ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1995
    IN THE MATTER OF:
    )
    )
    PETITION OF THE CITY OF WOOD RIVER
    )
    AS 94-16
    FOR ADJUSTED STANDARD FROM
    )
    (Adjusted Standard-Water)
    TREATMENT
    OF
    OVERFLOWS
    AND
    BYPASS
    )
    REGULATIONS
    35
    ILL.
    ADM.
    CODE
    )
    306.305(a)
    and
    (b)
    )
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    E.
    Dunham):
    This matter comes before the Board on a petition for
    adjusted standard filed on October 27,
    1994 by the City of Wood
    River.
    The petition seeks an adjusted standard for the combined
    sewer overflow treatment requirements of 35 Ill. Adm. Code
    305.306(a)
    and
    (b).
    Petitioner waived its right to hearing on
    the petition and no request for a hearing was received.
    Therefore, no hearing was held in this matter.
    The Illinois
    Environmental Protection Agency
    (Agency)
    filed its response to
    the petition on February 27,
    1995.
    Wood River is requesting an adjustment from Section 306.305
    so that the City will not be required to provide treatment of the
    first flush of storm flows or provide a minimum of primary
    treatment and disinfection of an additional ten times the average
    dry weather flow from the City’s combined sewer overflows,
    provided the City intercept and provide full treatment for up to
    4.8 million gallons per day
    (MCD)
    flow in the 84 inch combined
    sewers and the City provide for screening of the overflow in the
    84 inch combined sewer prior to discharge.
    BACKGROUND
    Wood River is
    a city with a population of 11,500 people
    located in Madison County along the Mississippi River.
    (Pet.
    at
    1.)
    The City is served by 36.5 miles of combined storm and
    sanitary sewers, together with 7.5 miles of separate sanitary
    sewers.
    (Pet.
    at 1.)
    The combined sewer collection system
    outlets to the Mississippi River through a single 84 inch outfall
    sewer with an estimated capacity of 168.5 MGD.
    (Pet. at
    1.)
    The
    primary use of the Mississippi River in the vicinity of the
    discharge is barge transportation.
    (Pet. at 2.)
    Wood River has constructed a regional waste disposal plant
    which includes secondary treatment for surrounding communities of
    the Village of Hartford, Village of South Roxana, and
    unincorporated areas in the Township of Wood River.
    (Pet.
    at 2.)
    The treatment facility has a peak flow capacity of 9.8 MCD and is
    not large enough to treat all the flows from Wood River’s
    combined sewers.
    (Pet.
    at 2.)
    The plant has facilities for the
    interception and full treatment of up to 4.8 MGD.
    (Pet.
    at 2.)
    Facilities have been constructed to provide for the screening of

    2
    all overflows in the 84 inch sewer prior to discharge.
    (Pet.
    at
    2.)
    On December 30,
    1985, the City of Wood River and the Agency
    filed a joint petition for an exception to the CSO regulations.
    On September 17,
    1987, the Board granted the City of Wood River a
    temporary exception for 35 Ill. Ada. Code 306.305(a)
    as such
    provision relates to the first flush of storm flows and
    306.305(b)
    for its combined sewer overflows into the Mississippi
    River.
    (Joint Petition of Wood River and Illinois Environmental
    Protection Agency
    (Sept.
    17,
    1987), PCB 86-6.)
    The temporary
    exception expired by its own terms on September 30,
    1992.
    The
    Board’s order also contained the requirements that Wood River
    intercept and provide full treatment for up to 4.8 MGD; provide
    for screening of the overflow; and attempt to acquire the usage
    of Amoco’s lagoons for storage and treatment of excess flows.
    Wood River has provided the facilities for interception and
    treatment of up to 4.8 MCD and has provided for the screening of
    overflow in compliance with the Board’s order.
    (Pet.
    at 4.)
    Wood
    River has also studied the recommended alternative of utilizing
    the Amoco lagoon.
    (Pet.
    Exh. B.)
    The report of the study
    concluded that this treatment alternative would not be available
    at all times and was not economically justifiable.
    (Pet.
    at
    4..)
    In a September 1994 letter to Wood River, Amoco indicated that
    Amoco’s needs and uses of the lagoons would not allow any
    additional capacity to be utilized by Wood River.
    (Pet.
    Exh.
    D.)
    The petition for adjusted standard requests that the level
    of CSO interception and treatment established on a temporary
    basis in PCB 86-6 be made permanent through an adjusted standard.
    REGULATORY
    FRAMEWORK
    The Board’s CSO regulations are contained in 35 Ill. Adm.
    Code 306.
    The CSO regulations were amended in R81-17, 51 PCB
    383, March 24, 1983.
    Section 306.305(a)
    and
    (b) provide as
    follows:
    Section 306.305
    Treatment of Overflows and Bypasses
    All combined sewer overflows and treatment plant bypasses
    shall be given sufficient treatment to prevent pollution,
    or
    the violation of applicable water standards unless an
    exception has been granted by the Board pursuant to Subpart
    D.
    Sufficient treatment shall consist of the following:
    a)
    All dry weather flows, and the first flush of storm
    flows as determined by the Agency, shall meet the

    3
    applicable effluent standards;
    and
    b)
    Additional flows,
    as determined by the Agency but not
    less than ten times average dry weather flow for the
    design year, shall receive a minimum of primary
    treatment and disinfection with adequate retention
    time; and
    Section 28.1(a) of the Illinois Environmental Protection Act
    (the Act) provides that after adopting a regulation of general
    applicability, the Board may grant an adjusted standard for
    persons who can justify such an adjustment.
    Section 28.1(b)
    provides that the Board may specify a level of justification
    required of a petitioner for an adjusted standard.
    Although the
    Board’s regulations at 35 Ill.
    Ada. Code 306 do not contain a
    level of “justification” for an adjusted standard, the Board has
    held that the substantive requirements of 35 Ill. Ada. Code
    306..Subpart D are to be used for justification of an adjusted
    standard from the regulations at 35 Ill. Ada. Code 305.
    (Petition
    of the City of Jacksonville for Adjusted Standard From 35 Ill.
    Ada. Code 306.305(b), AS 90—1, August 9,
    1990; and City of
    Oglesby v. Illinois Environmental Protection Agency, PCB 86-3,
    February 6,
    1992).
    Therefore Section 28.1(b) of the Act applies
    to this petition for adjusted standard.
    TECHNICAL FEASIBILITY
    AND
    ECONOMIC REASONABLENESS
    In support of its petition Wood River references a 1981
    study employed to justify the temporary exception in Joint
    Petition of Wood River and Illinois Environmental Protection
    Agency
    (Sept.
    17,
    1987), PCB 86-6.
    (Exh.
    A.)
    This study is
    pertinent to the present petition as the character of the water
    shed area and the makeup of the sewer system have not changed to
    any extent since the 1981 CSO study.
    As part of the 1981 study, Wood River evaluated five CSO
    treatment alternatives.
    Of the alternatives studied the Board
    found that interception and treatment of up to 4.8 MCD of the
    flow,
    in addition to screening provided the best solution to Wood
    River.
    The Board found that two of the alternatives were not
    justified economically for a city the size of Wood River.
    The
    Board also found that the “no action” alternative was not
    justified considering the Agency’s recommendation.
    The Board
    determined that more information was needed on the alternative of
    using Amoco’s lagoons before the Board could determine if this
    alternative is technically feasible and economically justified.
    Implementing the use of Amoco’s lagoons would cost
    $3,473,600 in 1993 dollars.
    The annualized capital and operating
    cost would be $431,083.
    It is anticipated that these costs would
    increase residential sewer rates by 80.
    After further review of
    the use of the lagoons, it has been determined that the lagoon

    4
    system will not be available for use by the City.
    Therefore, the
    alternative of using the lagoon system is not technically
    feasible.
    CONSISTENCY WITH FEDERAL
    LAW
    Section 306.305 implements Section 13 the water quality
    standards developed by the State pursuant to the Federal Clean
    Water Act
    (33 USC S1251 ~
    ~
    The Agency asserts that the
    recommended adjusted standard is consistent with Federal law.
    (Rec.
    at 13.)
    ENVIRONMENTAL IMPACT
    The effect of the present CSO discharge on the water quality
    in the receiving stream remains difficult to measure due to the
    large size and variable flow rate of the receiving water.
    (Rec.
    at 9.)
    In granting the temporary exception to the City, the
    Board found that the impact from the Wood River CSO discharge is
    minimal.
    (Joint Petition of Wood River and Illinois Environmental
    Protection Agency
    (Sept.
    17,
    1987), PCB 86—6.)
    The Agency believes that there will be no measurable adverse
    effect on the Mississippi River from the adjusted standard.
    (Rec.
    at 13.)
    The Agency asserts that no designated or attained uses
    of the waterway will be impaired by the adjusted standard.
    (Rec.
    at 13.)
    AGENCY RECOMMENDATION
    The Agency recommends granting the adjusted standard with
    conditions.
    (Rec. at 2.)
    The Agency recommends additional
    language for the adjusted standard to insure that the City
    remains in compliance with federal CSO policy.
    CONCLUSION
    The Board finds that the City has demonstrated that meeting
    the provisions of 35 Ill. Adm. Code 306, the rule of general
    applicability,
    is not technically feasible nor economically
    reasonable.
    Further, the City has demonstrated that an adjusted
    standard which excepts the combined sewer overflow from treatment
    will not have an adverse environmental effect.
    The Agency’s
    response indicates that an adjusted standard is warranted.
    Therefore,
    the Board grants the City the requested adjusted
    standard from 35 Ill. Ada. Code 306(a)
    and
    (b) with the
    conditions recommended by the Agency.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.

    5
    ORDER
    Pursuant to Section 28.1(b), the Board hereby grants an
    adjusted standard from 35 Ill. Ada. Code 306.305(a)
    and
    (b) to
    the City of Wood River.
    The following standard becomes effective
    on the date of this order:
    The City of Wood River is hereby granted an Adjusted
    Standard from 35 Ill. Ada. Code 306.305(a) as such
    provisions relate to the first flush of storm flows and
    35 Ill.
    Adm. Code 306.305(b)
    for its combined sewer
    overflows into the Mississippi River, subject to the
    following conditions:
    1.
    Wood River shall, as a minimum:
    a)
    Intercept and provide full treatment for up to 4.8
    MGD flow in the 84-inch combined sewer;
    b)
    Provide for screening of the overflows in the 84-
    inch sewer prior to discharge.
    2.
    The Agency shall revise Wood River’s NPDES permit
    consistent with Agency permitting policies to implement
    the federal CSO policy.
    Wood River shall comply with
    the federal CSO policy (published in the Federal
    Register on April 19,
    1994) as implemented through
    their NPDES permit.
    3.
    This grant of an adjusted standard does not preclude
    the Agency from exercising its authority to require as
    a permit condition a CSO monitoring program sufficient
    to assess compliance with this adjusted standard and
    any other Board regulations and other controls,
    if
    needed,
    for compliance with water quality standards.
    4.
    This grant of an adjusted standard is not to be
    construed as affecting the enforceability of any
    provisions of this adjusted standard, other Board
    regulations or the Environmental Protection Act,
    415
    ILCS 5/1 et seq.
    (1992), the Clean Water Act,
    33 U.S.C.
    Section 1251 et seq. or any other applicable federal
    regulation.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1992)), provides for appeal of final orders of the Board
    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. Ada. Code 101.246, Motion for Reconsideration.)

    6
    I, Dorothy H. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion
    nd order was
    adopted
    on
    the
    ______________
    day of _________________________
    1995,
    by a vote of
    ________
    Dorothy H. Minn,
    Clerk
    Illinois P~,YlutionControl Board

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