed. As a result, failures
    occur approximately 3 months of the year with total yearly
    treated effluent discharge to Ditch “A” of approximately
    162 MG. Between $25,000 and $30,000 has been spent to improve
    the existing pump without success.
    In the past when the pump failed the effluent was discharged
    into a storm water basin and from there to Ditch “A” and the
    Levee District pumps. Because the storm water basin is used
    —2—
    to collect and provide some primary treatment for wastewater
    flows in excess of capacity, if it becomes necessary to bypass
    into Ditch “A” before the basin is cleaned to remove settled
    sludge, the fully treated effluent will pick up contaminants
    present in the basin and its quality will deteriorate between
    the plant and the River.
    The proposed solution to this problem is to install a
    properly designed duplex pumping system with controls and
    to enlarge the existing wet well. A pre—application (No.C172310)
    has been submitted to the Federal Grants Program (current
    priority number is 937). Improvements are estimated to take
    23 months after the federal grant is received.
    The City has now installed an additional bypass so that
    the secondary effluent can de discharged directly into Ditch “A”
    and need not pass through the storm water basin during periods
    of effluent pump failure. It is for this purpose that the
    variance has been requested.
    The City estimates the cost of upgrading the facility
    at over $122,000. If it were required to dO so with its own
    funds, it would suffer hardship to the extent of lost federal
    funding (75 of $122,000 or $91,500). Further, immediate
    upgrading of the pumping facility is impractical since “a
    premature pumping design might not be compatible with the
    total plan for plant improvement” (Second Amended Pet. p.2,
    para. 6).
    The City further states that the environmental impact
    of granting the variance will be small because the discharge
    will impact only 1800 feet of ditch which is presently permitted
    as a storm water bypass and may under certain conditions
    receive effluent more degraded than that which Petitioner
    now proposes to discharge to it. The land surrounding these
    ditches is a low, fill—type area zoned for industrial use,
    but is presently undeveloped and likely to remain so until
    the implementation of the improvements.
    The Agency is does not contradict these statements.
    While Board policy has been, and still is, to oppose the
    issuance of variances which are sought to relieve liability
    from possible, future emergency situations (see PCB 75—63
    (December 18, 1975) and PCB 77—200 (August 4, 1977)), the
    facts of this particular case remove it from the normal class
    of “emergency variances.” Here, the problem is recurrent,
    often of considerable duration and presently unavoidable.
    Further, the conditions of the Order below should result in
    a treatment program which will avoid the problem in the future.
    The Board agrees that failure to provide the requested
    relief would impose an arbitrary and unreasonable hardship
    under these circumstances, and that any environmental damage
    —3—
    will be minimal. Therefore, the City will be granted a variance
    from Rule 404(c) for a period not to exceed 5 years and subject
    to the Agency—recommended conditions incorporated in the
    Order below.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    The City of East Peoria is hereby granted a variance
    from Rule 404(c) of Chapter 3: Water Pollution Rules and
    Regulations for a period to terminate upon grant—funded
    upgrading of the pump and wet well at its STP #1 facility,
    but in no event to exceed 5 years from the date of this order,
    subject to the following conditions:
    1. Wet well bypasses shall be discharged to Ditch “A”
    and will not be passed through the storm water basin.
    2. When secondary effluent is being discharged to the
    drainage ditch the point of discharge to the ditch
    shall be designated outfall OO1A and shall be monitored
    5 times per week by a composite sample. All NPDES
    permit requirements for outfall 001 shall apply
    to OO1A including the reporting of monitoring results
    on DMRs and, in addition, the number of hours per
    month that effluent is discharged from outfall OO1A
    shall be reported on DMRs.
    3. Discharge to the ditch shall only be allowed when
    the wet well pump is inoperative.
    4. The City shall maintain a spare parts inventory,
    operate and maintain the pump consistent with good
    engineering practices, and repair the pump as
    expeditiously as possible when it fails.
    5. The Agency shall modify East Peoria’s NPDES permit
    consistent with this Order.
    6. The Petitioner shall submit within 45 days of the
    granting of this variance, a certificate of acceptance
    in the form below:
    CERTI
    F
    ICA TI ON
    The City of East Peoria (Petitioner), hereby
    accepts
    and agrees to be bound by all terms and conditions of the
    order of the Pollution Control Board in PCB 80-27, dated
    August 7, 1980.
    Petitioner
    By
    —
    Title
    Date
    authorized agent
    IT IS SO ORDERED
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and
    Order was adopted on the
    day ~
    1980 by a
    vote of
    ~..p
    Illinois Pollut Control Board

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