ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    CITY OF MORRIS,
    )
    Petitioner,
    v.
    )
    PCB 86-4
    (Combined Sewer
    ILLINOIS ENVIRONMENTAL
    )
    Overflow Exception)
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    This matter now comes before the Board upon filing by the
    City of Morris (Morris) on October 21, 1992 of an amended
    petition (Amended Pet.) for exception from the Board’s combined
    sewer overflow (CSO) regulations.
    Morris currently holds a temporary exception from the CSO
    regulations’. In the instant petition Morris seeks to make the
    exception permanent.
    The Board’s responsibility in this matter arises from the
    Illinois Environmental Protection Act (Act) 415 ILCS 5/1 et
    seq.
    (1992). The Board is charged under the Act to “determine,
    define and implement the environmental control standards
    applicable in the State of Illinois” 415 ILCS 5/5(b). As
    pertains to the instant matter, the Board has developed
    environmental control standards for CSOs and procedures by which
    exception may be granted. Morris asks the Board to grant it an
    exception under the CSO exception procedures.
    More generally, the Board’s responsibilities are based on
    the system of checks and balances integral to Illinois
    environmental governance: the Board is responsible for the
    rulemaking and principal adjudicatory functions, whereas the
    Illinois Environmental Protection Agency (Agency) is responsible
    for carrying out the principal administrative duties. The latter
    includes administering any revised CSO provisions that stem from
    today’s action.
    Based upon the record before the Board, the Board finds that
    Morris has made the showings necessary for grant of the requested
    permanent CSO exception, subject to certain conditions. The
    1
    The temporary exception was granted based on a petition
    filed in 1986. The Board has retained jurisdiction during the
    pendency of the temporary exception, which accounts for the
    continued use of the original docket number.

    —2—
    Board will accordingly grant the CSO exception subject to these
    conditions.
    CSO REGULATORY FRAMEWORK
    The Board’s CSO
    regulations are set forth at
    35 Ill. Adm.
    306.305.
    This section provides as follows:
    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 applicable effluent standards; and
    b) Additional flows, as determined by the Agency but
    not less than 10 times the average dry weather
    flow for the design year, shall receive a minimum
    of primary treatment and disinfection with
    adequate retention time; and
    c) Flows in excess of those described in subsection
    (b) shall be treated, in whole or in part, to the
    extent necessary to prevent accumulations of
    sludge deposits, floating debris and solids in
    accordance with 35 Ill. Adm. Code 302.203, and to
    prevent depression of oxygen levels; or
    d) Compliance with a treatment program authorized by
    the Board in an exception granted pursuant to
    Subpart D.
    The Board’s rules also provide for exception from the
    applicability of part or all of Section 306.305. The exception
    procedure is found at 35 Ill. Adm. Code 306.Subpart D (Sections
    306.350 et
    seq.).
    It establishes that exceptions shall be
    granted “based upon water quality effects, actual and potential
    stream uses, and economic considerations including those of the
    discharger and those affected by the discharge”. (35 Ill. Adm.
    Code Section 306.350.) The exception procedure additionally
    provides that an exception may be justified based on showing of
    minimal discharge impact. (35 Ill. Adm. Code 306.361.) In the
    instant case, Morris contends, and the Agency agrees, that the
    remaining Morris CSO5 produce a minimal discharge impact.

    —3—
    Grant of the relief that Morris requests would allow
    discharge of first flush of storm flows (306.305 (a)) plus flows
    larger than first flush (306.305(b)) without treatment.
    PROCEDURAL HISTORY
    Morris initially sought exception from the Board’s CSO
    regulations via a petition filed singly on January 3, 1986.
    Following a public hearing and various supplementary pleadings
    filed by Morris and the Agency, the Board on April 7, 19882
    declined to grant a full exception. However, the Board did grant
    a conditional temporary exception. Among the conditions imposed
    upon the temporary grant was that Morris file an amended petition
    on or before November 1, 1991 wherein it would present
    justification for a permanent exception.
    On December 2, 1991 Morris filed a motion3 to extend the
    November 1, 1991 deadline to November 1, 1992. Among other
    matters, Morris contended that due to insufficient rainfall
    during 1991, it had been unable to fully characterize overflow
    events, and had thus been prevented from collecting data
    necessary to complete its amended petition. By order of January
    23, 1992 the Board granted the motion extending Morris’ filing
    deadline to November 1, 1992.
    Morris filed the amended petition on October 21, 1992. The
    amended petition is accompanied by two documents of particular
    pertinence: Post—NCP Construction Phase II
    Preliminary Stream
    Inspection, September 1992 (Stream Inspec.); and Post-MCP
    Construction CSO Study, October 1992 (CSO Study).
    In January 1993 the Board began inquiries as to whether the
    Agency intended to comment on Morris’ October 1992 amended
    petition. On June 3, 1993 the Board issued an order directing
    the Agency to reply to the amended petition before July 1, 1993,
    or to justify its continued delay.
    The Agency filed a response on July 2, 1993. The Agency
    observed that, because of a continuing deficiency of information,
    it could not yet recommend that the Board grant Morris a
    2 The original order was adopted with accompanying opinion
    on April 7, 1988 (City of Morris v. Illinois Environmental
    Protection Agency, PCB 86-4, 88 PCB 5). Because the April 7,
    1988 order contained an error in one of the completion dates, the
    Board in response to an Agency motion reissued the order in
    correct form on May 19, 1988 at 89 PCB 229.
    ~Morris had by Board order of November 7, 1991 been granted
    an extension of time to file the motion on or before December 2,
    1991.

    —4—
    permanent exception. Morris subsequently filed a motion for
    long—term extension of time to respond to the Agency’s response,
    citing the need to gather the necessary additional information.
    The Board granted the extension.
    On July 13, 1994 Morris supplemented the record with a
    response to the Agency’s July 2, 1993 filing. On October 31,
    1994 the Agency filed a reply to Morris’ response (Oct. 31
    Resp.)4. The Agency states that it now believes that Morris has
    provided the information necessary to support a permanent cso
    exception.
    With Morris’ filing of July 13, 1994 and the Agency’s filing
    of October 31, 1994, the Board believes that this matter is
    finally fully framed and that Morris’ petition for permanent
    exception is now ready for determination on its merits.
    BACKGROUND
    Morris, which had a population of 10,270 in the 1990 census,
    is the county seat of Grundy County. Morris is located on the
    Illinois River, which forms the southern boundary of the city.
    Two other waterbodies of interest are Nettle Creek, which flows
    through the western portion of the city prior to discharging into
    the Illinois River, and an unnamed strip mine pond located near
    the northeast portion of Morris.
    Morris historically has had a combined sanitary/storm sewer
    system. During high sewer discharges, typically caused by large
    precipitation events, the capacity of the Morris sewage treatment
    plant has been insufficient to treat the full combined discharge
    and accordingly some of the discharge has had to be bypassed with
    no or less than full treatment.
    In recent years, Morris has sought to reduce the frequency
    and improve the character of CSO discharges by a combined
    construction and management program. A major portion of this
    effort has been initiated as part of Morris’ Municipal Compliance
    Plan (MCP) project, construction of which culminated in 1987-90.
    Under the MCP Morris undertook modifications of its sewage
    treatment plant and changed its sewerage collection system.
    Morris contends that all MCP improvements have been completed
    timely with respect to the Board’s previous orders in this
    ~ The response was accompanied by a motion for leave to
    file. That motion was granted by Board order of November 3,
    1994.

    —5—
    matter5. More recently Morris has undertaken additional systems
    modifications, including increasing secondary capacity at the
    treatment plant and construction of storm sewers. (Amended Pet.
    at ¶4—5.)
    The goal of Morris’ MCP project has been to lessen the
    impact of the CSOs on the receiving waters to the point that any
    remaining impact would be an acceptable alternative to more
    costly full compliance. Morris contends that studies undertaken
    in the post-MCP construction period6 demonstrate that this goal
    has been achieved.
    Morris has also undertaken several initiatives in the post—
    MCP period. Among these are improvements in the sewage treatment
    plant that increase the capacity for treating average daily flows
    from 1.34 MGD to 1.82 MGD, a 36 increase; similarly, the
    improvements increase the capacity to treat maximum flows from
    3.18 MGD to 4.36 NGD. (CSO Study at p. 4.) The significance of
    these improvements is that they allow Morris to pump additional
    combined sewage from the system through the treatment plant,
    thereby reducing the amount that would exit as overflow from the
    sewers. (Id.)
    In progress is the construction of new sewers in the
    southern portion of Morris’ business district. These sewers will
    divert storm waters that presently contribute to CSO5. (CSO
    Study at p. 5; Oct. 31 response at Attachment 1.)
    ENVIRONMENTAL IMPACT
    The Illinois River at Morris is a major navigational stream,
    with a high volume of flow; average stream width is 500—600 feet
    and ten-year low flow is 3188 cfs (Stream Inspec. at p. 8). The
    land along the Morris side of the river is primarily industrial,
    with the exception of Stratton Park, a state-owned park at which
    boat—access to the river is provided. Land along the south side
    of the river is primarily agricultural. Two of the Morris CSOs,
    CSO-5 and CSO—6, discharge to the Illinois River.
    ~ The principal construction programs and schedules for
    their completion have been set forth in the Board’s opinion and
    order of April 7, 1988 at 88 PCB 5 and of May 19, 1988 at 89 PCB
    229.
    6 These studies were originally scheduled for 1991 in
    compliance with conditions #4 and #6 of the Board’s order of May
    19, 1988 (89 PCB 230-1). However, due to limited rainfall during
    1991, the studies had to be extended into 1992, as recognized in
    the Board’s order of January 23, 1992 (129 PCB 255).

    —6—
    Nettle Creek through Morris has an average width of 20 feet;
    its ten—year low flow is zero. (Stream Inspec. at p. 7.) Land
    use adjacent to the creek ranges from residential to wooded. In
    the latter case, the creek passes through Gebhard Woods State
    Park, which is located at the southwest side of Morris. Nettle
    Creek is the discharge point of five of Morris’ original CSOs,
    SSO—17, SSO—3, SSO-4, CSO—3, and CSO—4.
    The unnamed strip mine pond is located in an area of
    residences and reclaimed strip—mined land. One of Morris’
    original SSOs, SSO-2, discharges to the pond.
    Morris has provided information regarding the nature of the
    areas around each of the CSOs. This includes a description of
    the stream at each of the overflow points (Stream Inspec. at p.
    3—7), stream hydraulic and morphologic factors at and adjacent to
    the overflow points
    (~.
    at p. 7-10), and descriptions of the
    streamside property, including topography, land cover, and land
    use (Id. at p. 10—12).
    Morris further observed CSO events from late 1991 through
    July 1992 involving rainfall episodes of 0.38, 0.41, 1.07, 1.09,
    1.11, 1.63, 2.00, and 2.08 total inches and ranging in rate from
    0.12 inches per hour to 1.60 inches per hour. (Stream Inspec. at
    Exh. B). This record was further augmented by observations
    associated with several large rainfalls in August and September
    1992, including a 3.34 inch rainfall on September 10, 1992. (CSO
    Study at p. 11-12.)
    Based on this record Morris concludes that as of 1992 only
    two of its original nine CSOs any longer experience overflows in
    response to a “once—in—a—year rainfall”; these are the two CSOs
    that discharge to the Illinois River, CSO-5 and CSO—6. (CSO
    Study at p. 9.) Observations on the water and its environs are
    consistent with this decrease frequency of overflow events.
    (Stream Inspec. at p. 3—7.)
    As regards CSO-5 and CSO-6, Morris observes that they are
    tributary to the Illinois River, which has a large discharge even
    under low—flow conditions. Morris also observes that additional
    sewer construction currently in progress will further reduce any
    impact that CSO-5 and CSO-6 may have. The Agency observes that
    it “agrees with Morris that this construction will alleviate
    the discharges from CSO’s 5 and 6” and that Morris is “committed
    to constructing an additional section of storm sewer
    . . .
    should
    the ongoing construction provide insufficient relief”. (Oct. 31
    response at ¶20 and Attachment 1.)
    ‘~
    Sanitary Sewer Overflow. Morris contends that some of its
    SSOS actually function as CSOs, and accordingly has addressed
    them in the instant pleading in the same manner as the CSOs.
    (Pet. Resp. at 2-3.)

    —7—
    CONDITIONS ATTACHED TO THE GRANT OF EXCEPTION
    Today’s CSO exception is granted subject to several
    conditions. Among these are requirements that Morris undertake
    several tasks to further improve its sewerage system (see
    conditions 1—4 of today’s order). These conditions are generally
    as recommended by the Agency (Oct. 31 response, p. 6-7) based
    upon commitments made by Morris (Amend. Pet. and Oct. 31
    response, Attachment 1).
    In each of these conditions, the Board has reviewed the
    additional tasks required of Morris and finds that they are
    necessary to attain minimal discharge impact, and hence to
    justify grant of the permanent exception. The grant of exception
    will accordingly be made conditional upon Morris’ completion of
    each of these tasks.
    CONCLUSION
    The Board finds that a permanent CSO exception for the City
    of Morris is justified based on the achievement of minimal
    discharge impact.
    This opinion constitutes the Board’s final findings of fact
    and conclusions of law in this matter.
    ORDER
    The City of Morris (Morris), Grundy County, is hereby
    granted an exception from the requirements of 35 Ill. Adm. Code
    306.305(a) regarding first flush of storm flows and from 35 Ill.
    Adm. Code 306.305(b), subject to the following:
    1. Morris shall complete the construction of the section
    of storm sewer in the area bounded on the north by
    Douglas Street, on the south by the Illinois & Michigan
    Canal, on the west by Price Street, and on the east by
    East Street by December 31, 1995.
    2. Morris shall implement by October 1, 1995
    the following
    program to identify residences that contribute footing
    drain water to the sewer system and shall require that
    those residences disconnect the
    drains from the system:
    A) Combination sewers in problem neighborhoods
    shall be smoke tested;
    B) After the smoke testing is
    complete, Morris
    shall conduct house—to—house plumbing
    inspections and homeowner interviews; and

    —8—
    C) If the above steps do not provide sufficient
    information to determine whether footing
    drains are connected to the combination
    sewers, Morris shall inject dyed water
    alongside the foundation through a modified
    route feeder to ascertain whether footing
    tiles are connected to the sewer.
    3. Upon completion of the storm sewer improvements in
    conditions
    (1) and (2), Morris shall conduct a flow
    monitoring study of the combined sewer system and
    assess changes in overflow frequencies, duration, and
    strengths. Morris shall submit this report to the
    Agency within 90 days of the completion of monitoring.
    4. Morris shall conduct such further investigation as is
    necessary to locate and remove all remaining sanitary
    sewage sources contributing to the replaced trunk sewer
    that terminates as CSO—2. Once these removals are
    completed Morris shall disconnect this
    sewer from the
    sanitary sewer and operate it as a storm sewer. Morris
    shall send written verification
    of the completion of
    this project to the Agency within 30 days of the
    disconnection from the sanitary sewer.
    5.
    The grant of
    this exception does not preclude the
    Agency from requiring as a permit condition a CSO
    monitoring program sufficient to assess compliance with
    this exception and any other Board regulations and
    other controls, as needed, for compliance with water
    quality standards.
    6. The grant of this exception is not to be construed as
    affecting the enforceability of any provisions of this
    exception, other Board regulations, the Environmental
    Protection Act, 415 ILCS 5/1 et
    seq.,
    the Clean Water
    Act, or any other applicable
    federal regulation.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415
    ILCS
    5/41 (1992)) 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”.)

    —9--
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    ~
    day
    of
    ~
    ,
    1994, by
    a vote of
    _____________
    /7
    Dorothy !~,/Gunn, Clerk
    Illinois(’,Pollution Control Board
    ‘I

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