ILLINOIS POLLUTION CONTROL BOARD
    November 3,
    1994
    IN THE MATTER OF:
    )
    )
    PETITION OF THE CITY OF
    )
    LASALLE FOR EXCEPTION TO THE
    )
    COMBINED SEWER OVERFLOW
    )
    PCB 86-2
    REGULATIONS
    )
    (CSO Exception)
    OPINION
    AND
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On March 1,
    1991,
    the City of LaSalle
    (LaSalle)
    filed an
    amended petition for exception to the combined sewer overflow
    regulation
    (CSO)
    at 35 Ill. Adm. Code 306.305(a)
    and
    (b).
    On
    June 11,
    1991, LaSalle filed a supplement to the amended
    petition.
    The Illinois Environmental Protection Agency
    (Agency)
    filed a response to the amended petition on May 31,
    1991,
    and an
    update to that response on September 21,
    1994.
    The Agency
    recommends that LaSalle be granted a conditional extension of the
    current temporary CSO exception to allow for proper instream
    monitoring.
    For the reasons set forth below the Board will grant LaSalle
    an extension of the temporary CSO exception subject to
    conditions.
    BACKGROUND
    The City of LaSalle is located in LaSalle County along both
    sides of Illinois Route 351 from the north bank of the Illinois
    River to
    a point just south of Interstate Route 80.
    The Illinois
    River flows from east to west along the south boundary of the
    community.
    On January
    2,
    1986,
    the Board received a request from
    LaSalle for a permanent exception to the CSO regulations and on
    January
    9,
    1986,
    the Board accepted that petition.
    A public
    hearing was held on July 21,
    1986.
    Additional information was
    provided by LaSalle on August 21,
    1986.’
    On April
    1,
    1987,
    the
    Board granted a temporary exception to LaSalle with conditions
    and retained jurisdiction over the proceeding.
    The April
    1,
    1987, opinion discusses in extensive detail the level of
    justification LaSalle was required to meet and finds that LaSalle
    met the level of justification.
    (April
    1,
    1987 0 & 0 at 3;
    77
    ‘For a more comprehensive review of the background of this
    proceeding refer to the Board’s April
    1,
    1987, opinion and order
    (In the Matter of:
    Petition of the City of LaSalle for Exceltion
    to Combined Sewer Overflow Regulations,
    77 PCB 21, PCB 86-2)
    which is hereby incorporated by reference in this opinion.

    2
    PCB
    23.)2
    Further, the April
    1,
    1987, opinion details the
    compliance options and the cost effectiveness of each option.
    (April
    1,
    1987 0
    & 0 at 5—7.)
    The April
    1,
    1987, opinion finds LaSalle had not justified a
    permanent exception, but had justified a temporary exception with
    conditions.
    The conditions required an amended petition be filed
    by March
    1,
    1990, as well as requiring LaSalle to construct and
    operate improvements to its wastewater collecting system, and
    continue monitoring.
    On March 22,
    1990,
    the Board extended until March
    1,
    1991,
    the deadline for the amended petition.
    AMENDED PETITION
    LaSalle maintains,
    in the amended petition, that the
    improvements have resulted in the elimination of all dry weather
    overflows.
    (Am. Pet at 7.)
    LaSalle points out that since the
    Board granted the temporary exception in 1987, LaSalle has
    constructed and is operating improvements to its wastewater
    collection system and treatment plant.
    (Am.
    Pet. at 5.)
    LaSalle
    points out that the improvements to the wastewater treatment
    plant increased the design average flow of the plant from 2.2 MGD
    to 3.3 MGD.
    (Exh.
    1 at 14-16; Am.
    Pet. at 8.)
    Further, design
    maximum flow was decreased from 12 MGD to 9.1 MGD.
    (Id.)
    Further, LaSalle states that the 11th Street Pump station
    and the M
    & H Outfall have been eliminated by installing a
    diversion structure near the location of the 11th Street Pump
    Station; routing all existing sewers which were tributary to the
    Pump Station through this structure,
    and abandoning the M
    & H
    Pipe in place.
    (Exh.
    1 at 10-li; Am. Pet. at 7.)
    A 60” overflow
    pipe at the 11th Street overflow was also installed south of the
    old N
    & H Overflow pipe.
    (Exh.
    1 at 10—11; Am. Pet. at
    7..)
    LaSalle also maintains that construction involving the Union
    Street interceptor, the Canal Street interceptor, the Creve Coeur
    Street Diversion structure, upgraded the system and decreased
    overflows.
    (Exh.
    1 at 11; Am.
    Pet. at 7.)
    To further reduce the possibility of overflows, LaSalle
    2
    The April
    1,
    1987,
    Board opinion and order will be cited
    as “April
    1,
    1987 0
    & 0 at
    ;
    77 PCB
    _“;
    LaSalle’s amended
    petition of March
    1, 1991 will be cited as “Am. Pet. at
    _“;
    the
    “Report of Monitoring Program to Comply with Illinois Pollution
    Control Board Order” will be cited as “Exh.
    1 at
    _“;
    the
    Agency’s response of May 31,
    1991 will be cited as “Ag. Rec. at
    I’

    3
    has implemented a policy that any major street repair will
    involve new storm sewers as well as adding a street sweeping
    program to remove debris before the debris can enter the sewer.
    (Am.
    Pet. at 6.)
    Finally, LaSalle states that its population has
    decreased by approximately 6.3
    since the 1980 census and one
    large industrial user has been lost.
    (Am. Pet. at 5—6.)
    Further, a second industrial user has significantly upgraded its
    pre-treatment facility and a third is presently subject to a
    compliance plan to install
    a pre-treated facility.
    (Am. Pet.
    at
    6.
    AGENCY RECOMMENDATION
    The Agency has recommended that LaSalle not be granted a
    permanent CSO except at this time.
    Rather the Agency recommends
    that the current temporary exception be extended until December
    1,
    1995 with conditions.
    Those conditions are set forth in
    detail and adopted by the Board in this order.
    The conditions
    include elimination of all dry-weather overflows, additional
    design and construction improvements as well as further
    monitoring of the outfalls.
    DISCUSSION
    The Agency recommends against granting
    a permanent exception
    because of inconsistencies in the information received by the
    Agency.
    On January 15,
    1991,
    the Agency received a draft CSO
    Operational and Maintenance Plan
    (Draft Plan)
    for LaSalle.
    In
    the Draft plan,
    incidents of dry weather overflows at Marquette
    Street (Outfall
    004) and Fifth Street
    (Outfall 006) were
    mentioned.
    (Ag. Rec. at 1.)
    However, the Agency states that,
    in
    LaSalle’s amended petition, LaSalle claims they have eliminated
    all dry—weather overflows (See Am. Pet, at 7)
    and, based on
    LaSalle’s monitoring report, no monitoring occurred at these
    outfalls.
    (Ag. Rec. at 1—2.)
    The Agency also asserts that
    during a conversation with Ms. Pam Ochs of Giordano Engineering
    Associates,
    Inc., Dean Studer of the Agency’s Planning Section
    was told that the Marquette Street
    (004) and Fifth Street
    (006)
    CSO’s were not being monitored.
    (Ag. Rec. at 2; See IEPA Exhibit
    No.
    3.)
    In addition to this inconsistency in LaSalle’s documents,
    the Agency asserts that, Mr. Jack Adam of the Agency’s Rockford
    Regional Office witnessed dry—weather overflows at the Marquette
    Street CSO
    (004)
    during a routine annual inspection on December
    5,
    1990, and he has been informed several times of dry—weather
    overflows occurring at the Fifth Street CSO
    (006) during 1990.
    (Ag. Rec.
    at 1; IEPA
    Exh.
    No.
    2.)
    The Agency argues that despite
    evidence that neither the Marquette Street
    (004)
    nor the Fifth
    Street
    (006)
    CSO’s were monitored, Table 1.2 in Exhibit 1
    provided by LaSalle contains Biochemical Oxygen Demand
    (BOD)
    and
    Total Suspended Solids
    (TSS) data allegedly collected from the

    4
    Marquette Street
    (004)
    and the Fifth Street
    (006)
    CSO’s during
    1990.
    (Ag. Rec. at 1;
    Exh.
    1 at
    3.)
    The Agency argues that regardless of when or how the Fifth
    Street
    (006)
    CSO data was obtained, an average BOD of 260
    milligrams per liter
    (mg/l)
    and an average TSS of 956 mg/i are
    consistent with levels expected for dry—weather overflows and are
    extremely disturbing to the Agency.
    (Id.)
    According to the
    Agency the discharge goes into the Little Vermilion River which
    has a 7Q10 flow (average seven day low flow rate likely to
    reoccur once every ten years)
    of zero.
    (Id.)
    Such a high BOD
    and TSS concentration is likely to exceed the assimilative
    capacity of the river.
    (Id.)
    The Agency also points out that since the Board ruled on
    LaSalle’s original CSO petition, the Agency has requested that an
    outfall located at Union Street
    (006A)
    be added as a monitoring
    point.
    However, the figures provided in Exhibit 1 for the flow
    and frequency reductions,
    do not reflect the total volume and
    events due to the addition of this outfall.
    (See Exh.
    1 at 29;
    Ag. Rec.
    at 2.)
    Also, omitted from Table 4.1,
    is data pertaining
    to CSOs 004 and 006.
    (See
    Exh.
    1 at 29.)
    CONCLUSION
    The Board shares the Agency’s concern that the amended
    petition lacks sufficient information to grant a permanent
    exception.
    Although LaSalle has completed the upgrade to its
    system
    (Exh.
    1
    at ii; Am.
    Pet. at 7) there are some areas where
    dry-weather overflows may be occurring.
    LaSalle maintains that
    dry—weather overflows have been eliminated at certain outfalls.
    (Ant.
    Pet. at 7.)
    However, the Agency has reported some evidence
    that the overflows continue.
    (Ag. Rec.
    at 1.)
    Also, the Agency
    suggests that the monitoring data from some outfalls was not
    collected.
    (Ag. Rec. at 1.)
    The Board is particularly concerned in that LaSalle was
    offered an opportunity to update the information before the Board
    in June of this year.
    LaSalle choose not to file any further
    information with the Board.
    The Board finds that LaSalle has
    failed to provide necessary data to allow the Board to determine
    what impact the requested exception will have on the environment.
    Therefore, the Board will not grant a permanent CSO exception at
    this time.
    Instead, the Board will accept the Agency’s
    recommendation and extend the temporary exception with certain
    conditions.
    The Board notes that LaSalle has been operating with a
    temporary CSO exception since 1987.
    The temporary CSO exception
    was granted to allow LaSalle the time necessary to make changes
    in the LaSalle waste water collection and treatment system so

    5
    that a permanent CSO exception could be granted.
    As is indicated
    by this opinion, LaSalle has not fulfilled all the necessary
    requirements for a permanent CSO exception despite several years
    of effort.
    The Board will not be inclined to extend this
    temporary exception beyond 1995, unless LaSalle can show good
    cause for doing so.
    ORDER
    The Board will grant an extension of the temporary exception
    to the combined sewer overflow regulations at 35 Ill. Adm. Code
    306.305(a)
    and
    (b) subject to the following conditions:
    1.
    LaSalle shall eliminate all dry-weather overflows.
    2.
    Except as provided in Paragraph 3 of this Order, the
    City of LaSalle is granted a temporary exception until
    December
    1,
    1995 from 35 Ill. Adm. Code 306.305(a)
    regarding the first flush of storm flows and from 35
    Ill. Adm. Code 306.305(b).
    3.
    If, on or before September 1,
    1995, the City of LaSalle
    fails to submit an amended petition for exception, this
    temporary exception will terminate on September 1,
    1995.
    4.
    LaSalle shall provide any raw data it has with respect
    to monitoring Outfalls 003,
    004,
    006,
    006A and 007.
    5.
    LaSalle shall repair Outfall 006, prior to performing
    stream inspections, so the flow can properly enter the
    Little Vermilion River.
    6.
    During this temporary exception period the City of
    LaSalle,
    in consultation with the Agency,
    shall:
    a.
    Design and construct improvements at CSOs 006 and
    004
    (5th Street and Marquette Street)
    to
    permanently eliminate the dry weather overflows at
    these locations by March
    1,
    1995.
    b.
    Complete a Phase II report as outlined in 35 Ill.
    Adm. Code 375.203 and submit to the Agency by May
    15,
    1995.
    Such stream inspections shall be
    conducted during one “high” water condition and at
    least one “low” water condition.
    Inspections
    should be conducted shortly after CSO events;
    c.
    Complete and submit to the Agency a Plan of Study
    (POS)
    for a Phase III Evaluation at each CSO
    location by December
    1,
    1994.
    Such report may be
    limited to the requirements of 35 Ill. Adm. Code
    375.204, subsections
    (a)
    and
    (b), but shall

    6
    include
    diurnal
    sampling
    for
    dissolved
    oxygen
    at
    appropriate locations on the Little Vermilion
    River and the I
    & N Canal during the months of
    June,
    July, and August,
    1992.
    As part of the
    Phase III report sampling at CSO 007 (Eleventh
    Street)
    shall be performed for heavy metals and
    total hardness.
    Should the presence of heavy
    metals be affirmed, then upstream and downstream
    sampling for heavy metals and total hardness shall
    be conducted within 24 hours of an overflow event
    at CSO 007.
    Comments will follow the Agency’s
    review of the POS and are to be incorporated into
    the Phase III work;
    d.
    There shall be no expansion of the service area
    tributary to the combined sewers except for
    residential hookups that do not exceed 15
    population equivalents as defined in 35 Ill. Adm.
    Code 301.345, unless authorized by the Board upon
    a petition for modification of this order;
    e.
    The City shall continue its monitoring of the
    combined sewer overflows on a weekly basis and
    after every major rainfall and make written
    reports thereon and take corrective actions as
    necessary.
    In addition, the City shall monitor
    the proposed “emergency” outfall on a weekly basis
    and after every major rainfall and prepare written
    reports thereon to determine whether the outfall
    is in fact used on an emergency basis;
    f.
    This grant of exception 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
    exception and any other Board regulations and
    other controls,
    if needed,
    for compliance,
    including compliance with water quality standards;
    g.
    This grant of exception is not to be construed as
    affecting the enforceability of any provisions of
    this exception,
    other Board regulations, or the
    Environmental Protection Act;
    7.
    The conditional extension of the current CSO Exception
    shall terminate automatically if LaSalle does not
    adhere to the deadlines detailed in the Board’s order
    in this matter.
    8.
    The Board will retain jurisdiction in this matter.

    7
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer,tifX that the ab9ve opinion and order was
    adopted on the
    ~
    day of
    ___________________,
    1994,
    by a
    vote of
    ~.
    —o
    .
    I
    L ~
    Dorothy M. G~n, Clerk
    Illinois Pol$ltion Control Board

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