ILLINOIS POLLUTION CONTROL

BOARD

February 21, 1980

CITY OF EAST PEORIA, a

)

municipal corporation,

)

•

Petitioner,

V.

I

PCB 79—224

ENVIRONMENTAL PROTECTION AGENCY,

•

Respondent.

OPINION AND ORDER OF THE

BOARD (by Mr. Dumelle):

On October 26, 1979 Petitioner filed for a variance

from Rules 501(c), 601(a) and 602(b) of thapter 3: Water

Pollution. An Amended Petition was filed on December 7,

1979. The Agency has recommended that a variance be granted

subject to conditions. No hearing was held.

The Agency filed a complaint against Petitioner on

October 13, 1978 (PCB 78—263) alleging violations of Rule

601(a) by operating with

no available auxiliary power

or

alarm system at 17 lift stations of the facility’s sewer

system. Also, certain unauthorized overflow points

were

bypassed in violation of Petitioner’s NPDES Permit

and Rules

501(c), 601(a) and 602(b). Prior to the filing of that

complaint by the Agency, Petitioner had applied for a

Municipal Wastewater Treatment Works Construction Grant.

Since that app~icption,,on August 17, 1976, Petitioner had

undertaken an inflow and infiltration analysis and applied

for funding to complete a sewer system evaluation survey.

Petitioner has a current federal grant priority number of

937. Total estimated construction costs for sewer system

and sewage plant upgrading is $6,780,000.

The majority of Petitioner’s lift stations operating

without auxiliary power or alarm systems were constructed

prior to the

establishment

of the auxiliary power

requirement. Petittonez contends that the addition of

auxiliary power at a cost of $125,000 would be of little

37—407

F

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—

advantage due to the inadequacy of the present sewer system.

Current problems will be alleviated under the Facilities

Plan Improvements program. Furthermore, 11 of the 17 lift

stations are to be eliminated under the plan with the

remaining six to be upgraded to meet Rule 601(a)

requirements.

Petitioner has 6 permitted bypass points on its

collection system, Discharge from these points is

conditioned on daily monitoring for BOD~, suspended solids

and fecal coliform. These conditions h’ave not been met.

There are, in addition, unpermitted flows from 5 manholes.

Overflow locations are virtually inaccessible during storm

events (in deep ravines, for example) creating difficulties

in monitoring. Also, several lift station overflows

discharge into storm sewers making the connections difficult

to locate and further impeding the establishment of adequate

monitoring sites. Petitioner maintains that the high—level

overflows will be eliminated following completion of

Petitioner’s sewer system evaluation survey and sewer

rehabilitation projects.

The Agency supports the variance from Rules 501(c),

601(a) and 602(b) of Chapter 3 for a period to end upon

completion of grant-funded upgrading, but in no event to

exceed 5 years, The Agency states that harmful effects to

the environment caused by granting the variance would he

minimal. Alternatives to granting of the variance would

include permitting basement backups or sewage treatment

plant and collection system improvements funded wholly by

the city; both of which would impose an unreasonable

hardship on Petitioner.

The Board has taken note of the objections to the

granting of the variance raised by the State’s Attorney of

Tazewell County. A variance until March 1, 1981 will be

granted to the City of East Peoria subject to the condition

that the feasibility and cost of installing visual alarm

lights at each lift station and the securing of portable

eniergency power be ~tudied, This information can be

considered by the Board on any future requests for extension

of variance.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

1) It is the Order of the Pollution Control Board

that Petitioner be granted a variance from Rules

501(c), 601(a) and 602(b) of Chapter 3: Water

Pollution until March 1, 1981, subject to the

following conditions:

37—408

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A) Petitioner shall operate and maintain the lift

stations

and

manholes so as to minimize any

possible overflows or

pump

B) Petitioner shall study the feasibility and cost

of installing visual alarm lights on lift stations

and

of securing a portable source of emergency power

C) Within 45 days of the date of this Order,

Petitioner shall execute a certification of

acceptance and agreement to be

bound by

all

the terms and

conditions of this variance. The

certification shall

be forwarded to the Illinois

Environmental Protection Agency, Division of Water

Pollution Control, Variance Section, 2200 Churchill

Road, Springfield, Illinois 62706. This 45 day

period

shall be held in

abeyance if

this matter is

appealed. The form

of the Certification shall read

CERTIFICATION

I, (We), _______________________________, having

read and fully understanding the Order in 79-224 hereby

Iccept that Order

and

agree to be

bound by

all of its terms

and conditions.

SIGNED

_____________________

TITLE

2.) The Agency is hereby authorized to issue a NPDES

permit

to Petitioner in a

manner

consistent with

the terms ofthis Order including terms and

conditions consistent with best practicable treat-

ment, operation and maintenance of Petitioner’ 5

facilities.

I, thristan L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereb

~rtify the a

ye Opinion and Order

were adopted

Jj r

day

~

1980

r stan L.

,

Clerk

Illinois Pollution’tbntrol

Board

37—409