ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    January
    27, 1971
    SPRINGFIELD
    SANITARY
    DISTRICT
    )
    )
    )
    v.
    )
    #PCB 70—32
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    )
    Opinion
    of
    the
    Board (by Mr.
    Currie):
    The Springfield Sanitary District petitions for permission
    to discharge ten million gallons of raw sewage daily to Spring
    Creek for 30 working days while repairing an interceptor sewer.
    The Envirenmental Protection Agency and innumerable affected citizens
    vigorously object, and the Agency in a counterclaim asks us to
    order that the sewer be corrected forthwith without discharging
    raw sewage.
    We agree with the Agency.
    Normally
    the
    Sanitary
    DIstrict
    gives
    its
    sewage
    secondar
    treatment,
    and
    in
    accordance
    w±thRules
    and
    Regulations
    SWB—l
    is
    buIlding
    additional
    improved
    facilities
    CR.
    67).
    Twice
    already,
    however, an old interceptor sewer has ruptured, causing the dis-
    charge of raw sewage into
    Spring
    Creek (R~21).
    The results of sewage discharges to Spring Creek, as expected,
    have been unsavory.
    DurIng a July rupture dissolved oxygen levels
    went down below one mg/i
    (3.
    63); sludge deposIts have been found
    on the
    cst
    ream bottom
    (R. 297); fish have been killed in the Sangamon
    RIver 5ownstream from its confluence with Spring Creek
    (B.
    330—32);
    the water in the creek has been black and smelly
    (B. 332—33); bottom
    organisms in the River itself are far more indicative of pollution
    below the confluence of Spring Creek than above
    CR.
    285—90).
    There
    W no suggestion that these conditions are attributable to sources
    other than the Springfield Sanitary District.
    The District
    testifled that “there is a very definite danger” that another
    rupture may occur at any time
    (B.
    55).
    It is perfectly plain that the existence of a sewer likely
    to break and discharge raw sewage to a small stream constitutes
    a ~crious water pofluticn hazard.
    The possible adverse effects
    of such a break are indeed the reasos for the Sanitary District’s
    variance
    request.
    ThLs ce.se flts squarely Intc the statutory
    181

    provision that
    “no person shall.
    .
    .threaten.
    .
    .
    the discharge
    of any contaminants.
    .
    .
    so as to cause.
    .
    .
    water pollution
    in
    Illinois.
    .
    .or so as to violate regulations or standards’
    (Environmental Protection Act,
    § 12(a)).
    The word
    “threat”
    does
    not imply a deliberate or belligerent act or an open statement of
    intention;
    it refers in this context to the existence
    of
    a hazard,
    and is intended
    to permit the Board to act before the pollution
    actually
    takes place.
    Without such authority the Board could
    only lock the stable after the horses have been spirited away.
    It is plain from the above summary of the evidence that
    another rupture could very well “create
    a nuisance,’ or be
    “detrimental or injurious
    to public health,
    safety or welfare,
    or to domestic,
    commercial,
    industrial, agricultural,
    recreational,
    or other legitimate uses,
    or to.
    .
    .fish,
    or other aquatic life,”
    ~
    3 (n),
    and therefore cause water pollution
    as defined in the
    statute itself.
    Moreover,
    a rupture could release
    to
    the stream
    “substances,
    .
    .
    that will settle
    to form putrescent
    or otherwise
    objectionable sludge deposits; or which will
    form bottom deposit.s
    that may be detrimental to bottom biota” and
    “materials
    producing color, odor or other conditions in such degree as
    to create
    a nuisance,”
    all in violation of Rule 1.03(a)
    and
    (c)
    of SWB—14,
    which remains in effect by virtue of section
    49
    of the Act, and
    could reduce dissolved oxygen in the creek below the levels of
    5.0 mg/i
    for 16 hours per day
    and 4.0
    at any time,
    as prescribed
    by Rule
    1,05
    (a) of the same regulations.
    The latter Rule specifies
    that the Sanitary Water Board
    “may declare specific streams or
    head water sections of streams
    to be unsuitable
    for sustaining
    fish and aquatic life;’ no
    such declaration has been made
    for
    Spring Creek, and consequently the dissolved oxygen standard is
    applicable.
    The Sanitary District suggests that compliance with SWB-~l4
    is not required until July 1972
    (R.87), but we disaaree.
    That
    is
    the date set by
    the implementation plan
    (Rule
    1.08, parasraph
    14)
    for “construction of municipal treatment works improvements
    to
    adequately meet
    these water quality standards.”
    It
    is
    the equivalent
    of
    a variance given to those who must build
    new plants in order
    to treat
    their discharges.
    It does
    not exempt those who have
    such facilities
    from compliance with
    the standards
    until 1972.
    And the Sanitary District’s present problem is not one falling
    within the delayed compliance provision of Rule 1.08’s paragraph
    14.
    Finally,
    there is no merit
    to the District’s apparent suggestion
    that, because SWB—l4 does not prescribe
    a biolo~icalstandard
    in
    terms of bottom organisms,
    tests showing the presence
    of pollution-
    tolerant organisms
    are irrelevant
    (R.306).
    Such tests are clearly
    relevant to
    the question of adverse effects upon aquatic life,
    ~qhicb
    indicate pollution under
    the statute itself.
    The prescription
    of specific
    ~equ1ations
    croverning
    a stream does not and cannot
    repeal
    the
    statutory prohibition against causing water pollution,
    which applies whether or not
    the regulations themselves are
    also
    ~riolated,
    I
    182

    We
    therefore
    find
    that
    the
    Springfield
    Sanitary
    District
    has
    threatened
    to
    discharge
    contaminants
    so
    as to cause water pol-
    lution and so as to violate SWB—l4,
    all in violation of section
    12(a)
    of the Environmental Protection Act.
    The District proposes
    to correct this violation by committing
    another,
    that
    is,
    by bypassing
    raw sewage directly to the creek
    while
    repairing
    the
    sewer.
    To
    do
    so
    would
    violate
    section
    12(a)
    for
    the
    reasons
    given
    above.
    We
    find
    it
    wholly
    unpersuasive
    that
    the
    oroposed
    bypass
    is
    scheduled
    for
    the
    winter.
    It
    is
    true
    that
    biochemical
    oxygen
    demand
    is
    exerted
    more
    slowly
    at low temperatures,
    so
    that
    the
    immediate
    effect
    on
    dissolved
    oxygen
    values
    would
    be
    less
    dramatic
    (R.25)
    .
    But
    the
    record
    is
    clear
    that
    raw
    sewage
    is
    likely
    to form objectionable sludge deposits on the stream
    bottom,
    which
    exert
    a
    continuing
    oxygen-depleting
    effect
    (R.l62—66)
    and
    which
    smother
    desirable
    bottom-dwelling
    organisms
    (R.296).
    It
    is
    also
    clear
    that
    the
    discharge
    is
    likely
    to
    be
    very
    smelly
    and
    very
    unsightly
    (R.229);
    that
    children
    often
    play
    near
    the
    ditch
    that
    would
    be used
    for
    bypassing
    (R.226);
    and
    that
    raw
    sewage
    contains
    enormous
    numbers
    of
    bacteria
    (R.l65),
    some
    of
    which
    are
    likely
    to
    be
    dangerous.
    ~‘1ithout
    receiving
    additional
    testimony
    to
    the
    same
    effect,
    it
    is
    abundantly
    obvious
    that
    the
    proposed
    bypass
    would
    cause
    water
    pollution
    and
    violate
    both
    the
    statute
    and
    SWB—14,
    Rule
    1.03.
    The
    District
    claims
    that
    it will
    suffer
    hardship
    if
    it
    cannot
    bypass
    the
    sewage
    because
    to
    oump
    the
    sewage
    around
    the
    repair
    zone
    and
    transport
    it
    to
    the
    plant
    for
    treatment
    would
    cost
    an
    estimated
    $75,000
    as
    compared
    with
    $67,090
    for
    the
    repair
    work
    itself,
    and
    that
    the
    extra
    money
    is
    simply
    not
    available
    in
    its
    budget
    (R,23),
    It
    is
    clear
    that
    pumping
    the
    sewage
    around
    the
    repair
    zone
    is
    feasible;
    EPA
    testified,
    without
    contradiction,
    that: Decatur
    had
    done
    just
    that.
    when
    confronted
    with
    a
    similar
    problem
    not
    long
    before
    (R.346).
    EPA
    also
    challenged
    the
    $75,000
    estimate,
    which
    was
    obtained
    without
    competitive
    bidding
    (101—02)
    and
    offered
    evidence
    that pipes
    used
    in
    the
    pumping
    operation
    could
    be
    sold
    for
    other
    uses
    afterwards
    in
    order
    to
    reduce
    costs
    (R.348-49).
    We think
    $75,000,
    if
    that
    much
    be
    required,
    is
    well
    worth
    spending
    in
    order
    to
    avoid
    desecrating
    Spring
    Creek
    once
    again
    with
    raw
    sewage.
    The
    cost
    of
    avoidincr
    pollution
    during
    repairs
    is
    a
    part
    of
    the
    cost
    of
    sewage
    collection
    and
    treatment,
    and
    it
    should
    be
    borne
    by
    the
    citizens
    of
    the
    Sanitary
    District.
    There
    is
    no
    proof
    that
    to
    spend
    th:Ls
    money
    would
    inflict
    an
    arbitrary
    or
    un-
    reasonable
    hardship.
    The
    District
    testified
    that
    it
    had
    authority
    to
    issue
    bonds,
    if
    ordered
    to
    by
    this
    Board,
    in
    order to finance
    the
    pumping
    facilities
    to
    avoid
    noilution,
    and
    that
    it
    had by no
    means
    reached
    the
    :Lis;its
    of
    its
    bonding authority
    (Ft.
    317.)
    We

    shall order
    the District
    to issue the bonds if they are needed.
    Section
    46
    of the Act makes
    a referendum unnecessary in such cases.
    The District
    says it will comply with
    such an order
    (R.26,362).
    The request
    for a variance is denied;
    the District is ordered
    to repair
    the offending sewer posthaste without bypassing sewage
    to the waters of the State,
    and to issue bonds if necessary
    to
    finance the
    job.
    This opinion constitutes
    the Board’s-findings
    of fact and conclusions
    of law.
    ORDER
    The Pollution Control Board having considered the record in
    this
    case,
    it is hereby ordered as follows:
    1.
    The petition
    of the Springfield Sanitary District
    for
    a
    variance to permit bypassing of sewage
    to Spring Creek
    during sewer repair is denied.
    2.
    The Springfield Sanitary District shall within thirty
    days from the date of
    this order submit to the Environ-
    mental Protection Agency
    firm
    plans
    for repairing
    the
    interceptor sewer in question as expeditiously as
    is
    practicable,
    and without bypassing sewage.to the waters
    of Illinois.
    3.
    Upon approval of these plans
    -the District
    shall carry
    out such repair as expeditiously
    as is practicable,
    and
    in no event shall
    the completion
    of
    the
    project
    be
    delayed beyond May
    1,
    1971.
    4.
    The Springfield Sanitary District shall issue, without
    referendum,
    such revenue or general obligation bonds as
    may be necessary to finance the above improvements,
    including the cost of facilities
    to avoid.bypassing
    sewage
    to the waters of Illinois.
    5.
    The Springfield Sanitary District shall not discharge
    sewage to the waters of Illinois
    as
    a result of repairs
    to
    the interceptor sewer in issue.
    I, Regina E.
    Ryan, Clerk of the Pollution Control Board, hereby
    certify that the Board adopted the above opinion and order
    this
    27th day of January,
    1971.
    /
    /
    Regina
    F.
    Ryan
    Clerk
    of
    the
    Board

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