ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1994
    IN THE MATTER OF:
    )
    )
    PETITION OF THE CITY OF
    )
    PERU FOR EXCEPTION TO THE
    )
    PCB 86-1
    COMBINED
    SEWER
    OVERFLOW
    )
    (CSO Exception)
    REGULATIONS
    )
    OPINION AND ORDER OF THE BOARD
    (by G.
    T. Girard):
    This matter is before the Board on the City of Peru’s
    (Peru)
    October 24,
    1991, amended petition for exception to the combined
    sewer overflow
    (CSO) regulations found at 35 Ill. Adm. Code
    306.305 (a) and
    (b).
    The Illinois Environmental Protection
    Agency
    (Agency) filed
    a response to the amended petition on April
    22,
    1994.
    The Agency recommends that the Board grant Peru’s
    request for exception from 35 Ill. Adm. Code 306.305(a), as it
    relates to first flush storm flows, and from 35 Ill. Adm. Code
    306.305(b), subject to conditions.
    For the reasons set forth below the Board will grant Peru’s
    request for exception from the CSO regulations subject to certain
    conditions.
    PROCEDURAL HISTORY
    On January
    2,
    1986, the Board received a request from Peru
    for a permanent exception to the CSO regulations and on January
    8,
    1986, the Board accepted that petition.
    A public hearing was
    held on June 4,
    1986 and the Agency submitted comments on
    September 22,
    1986.’
    On April
    1,
    1987, the Board granted a
    temporary exception to Peru with conditions and retained
    jurisdiction over the proceeding.
    The April
    1,
    1987 opinion
    discusses in extensive detail the level of justification Peru was
    required to meet and finds that Peru met the level of
    justification.
    (April
    1, 1987 0 & 0 at 3; 77 PCi 13.)
    Further,
    the April
    1,
    1987 opinion details the compliance options and the
    cost effectiveness of each option.
    (April
    1,
    1987 0
    & 0 at 6-7;
    77 PCB 16—17.)
    The conditions
    set, forth in the April
    1,
    1987 order required
    Peru:
    to construct and operate improvements by July
    1,
    1988;
    to
    continue street and sewer cleaning; to continue monitoring; and
    to submit an amended petition by March
    1,
    1990.
    (April
    1,
    1987 0
    & 0 at 9; 77 PCB 19.)
    On November 19,
    1989,
    the Board granted a
    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 Peru for Exce~tion~
    Combined Sewer Overflow Reaulations,
    77 PCB 11, PCi 86—1) which is
    hereby incorporated by reference in this opinion.

    2
    joint motion extending the construction deadline to November 1,
    1989.
    On March 8,
    1990,
    the Board granted a joint motion
    extending the date to file an amended petition to November 1,
    1991.
    On October 24, 1991, the City of Peru filed an amended
    petition for a CSO exception.
    The Agency filed its response to
    the amended petition on April 22,
    1994.
    BACKGROUND
    Peru has a 1990 census population of 9,032 which is a
    reduction of 1,584 from the 1980 census.
    Local Peru industries
    include Maze Nail Company, G & 0 Radiator Manufacturing Company,
    Huntsman Chemical Company and Unytite,
    Inc.
    (Am. Pet at 2.)
    Peru is located along the Illinois River and some of the
    discharges from Peru’s overflow is discharged to the Illinois
    River.
    (Am. Pet, at 2-3.)
    Since the Board granted the temporary exception in 1987,
    Peru has completed construction improvements to the sewage
    treatment plant and the collection system.
    (Ag. Rec. at 5.)
    The
    construction program at the wastewater treatment plant included
    the placement of a mechanically—raked bar screen at the head end
    of the plant and the installation of grit removal facilities
    following screening.
    (Am. Pet. at 7.)
    The construction program
    also increased the secondary pumping and treatment capacities.
    (Id.)
    Work on the sewage collection system included
    rehabilitation of portions of the trunk sewers in areas where
    they were adjacent to or under a steam bed as well as
    improvements to diversions chambers and overflows.
    (Id.)
    As a
    result of the construction program the incidence of overflows has
    been greatly reduced and the appearance of the discharge stream
    at the overflow has improved.
    (Am. Pet. at 4.)
    Peru has also completed two post—construction studies,
    City
    of Peru. Post-MCP Construction. CSO Study.
    1990 (hereinafter 1990
    Study)
    (Pet. Exh. A) and City of Peru.
    Illinois. P0stMCP
    Constriction. CSO Procedure. Phase II Preliminary Stream
    Inspection
    (hereinafter Phase II).
    (Pet.
    Exh.
    B.)
    Both studies
    were forwarded to the Agency by Peru.
    The 1990 study indicates
    that the first flush rate and volume from the system has been
    reduced from 182 MGD to 99 MGD and the first flush volume has
    been reduced from 8.25 MG to 3.79 MG.
    (Am. Pet. at 6; Pet
    Exh.
    A
    at 14.)
    The Phase II study indicates that there “are no unusual
    problems with the streams or the stream beds within the City”.
    (Am. Pet. at 8.)
    The Agency, after reviewing the 1990 study and the Phase II
    study, notified Peru’s consulting engineer of five concerns.
    Those five concerns were:

    3
    1.
    Solids had accumulated adjacent to outfall
    IR-1 and a pool, orange in color, had
    developed below outfall IR-3;
    2.
    Water levels had been observed above the stop
    planks on three separate occasions at the
    diversion structure for outfall IR-9A;
    3.
    WR-3
    had activated only once during the two-
    year study period, indicating that it might
    be possible to eliminate the outfall
    altogether;
    4.
    Infiltration apparently occurring at outfalls
    ER-2
    and IR-7A; the City should eliminate the
    infiltration and consider permanently sealing
    these outfalls along with outfalls
    WR-4, WR-
    4A,
    WR—6,
    ER—lA,
    ER—C—5, ER—2A, IR—5,
    IR—8,
    and IR-9; and
    5.
    The City should provide a description of the
    work done to correct the problems with the
    stop planks at outfall IR-1OA.
    (Ag. Rec. at 6; Pet.
    Exh.
    C.)
    AMENDED PETITION
    In response to the concerns raised by the Agency, Peru
    stated that it plans to construct a hand—raked bar screen at CSO
    IR-1 and to extend outfall to the normal low water line of the
    Illinois River.
    (Am. Pet. at 9.)
    Peru further plans to
    eliminate the infiltration at CSO IR-3 and to extend the outfall
    to the low water line of the Illinois River.
    (Am. Pet, at 10.)
    The Agency recommends that Peru collect data at these two
    outfalls after completion of construction.
    (Ag. Rec. at 7.)
    Peru also responded that the high water levels at outfall
    IR-9A are likely caused by surcharging of the combined sewer in a
    trunk sewer tributary to the outfall during heavy rainfalls.
    (Am. Pet. at 10.)
    The high water levels are usually short-term
    and it has caused no problems with basement flooding, according
    to Peru.
    (Am. Pet. at 10-11.)
    The Agency states that it “now
    considers the surcharging of outfall IR-9A to be moot”.
    (Ag.
    Rec. at 8.)
    Peru answered the Agency’s concerns regarding discharges at
    CSO ER-2 and CSO IR-7A by explaining that the trickle of water
    “is obviously groundwater, which causes no problem to the
    receiving stream”.
    (Am. Pet. at 11.)
    Peru proposes to collect
    samples from each of these overflows and have them analyzed.
    (Id.)
    The Agency states that it is concerned about possible
    human contact in the vicinity of these discharges.
    (Ag. Rec. at
    8.)
    The Agency therefore, recommends that these be monitored and
    eliminated if possible.
    (Id.)
    The Agency also agrees that the

    4
    list of possible CSO outfalls to be eliminated, provided by Peru
    in its petition, should be eliminated.
    (Id.)
    Peru indicates that the problem with the stop planks in
    outfall IR-1OA was that the planks were loosely fitted within the
    stop plank grooves.
    (Am.
    Pet. at 11.)
    Peru further indicated
    that the problem had been corrected.
    (Id.)
    The Agency
    recommends that inspections be required of all diversion
    structures equipped with stop planks.
    (Ag. Rec. at 9.)
    Peru also indicated that the improvements made by the city
    have resulted in 20 of the 27 CSO outfalls showing no incidence
    of overflow for a once-in—one year rain.
    (Pet.
    Exh A
    at 9.)
    Further the outfalls have all experienced a drop in the rate of
    overflows except one.
    (Id.)
    The 1990 study also states “coupled
    with this lower incidence of overflow,
    is the fact that the
    condition of the receiving streams indicate a vast improvement
    over the previous study.”
    (Id.)
    In addition to the improved quality of the receiving
    streams, Peru’s 1990 “Annual Operations Report” for the sewage
    treatment plant shows an average annual effluent BOD of 7 mg/i
    and an average annual suspended solids of
    13
    iug/l
    for the year.
    (Am. Pet. at 9.)
    No enforcement actions have been brought
    against Peru for water quality violations.
    (Id.)
    AGENCY,RECOMMENDATION
    The Agency has recommended that Peru be granted a permanent
    exception to 35 Ill. Adm. Code 306.305(a) as it relates to first
    flush storm flows,
    and 35 Ill. Adm. Code 306
    305(b), subject to
    specific conditions.
    Those conditions are:
    a.
    The City shall construct an additional hand-
    raked bar screen chamber for CSO IR—l as
    described in the amended petition and extend
    the outfall pipe to the normal low water line
    of the Illinois River.
    b.
    The City shall eliminate the infiltration at
    CSO IR-3 and extend the outfall pipe to the
    low water line of the Illinois River.
    c.
    The City shall commit to definite completion
    dates for the projects in paragraphs
    (a) and
    (b)
    above.
    d.
    The City shall submit a plan for inspection,
    monitoring, and sampling of CSO IR-1 and CSO
    IR-3 and for monitoring CSO5
    WR-3, WR-4, WR-
    4A,
    WR—6,
    ER—lA,
    ER—2, ER—C5,
    ER—2A,
    IR—5,
    IR-7A,
    IR-8, and IR-9 to the Agency no later

    5
    than three months after the Board’s decision
    in this matter.
    This plan shall provide for
    the collection of sufficient data to
    determine the post—construction compliance
    with water quality standards for CSO IR-l and
    CSO IR-3 and to determine if any of the
    outfalls listed in this paragraph can be
    permanently sealed.
    e.
    If CSO ER-2 and CSO IR-7A can not be
    permanently sealed, the City shall take
    whatever action is necessary to eliminate the
    infiltration discharges from these outfalls.
    f.
    The City shall report its findings and
    recommendations to the Agency within six
    months of the conclusion of the monitoring
    program in paragraph
    (d) above.
    g.
    The city shall monitor its combined sewer
    overflows and all diversion structures
    containing stop planks on at least a weekly
    basis and after every rainfall and make
    written reports thereon and take corrective
    action as necessary.
    b.
    The City shall continue street and sewer
    cleaning efforts so as to minimize the
    bypassing of solid materials.
    i.
    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 with water quality
    standards.
    (Ag. Rec. at 10—li.)
    DISCUSSION
    The Board, in granting the temporary CSO exception in 1987,
    expressed concern as to “whether the proposed improvements will
    adequately control any environmental impacts”.
    (April
    1,
    1987 0
    & 0 at 7;
    77 PCB 17.)
    The information provided in the amended
    petition clearly indicates that the improvements have controlled
    environmental impacts.
    However, the Board shares the concern the
    Agency has expressed over CSO ER-2 and CSO IR-7A.
    Therefore, the
    Board agrees that elimination of these two outfalls or at a
    minimum the elimination of infiltration is necessary.

    6
    The Board has previously determined that Peru has met the
    level of justification necessary to be granted an CSO exception.
    (~
    April 1, 1987 0
    & 0 at 3; 77 PCB 13.)
    The temporary nature
    of the CSO exception was necessary to insure that the
    construction plan would be sufficient.
    The Board finds that the
    amended petition sufficiently establishes that the environmental
    impact of a permanent exception will be minimal.
    Therefore,
    the
    • Board grants Peru the requested CSO exception, with conditions.
    CONCLUSION
    Peru has requested a permanent CSO exception and the Agency
    has recommended that it be granted with specific conditions.
    The
    Board agrees that certain conditions are necessary to insure the
    continued quality of the streams into which the overflows
    discharge.
    Therefore, the Board will grant Peru’s request for
    exception from 35 Ill. Ada. Code 306.305(a),
    as it relates to
    first flush storm flows, and from 35 Ill. Ada. Code 306.305(b)
    subject to conditions.
    ORDER
    The Board hereby grants the city of Peru’s request for an
    exception from 35 Ill. Ada. Code 306.305(a),
    as it relates to
    first flush storm flows, and from 35 Ill. Ada. Code 306.305(b),
    subject to the following conditions:
    1.
    The City shall construct an additional hand-raked
    bar screen chamber for CSO IR-1 as described in
    the amended petition and extend the outfall pipe
    to the normal low water line of the Illinois
    River.
    2.
    The City shall eliminate the information at CSO
    IR-3 and extend the outfall pipe to the low water
    line of the Illinois River.
    3.
    The City shall commit to definite completion dates
    for the projects in paragraphs
    (a) and
    (b)
    above.
    4.
    The City shall submit a plan for inspection,
    monitoring, and sampling of CSO IR-l and CSO IR-3
    and for monitoring CSOs
    WR-3, WR-4,
    WR-4A, WR-6,
    ER-lA,
    ER-2,
    ER-C5, ER-2A, IR-5,
    IR-7A,
    IR-8, and
    IR-9 to the Agency no later than three months
    after the Board’s decision in this matter.
    This
    plan shall provide for the collection of
    sufficient data to determine the post—construction
    compliance with water quality standards for CSO
    IR-l and CSO IR-3 and to determine if any of the
    outfalls listed in this paragraph can be
    permanently sealed.

    7
    5.
    If CSO ER-2 and CSO IR-7A can not be permanently
    sealed, the City shall take whatever action is
    necessary to eliminate the infiltration discharges
    from these outfalls.
    6.
    The City shall report its findings and
    recommendations to the Agency within six months of
    the conclusion of the monitoring program in
    paragraph
    (d) above.
    7.
    The City shall monitor its combined sewer overflows and
    all diversion structures containing stop planks on at
    least a weekly basis and after every rainfall and make
    written reports thereon and take corrective action as
    necessary.
    8.
    The City shall continue street and sewer cleaning
    efforts so as to minimize the bypassing of solid
    materials.
    9.
    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 with
    water quality standards.
    10.
    This grant of exception is not to be construed as
    affecting the enforceability of any provisions of this
    exception,
    other Board regulations, the Environmental
    Protection Act, the Clean Water Act, or any other
    applicable federal regulation.
    IT IS SO
    ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/40.1) provides for the appeal of final Board orders within 35
    days of service of this decision.
    The Rules of the Supreme Court
    of Illinois establish filing requirements.
    (But see also,
    35
    Ill. Ada. Code 101.246, Motions for Reconsideration.)

    8
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that t e above opinion
    order was
    adopted on the
    __________________
    day of
    ___________________
    1994, by a vote of
    ~
    —c
    Dorothy M. G~4h,Clerk’
    Illinois Po(1)Ition
    Control Board

    Back to top