ILLINOIS POLLUTION CONTROL BOARD

April 4,

1996

IN MATFER OF:

)

PETITION OF ILLINOIS DEPARTMENT

)

AS 96-5

OF TRANSPORTATION, DISTRICT 8 FOR)

(Adjusted Standard

Water)

AN ADJUSTED STANDARD FROM 35111.)

Adm. Code 304.124

)

OPINION

AND

ORDER OF

THE

BOARD

(by G.T. Girard):

On October 19,

1995,

the Board granted the Illinois Department of Transportation

(IDOT) an

adjusted

standard from

Iii. Adm.

Code 304.124 for iron

(total) discharged from

the IDOT deep well system

known as the Venice System outside Venice,

Madison

County,

Illinois.

(Petition of IDOT for an

adjusted

standard

from

Iii. Adm.

Code 304.124), AS9S-

8, (October

19,

1995).

On November

15,

1995,

IDOT filed a motion to reconsider the

Board’s October 19,

1995,

opinion and order.

With

the motion,

IDOT

filed an amended

petition seeking an adjusted standard

from 35

Ill.

Adm. Code 304.124 for total suspended

solids as well as iron.

On December 20,

1995,

by order of the Board,

the amended petition

attached to

the November

15,

1995,

motion to reconsider was docketed in this docket

as a new

petition for adjusted

standard.

In its petition, IDOT waived hearing in this matter and

the Board has

received no

requests for

a hearing.

Therefore no hearing was held.

On December 20,

1995,

the Board

received a response

from the Illinois Environmental Protection

Agency (Agency)

recommending that the adjusted

standard be granted.

Based upon the record and upon

review

of the factors involved

the consideration of adjusted standards, the Board finds that IDOT

has demonstrated that the adjusted

standard

is warranted.

Therefore,

the Board will grant the

requested adjusted standard with conditions

for

the reasons discussed below.

ADJUSTED STANDARD PROCEDURE

The Board’s

responsibility in

this matter arises from the Environmental

Protection

Act

(Act) (415 ILCS

5/1

et seq.).

The Board is charged

therein

“determine,

define and

implement the environmental

control standards applicable in

the State of Illinois”

(415 ILCS

5/5(b))

and to

“grant***an adjusted

standard for persons who can justify

such an adjustment”

(415 ILCS 5/28/1(a)).

More generally,

the Board’s responsibility in this matter

is based on

the system of checks and balances integral to Illinois environmental governance:

the Board is

charged with

the rulemaking and principal

adjudicatory functions, and the Agency is

responsible for carrying out the principal administrative duties.

The

Act provides that a petitioner may request and the Board may grant, an

environmental

standard that is different from

the standard that would otherwise apply to the

petitioner pursuant to a rule of general applicability.

Such a standard is called an

adjusted

standard.

The general procedures

that govern

an adjusted

standard proceeding are found at

Section 28.1

of the Act and within

the Board’s procedural rules at 35

Ill. Adm.

Code 106.

Where, as here,

the regulation of general applicability does not specify a level of

justification required

for a petitioner to qualify for an adjusted

standard, the Act at

Section

28.1(c)

specifies

four demonstrations that must be made by a successful petitioner:

Factors relating

that petitioner are substantially and significantly different

from the factors relied upon

the Board in adopting

the general regulation

applicable to

that petitioner;

The existence of those factors justifies an adjusted

standard;

The requested standard will not result in environmental or health effects

substantially or significantly

more adverse than

the effects considered by

the

Board

in adopting

the rule of general applicability; and

The adjusted

standard is consistent with

any applicable federal law.

RULES OF GENERAL APPLICABILITY

IDOT seeks an

adjusted standard

from the Board’s regulations for additional

contaminants contained in

Ill.

Adm.

Code 304.124 that provides in

pertinent part:

Section 304.124

Additional Contaminants

No person

shall cause or allow the concentration of the following

constituents

any effluent to exceed

the following levels,

subject to the

averaging

rules contained

Section

304.104(a).

STORET

CONCENTRATION

CONSTITUENT

NUMBER

mg/L

Iron (total)

01045

2.0

Total Suspended

Solids

00530

15.0

***

Unless

otherwise indicated,

concentrations refer to the total amount of

the constituent present in all phases, whether solid, suspended or

dissolved,

elemental or combined,

including all

oxidation

states.

Where

constituents are commonly measured as other than total, the word “total”

is inserted for clarity.

***

FACILITY DESCRIPTION

IDOT owns and operates

seven deep wells which comprise a single well field known as

the Venice System.

(Pet. at

3.)’

The Venice System

operates along a levee near the Illinois

Route

3 railroad viaduct

in Venice,

Madison

County, Illinois.

(Ag.

at 4.)

These

wells are

used exclusively

to pump water,

through a common

header pipe,

to the Mississippi

River for

water table control at the viaduct.

(Pet. at 3;

Ag.

at 4.)

this location under the railroad

viaduct,

Illinois Route 3

has an

average daily vehicle load of 8,400, and without pumping, the

road

would be impassable.

(Ag.

at 4.)

Due to naturally occurring iron concentrations,

the ground water pumped from

the

Venice System

may cause exceedence of the effluent standards for dissolved iron and total

suspended

solids (TSS)

as set forth in

Section 304.124.

(Pet.

at 3.)

The groundwater in

this

system is “not known

to have been contaminated by any human activity”.

(Ag. at 4.)

The

dissolved iron in

the groundwater

“quickly combines with the oxygen

in the air to form

insoluble iron oxide”.

(id.)

The flow rate ranges from a maximum rate of six

million gallons

per day (mgd) or 9.3 cubic feet per second

(cfs) to an

average rate of 4.3

mgd or 6.7 cfs.

(Ag. at 4-5.)

The discharge commonly

contains more than the effluent limitation of 2.0

milligrams per liter (mg/L) of total iron and

mg/L of TSS.

(Ag. at 5.)

RELIEF REQUESTED

IDOT is asking for an adjusted

standard to allow IDOT to discharge into

the

Mississippi river the pumped groundwater

with effluent levels

for Total

Suspended Solids TSS

of 40 mg/L.

(Pet. at 3.)

Specifically

IDOT is requesting that:

The effluent standard for

iron (total) shall be 20 mg/L

for the Venice deep well

system discharge.

The effluent standard

for Iron (total)

found

at 35

Ill. Adm.

Code 304.124

shall not apply to this Mississippi River discharge.

The

requirements of 35

III.

Adm.

Code 304.124,

as that section relates to the

effluent standard for

Iron (total),

shall not apply to the effluent discharges from

the Illinois Department of Transportation’s deep well Venice System, provided

that the effluent standard established in

this adjusted

standard

is met.

The effluent standard

for Total Suspended Solids shall be 40

mg/L for the

Venice deep well

system

discharge.

The effluent standard

for Total Suspended

‘IDOT’s petition will be cited as “Pet.

“,

the Agency’s response will be cited as “Ag. at

“.

Solids found at

35 Ill. Adm.

Code 304.124

shall not apply to this Mississippi

River discharge.

The requirements of

35 Ill.

Adm.

Code 304.124, as that section relates to the

effluent standards for

Total Suspended

Solids, shall not apply to the effluent

discharges from

the Illinois Department of Transportation’s deep well Venice

System,

provided

that the effluent standard

established in

this adjusted standard

is met.

In order to comply with the proposed

adjusted standard,

the Illinois Department

of Transportation (IDOT) would continue to operate the Venice System as it

presently operates.

There would be

no capital costs or operating

costs for IDOT

to comply with

the adjusted

standards.

(Pet.

at 9.)

On October 19,

1995,

the Board granted an adjusted

standard which will

allow an effluent

standard of 20

mg/L

for iron (total) for

the Venice System discharge.

AS95-8.)

Therefore,

the Board will only address the adjusted

standard for TSS.

AGENCY

RESPONSE

The Agency generally supports the requested adjusted

standard

for TSS.

(Ag.

at 9.)

The

Agency recommends that the Board grant the proposed language to include the requested

alternative limitation of 40 mg/L TSS

for the Venice System discharge.

The

Agency points

out that such an alternative limitation

is similar to the limitation the Board established for

the

Pfizer Corporation in 35

Ill.

Adm. Code 304.204(c).

(In

the Matter of:

Proposed Water

quality and Effluent Standards for

Schoenberger Creek (Pfizer.

East

St.

Louis) R81-29,

June

16,

1983.)

Both IDOT and the Pfizer Corporation withdraw groundwater with

similar

characteristics and the Agency asserts that the requested alternative level

should provide relief

with

a margin of safety

for compliance.

COMPLIANCE

ALTERNATIVES

IDOT contracted with

Homer and Shifrin, Inc.

to prepare a report on

the existing

conditions and compliance alternatives

for the Venice System.

(Pet.

at 6;

Ag.

at 5.)

Two

primary alternatives investigated

in that report

were conventional

mechanical water treatment

and outfall diffusion in

the Mississippi

river.

(Pet. at 6-7.)

According to

the petitioner,

the

probable cost for a water treatment plant

would be $5,170,000;

while the outfall diffusion

system would cost $1,000,000.

(Pet.

at 8.)

The cost would be as follows:

Water Treatment

Plant

River Outfall! Diffusion

System

Construction

$2,200,000

$1,000,000

Annual Operation and

$267,000

Maintenance

Annual Chemical

$113,000

Present Worth

$5,170,000

$1,000,000

(Pet. at 8.)

The Agency asserts that the river outfall diffusion system offered as an alternative for

compliance would require IDOT to seek a permit modification for

the delineation of a “mixing

zone”.

(Ag. at 7.)

The Agency

states:

Consequently, the costs and design of an outfall/diffusion

system are not properly

before the Board when

the Board is considering an

adjusted standard

from the effluent

limit of 35 Ill. Adm.

Code 304.124

for total iron and TSS, and when the determination

of the optimum mixing efficiency is a duty of the Agency under 35 Ill.

Adm.

Code

302.102(d).

There is no limitation ofTSS

in 35

Iii. Adm.

Code 302.208.

(Ag. at

8.)

Thus, the Agency does not believe a diffusion system

is an

appropriate compliance alternative

the context of this adjusted standard.

With respect

to the use ofa treatment plant

the Agency

indicates that it believes the

cost estimate

“understates”

the probable actual cost.

(Ag.

at 9.)

The Agency points out that

the estimates do not include professional fees for the design,

bidding and construction

supervision of the project.

(Id.)

Further the Agency believes that IDOT has

underestimated

the costs of maintenance of the facility and has failed

discuss the residual chlorine

in the

effluent from treatment.

(id.)

The Agency

maintains that the estimated expense is not

justified by any environmental benefit.

(Id.)

HEALTH AND ENVIRONMENTAL EFFECTS

IDOT

maintains and the Agency generally agrees that the adjusted

standard will not

result in

environmental or health effects substantially

more adverse than the effects considered

by the Board when

adopting

35111. Adm.

Code 304.124.

(Pet.

at 21;

Ag.

at 10.)

The

Agency bases

this conclusion on the greater flow of the Mississippi River and the levels of

dissolved oxygen

and exiting concentrations of total suspended

solids

upstream of the Venice

system discharge.

(Ag.

10.)

The Agency states:

At maximum discharge of the Venice system,

the 5000

dilution ratio will provide

sufficient oxygen to convert the dissolved

iron to the relatively

non-toxic insoluble

state.

Furthermore, the velocity of the flow in

the Mississippi

will

reduce the

possibility ofaccumulated sediment.

(Ag. at 10-11.)

JUSTIFICATION

According to

IDOT,

the factors relied

upon

by the Board in

adopting

Ill.

Adm.

Code 304.124

concerned potential

adverse impacts

upon

aquatic life, crop irrigation and water

supplies.

(Pet.

at 21.)

IDOT maintains that if the adjusted standard

is granted no such adverse

impacts are anticipated.

(Pet.

at 21-22.)

In addition, IDOT argues that the compliance

alternatives are technically feasible but economically

unreasonable as the alternatives are costly

and could have adverse cross-media affects.

(Pet. at 22-23.)

Finally, IDOT maintains and the

Agency agrees

that the adjusted

standard is consistent

with

federal law.

(Pet.

23;

Ag.

16.)

The Agency agrees that the factors relied

upon by the Board

in adopting

35 Ill. Adm.

Code 304.124 are substantially and significantly different for IDOT.

The Agency points out

that:

In this case, where the groundwater is relatively uncontaminated by

other pollutants,

treating for iron and TSS

alone is not economically reasonable, given the lack of

expected environmental results.

(Ag. at

13.)

CONCLUSION

The iron and total suspended

solids

the discharge from the Venice Water system is

naturally

occurring and is not known to have been contaminated by

any human

contact.

Further,

the Board is persuaded that any adverse impacts which may occur are not substantially

more adverse than

those impacts to be expected if the rule of general applicability was

followed.

Therefore,

the Board finds that IDOT has demonstrated

that the factors surrounding

the request for adjusted

standard

are substantially and significantly different than the factors

considered

the Board in

adopting the rule of general applicability.

Further, due to

the

substantial costs associated

with

the compliance alternatives presented by IDOT,

the Board is

persuaded that the alternatives for compliance would be economically

unreasonable and would

result in

no increased environmental

protection.

Therefore,

the Board will grant IDOT an

adjusted standard of40

mg/L

for total

suspended

solids

its

discharge from

the Venice

System

to the Mississippi River.

This opinion constitutes the Board findings of facts and conclusion of law.

ORDER

The Board hereby adopts the following adjusted standard, pursuant to

the authority of

Section

28.1 of the Environmental Protection

Act:

The effluent standard

for Total Suspended Solids shall be

40 mg!L for the

Venice deep well

system

discharge.

The effluent standard

for Total Suspended

Solids found

at 35

ill.

Adm.

Code 304.124

shall not apply to this Mississippi

River discharge.

The requirements of 35

Ill. Adm.

Code 304.124,

as that section relates to the

effluent standards for Total Suspended Solids, shall not apply to the effluent

discharges from the Illinois Department ofTransportation’s deep well

Venice

System, provided

that the effluent standard established in

this adjusted

standard

is met.

Section 41 of the Environmental Protection Act (415 ILCS

5/41

(1994)) provides for

the appeal of final Board orders

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.Adm.Code

101.246 “Motions for Reconsideration.”)

IT IS SO ORDERED.

I, Dorothy

Gunn,

Clerk of the Illinois Pollution Control Board,

hereby certify that

the above opinion and order was adopted on

the

day of

,/A~cL~L

1996,

by a vote

7—o

h~.

Dorothy M. $~i~n,

Clerk

Illinois Po11~j~n

Control Board