ILLINOIS POLLUTION CONTROL BOARD
April
7,
1988
CITY OF MORRIS,
Petitioner,
v.
)
PCB 86—4
ILLINOIS ENVIRONMENThL
PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.D.
Durnelle):
This docket was initiated upon
the January
3,
1986 Petition
for CSO exception,
filed
by Petitioner, the City of
Morris
(City).
Petitioner
seeks exception
to the treatment requirements
of
35 Ill. Adm. Code Section 306.305, which must be met unless
the Board grants an exception.
In specific,
Petitioner
seeks
to
be relieved
of the requirement to construct
and operate certain
combined sewer overflow treatment facilities.
This was not
a
joint petition.
A merit hearing was held on December
12,
1986.
Respondent,
Illinois Environmental Protection Agency (Agency),
filed
its
first Agency Response and Comments on February 19,
1987.
On
February
26,
1987
the Agency filed an Amended Agency Response;
and on October
16,
1987
a Second Amended Agency Response and
Status Report was filed.
These subsequent filings were
necessitated
as
a result of negotiations conducted with
Petitioner
and amendments
to
the Municipal Compliance Plan.
CSO REGULATIONS
The CSO regulations are set forth at
35 Ill. Adm.
Code
Subtitle
C, Chapter
I,
Part
306; and were amended
in R81—17,
51
PCB 383,
March
24,
1983.
Section 306.305 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.
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 efficient standards;
and
88—05
—2—
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.
d)
Compliance with
a treatment program authorized by
the Board
in an exception granted pursuant to
Subpart
D.
The regulations allow
the discharger
to
file
a Petition For
Exception either
jointly with the Agency or singly.
In
order
to
justify
a single petition such
as the one before the Board
the
petitioner must meet the requirements of
35
Ill.
Adm.
Code
Section 306.361(B),(C),(D), which states as follows:
Section 306.361
Justification of Joint Petition
“....
exception justifications shall
be established
in the
petition
for
exception as
follows:
a)
An exception justification based upon minimal discharge
impact
shall
include, as
a minimum,
an evaluation of
receiving stream ratios,
known stream uses,
accessibility
to stream and sideline use activities
(residential, commercial, agricultural, industrial,
recreational),
frequency and extent of overflow events,
inspections of unnatural bottom deposits, odors,
unnatural
floating material
or color,
stream morphology
and results of limited stream chemical analyses.
b)
Where
a minimal
impact exception justification cannot be
established pursuant
to subsection
(a), or where an
exception will
include
a modification of otherwise
applicable water quality standards,
an exception
justification shall
include, at a minimum,
evaluation
pursuant
to subsection
(a)
and evaluations of stream
sediment analyses, biological surveys
(including habitat
assessment)
,
and thorough stream chemical analyses that
may include but are not limited to analysis of
parameters regulated
in
35 Ill.
Adm. Code
302,
analysis
of toxics or metals
if the collection system tributary
to the overflow receives wastes which might contain
them,
sediment oxygen demand, volatile solids,
and
diurnal monitoring
under both dry and wet weather
conditions.
88—06
—3—
c)
Exception justification which include projections of
the
improvement
from alternative control
programs may
include reasonably reliable mathematical models based
upon
information gathered pursuant
to subsection
(b).
The reasonable reliability of
a mathematical
model shall
be assessed by reference
to factors including but not
limited to
the model’s scientific validity and the
consistency with which the model reflects conditions
in
the stream
as determined
by monitoring data.
d)
Where special circumstances may render any evaluation
inapplicable,
for reasons of
irrelevancy or expense of
data collection
in relation
to the relevancy of the
data,
the petition shall
include
a justification for
such
inapplicability.
BACKGROUND
The City of Morris,
located
in Grundy County,
Illinois has a
population of approximately 8,833.
The City
is located on both
sides of Illinois Route
#47 from the north bank of
the Illinois
River
to
a point north of Federal Interstate,
Route
#80.
The
Illinois River
flows
from east
to west along
the southern
boundary of the developed portion of
the City.
Local
industries
include Diamond International,
Metro Rubber Corporation and The
Northwestern Corporation.
The City of Morris sewage collection system consists
primarily
of
combined
sewers
that
have
one
overflow
which
discharges
to
a strip mine pond,
six
overflows which discharge
to
Nettle
Creek, two overflows which discharge
to the Illinois
River, and the outfall
from the excess flow treatment
pond, which
along with the treatment plant outfall, discharge
to Nettle
Creek.
The sewage treatment plant, with design average flow of
2.0 MGD and maximum capacity of 4.00 MGD,
operates pursuant
to
NPDES permit $~IL002lll3.
DESCRIPTION OF
RECEIVING STREAMS
Nettle Creek
Generally speaking, the
East Fork of Nettle Creek, which
extends
from the north edge of town
to its confluence with
the West Branch of Nettle Creek
at
a point approximately 1600
feet north of the Illinois River,
has an average stream width
of
20 feet, with
a
10 foot high bank above the thalweg.
The
stream bed gradient
is 0.015 ft. per
ft.,
and the stream has
a 10—year low—flow of
0 cubic
feet per second.
Below its
point of confluence with the West Branch of Nettle Creek,
the
average stream width
is
26
feet,
and the height of the stream
bank remains at approximately
10
feet.
The stream bed
88—07
—4—
gradient
is also
0.015 ft. per
ft. through this stretch of
stream with
a 10—year low—flow of
0 cubic
feet
per
second.
In most areas,
the creek
bottom
is based
on
a limestone
stratum that has been exposed due
to the action of the
stream.
This bedrock bottom is overlain with some amounts of
silt,
sand, gravel,
and larger stones.
This
loose granular
material appears
to be re—arranging itself after
each flood
and
is sometimes shaped
in
a bar—like formation on the creek
bed,
or
it accumulates
in the depressions of the bedrock
bottom.
In
general,
the
stream
banks
have
maintained
a
natural
appearance;
however,
increased
runoff over the past years
has
resulted
in scouring the stream bed
to
rock,
to
a depth of
approximately 10 feet below the surrounding land.
Even though the stream passes
through woodland,
it
is almost
entirely free of log jams and snags.
Grass and weeds grow up
to the edge of
the water
in many places and seem
to have no
effect on the flow of the stream and have not accumulated
trash and sewer—borne debris.
Description of Stream—Side Property
The northern portion of Nettle Creek, from the north limit of
town
to U.S.
Route
6,
lays
in
a fairly shallow broad
valley.
Below U.S. Route
6
to the Illinois River
the creek
runs
through
a
deeper
valley
with
steeper
sides,
which
lay
at
an
approximate
slope
of
2
horizontal
to
1
vertical.
Occasionally,
the
bank
on
one
side
of
the
stream
is
lower
than
that
on
the
other.
The
land
use
along
the
northern
stretch
of the
stream
is
large
residential
lots,
with
the
houses
located
a
fair
distance from the stream bed.
Near
the southern part of the
stream,
the
land
use
changes
to
industrial.
The
West
Branch
of
Nettle
Creek,
which
contains
no
sewer
overflows,
runs
through
Gebhard
Woods
State
Park,
and
has
never
resulted
in
a
critical comment
from
the Illinois Department
of
Conservation.
Illinois River
The
average
stream
width
in
the
Morris
area
is
approximately
500—600
feet,
with
the
average
height
of
bank
being
5
feet
to
15
feet
on
the
north
bank
of
the
River,
and
6
feet
to
8
feet
on
the
south
bank.
The
stream
bed
gradient
is substantial
at
a
0
hydraulic
gradient,
with
the
lower
level
of
the
Dresden
Lock
being
at
elevation 485
feet
and
the
upper
level
of
the
Marseilles
Lock being
at an elevation of
483 feet;
approximately 25 miles separate the two points.
The 10—year
low flow at Morris is 3,188 cubic
feet per second.
88—08
—5—
The bed
of the Illinois River
is basically carved
into
a clay
material which
is overlain with
a black water—borne silt
in
many areas.
In some places there are deposits of sand and
gravel
on the river bed
in place of the black
silt.
The
north bank of the River
is generally covered with a fine
river
sand mixed with some gravel.
While
the river
is fairly natural
in appearance,
it has been
dredged periodically
to maintain
a
9
foot shipping channel.
Through the years,
the dredged material
has been deposited
on
the river bank
adjacent to
the stream.
In general,
this
dredged material
is what the north bank
of the river
is
comprised of
in the Morris areas.
Description of Stream—Side Property
Through the City of Morris area,
the south bank of
the River
is primarily floodplain.
East of Route 47 the land
is mostly
tillable with seasonal
recreational
use of the
river
bank.
West of Route 47 the South bank turns
into
a low swampy area
with
a minor amount of
tillable land.
Further west
a sand
and gravel mining operation
takes place.
The north bank of
the River
rises
at
a
fairly constant slope
to the Illinois—
Michigan Canal
and then
to the City of Morris.
The south bank of the Illinois River
is fairly open and most
of the area is tilled and planted.
There
is
a line of trees
along
the waters’
edge and
a swamp—like
area paralleling
Route 47.
The north bank of the Illinois River varies
from
areas containing
trees and brush
to sandy beaches.
Strip
Mine
Pond
The
strip
mine
pond,
into
which
SSO—2
and
the
Butler
Street
Overflow
discharge,
is
located
in
the
northeast
part
of
town.
The
City
maintains
the
water
surface in this pond at
an
artificially
low
elevation
through
pumping
facilities.
The
average
width
of
this
pond
is
approximately
100
feet
and
the
length
is
approximately
1300
feet.
The
height
of
bank
from
top
of
water
to
adjacent
ground
surface
is
10—15
feet.
The
bed
of
the
strip
mine
pond
is
predominately
clay
material.
The mine is
a free standing
lake with no
variation
in
structure,
and
with
a
depth
of
approximately
10
feet.
This
lake
was
formed
by
open
pit
mining
of
coal
which
was
about
20
feet
below
ground
surface.
There
is
no
accumulation
of
debris
within
the
pond
and
the
banks
are
clean
although
covered
in
some
areas
with
grass
and
weeds.
88—09
—6—
The
west bank of
the strip mine
is residential.
The
residential property
is separated
from
the strip mine by a
chain link fence
and bushes.
The east bank of
the pond
is
a
strip mine area which consists of piles of gray clay.
The
west bank
of the pond
is extremely steep and devoid of cover,
while
the east bank contains some vegetation and some minor
amount of grass near the waters’
edge.
The quality of the water
in the pond appears quite good
and
unaffected by very infrequent discharge from the combined
sewer system.
Petitioner
has provided
the following data regarding CSOs:
Intensity of
Calculated
CSO
Frequercy
Point of
Rain
Causing
Dilution
Designation
of Overflow
Discharge
Overflow
Ratio
CSO—2
6
Times/yr
Nettle
Creek
0.5”/Hr
5040:1
CSO—3
6
Times/yr
Nettle
Creek
0.5”/Hr
263:1
CSO—4
15
Times/yr
Nettle
Creek
0.3t1/Hr
138:1
CSO—5
18
Times/yr
Illinois Creek
0.25”/Hr
223:1
CSO—6
9
Times/yr
Illircis
Creek
0.4”/Hr
88:1
SSO—l
1
Times/2
yr
Nettle
Creek
3.46”/Hr
11302:1
SSO—2
1
Tirnes/2
yr
Mine
Pond
3.46”/Hr
38:1
SSD-Butler
Street
3 Times/2 yr
Mine
Pond
l.82”/Hr
33:1
2.38 ~‘/Hr
3. 46”/yr
SSO—3
3
Times/2
yr
Combination
l.82”/Hr
Data
Not
Sewer
2.38”/Hr
Provided
3. 46”/Hr
SSO—4
3
Times/2
yr
Storm
Sewer
l.82”/Hr
2367:1
Nettle
Creek
2. 38”/Hr
3. 46”/Hr
Existing
Treatment
Plant
The
existing
treatment
plant
consists of contact stabilization
package
plants
in
circular concrete tanks.
This provides secondary
treatment
and
chlorination;
it
was
constructed
in
1970.
There
is little vacant land
left for expansion on the existing
property owned by the City at the sewage treatment plant.
All of the
neighboring property in the plant location
is developed
and
occupied.
The existing plant
site does offer limited
room
for
expansion of secondary treatment
facilities.
88—10
—7—
At the present
time
the City
of
Morris’
sewer system consists
primarily of combined sewers which were built
prior
to World War
II.
This portion of the system experiences basement backups and
overflows
from the system during periods of high precipitation and
high groundwater.
High groundwater seriously affects
the combined
sewers because of the geology
in most of the areas
in Morris.
Generally speaking,
the City
is underlain with bedrock at depths
varying
from 2
to
6
feet.
The shallow bedrock
traps
precipitation
in
the overlying
soils
as groundwater, which migrates
to loose joints
in
the combination sewer, but primarily migrates
to drain
tile which are
constructed around basement foundations,
where
it enters the combined
sewer system.
In some portions of
the older part of
town,
the City has
constructed
storm sewers
in
an attempt
to alleviate flooding problems
in residential
and commercial
basements.
This construction program
has been successful
to
an extent,
but does not totally eliminate the
basement backup.
Neither
has the construction been effective
in
totally separating
storm
and sanitary sewers,
so
that these areas can
still
be considered
to be
served with combined sewers.
In some of
the new parts of the town,
the
sewer systems were constructed
as
sanitary and storm
sewers, and
in these locations no overflows exist
nor does
sewer overloading occur.
At the present
time,
there are 9 overflows.
There
is also one
excess
flow treatment pond discharge
and one secondary treatment
plant discharge.
INFLUENT/EFFLUENT
INFORIIATION
Data
provided
by
Petitioner
indicates
the
following
data:
Average
flow:
1.140
MGD
Calendar
1986
Peak
flow:
3.715
MGD
10/5/86
Peak
sustained
wet
weather
flow:
1.536
MGD October,
1986
3
low
flow
months
(1986)
=
0.884
MGD
Average
Organic
Load:
1,235
#/Day twelve month average influent BOD during
1986.
Industrial
Component
of
Organic
Load:
Estimated
to
be
88
#/day
based
on
the
existing
industrial
flow
of
0.035
MGD
at
an
assumed
strength of 300 ing/l.
Current Population:
8,833 per U.S.
Census
Effluent Quality:
BOD5:
12.9 mg/I twelve months average during 1986.
TSS:
8.8 mg/i
twelve month average during
1986.
Fecal
Coliforrn:
44 per
100 ml
twenty month average
from 1983
thru December
1984.
Other:
0.49 mg/l of chlorine
residual and pH of 7.3 from May 1983
thru December
1984.
Water Quality Standards:
4.7 mg/l
of ammonia nitrogen from May 1983
88—11
—8—
through December 1984.
PROPOSED MUNICIPAL COMPLIANCE PLAN
The Amended Municipal Compliance Plan,
as proposed by Petitioner,
is
as
follows:
I.
De—Rate
the existing secondary sewage treatment plant
to
1.33
NIGD.
2.
Rebuild
the existing raw sewage pumping station with two new
variable rate pumps, each having
a capacity of
3.181 MGD,
and each controlled
by
a variable frequency drive which
would match pumping with
incoming flow.
3.
Rehabilitate
the old retired anaerobic digestor to serve as
a
sludge—thickener/storage
tank.
4.
Construct
a
new
outfall
sewer
from
the secondary plant to
the
Illinois River.
5.
Install
a
new
recording,
indicating, and totalizing meter
in
the
excess
flow
treatment
control
building,
and
also
install
a
new
rotometer
in
the
chlorination
facilities
at
the
excess
flow
treatment
facility,
which
will
allow feeding
approximately
300
lbs
of
chlorine
per
day.
6.
Continue
to
seek
a
CSO
exception
for
existing
overflow,
the
excess
flow
treatment
pond
discharge,
and
the
sewage
treatment plant bypass.
During the design and construction
phases and for
a period
of
two years thereafter, monitor
all
sewer system overflows identified
in
the
CSO
report
as
SSO—l
thru
SSO-4,
and record overflow occurrences,
approximate
volumes
and
quality
of
the
discharge.
If
discharges are
a
continuing
problem.
and
relief
is
not
granted
from
regulations by the Board,
the City will construct additional
facilites
to correct
the problem.
7.
All
nine
overflows
from
the
combined
sewer
system
will
be
inspected
to
determine
how
much
the
overflow
sills
can
be
raised without causing basement backups.
The diversion
manholes will also be fitted with bar grates which will
intercept
floating solids
in the diversion chamber
and
prevent them from discharging
to the receiving
stream.
Any
overflow which
is affected by flooding from
the Illinois
River
will
be
fitted with
a flap gate
to preclude river
backup
into the combined sewer
system.
All
of these overflows will be closely monitored
by City
personnel
to determine
the effectiveness of maximizing
the
flow in the trunk sewers,
and to prevent unnecessary
discharges.
88—12
—9--
The City will also construct storm sewers
in three areas of
town,
two
of
which
would
drain
to
Nettle
Creek,
and
one
which would drain
to
the river,
in an effort
to reduce the
amount of storm
flow
into the combined sewer system, and
thereby provide additional capacity for sanitary sewage.
These
three sections of storm
sewer
are shown on
accompanying Figure
5.
The proposed implementation schedule
is as follows:
In order
to comply with dry weather
flow criteria the
following construction must be completed by July
1,
1988:
(l.e., new outfall
sewer
and rehabilitated digester)
A.
MCP
approved
B.
Complete
design
C.
Bid
letting
D.
Begin
construction
E.
Complete
construction
September
1,
1987
January
1,
1988
March
1,
1988
April
1,
1988
July
1,
1988
The balance of the work at the plant will be scheduled as
follows:
(i.e.,
rebuilt pumping
station and excess flow
facilities)
A.
Complete design
B.
Bid
letting
C.
Begin construction
D.
Complete construction
February
1,
1988
May
1,
1988
June
1,
1988
December
1,
1988
The combined
sewer overflow work will be scheduled
as
follows:
A.
Complete
design
B.
Bid letting
C.
Begin construction
D.
Complete construction
February
1,
1988
May
1,
1988
June
1,
1988
October
1,
1988
The
storm
sewer
construction
will
be scheduled
as follows:
Benton
Street
Section
A.
Complete
design
B.
Bid
letting
C.
Begin construction
D.
Complete construction
Jefferson Street Section
March
1,
1988
June
1,
1988
July
1,
1988
June
1,
1989
January
1,
1989
April
1,
1989
May
1,
1989
A.
Complete
design
B.
Bid
letting
C.
Begin
construction
88—13
—10—
D.
Complete construction
November
1,
1989
Pine Street Section
A.
Complete design
January
1,
1990
B.
Bid
letting
April
1,
1990
C.-
Begin construction
May
1,
1990
D.
Complete construction
November
1,
1990
Estimates by Petitioner
place
the
total cost of the proposed
compliance plant at 2,600,000., which
is an
increase of 0.85
per
household
to
a total
of $13.49/mo/household
user.
AGENCY POSITION
On February
23,
1987,
the IEPA filed
its initial Agency
response and comments;
although the Agency subsequently
filed
amended responses,
these adopted
the
initial position which
criticized Petitioner’s proposal on several grounds.
The Agency
asserted that Petitioner
failed
to justify
a permanent exception
on several grounds.
Specifically the Agency stated that
Petitioner
failed
to provide complete information regarding
impacts on receiving streams; Petitioner
failed to show
unreasonable hardship; Petitioner’s plan incorporated unpermitted
and unallowable overflows on sanitary sewers;
and that additional
monitoring
is
needed
to
clear
up
certain
uncertainties
about
the
effectiveness of Morris’
proposal.
The final Agency position
recommends this Board’s granting
a provisional exception with
continued monitoring
for
a period
of several years.
The Agency contests the
first
flush analysis conducted
by
Petitioner.
Additionally,
data
regarding
frequency
of
CSO
discharges
was
derived
from
calculating
——
not
flow
monitoring.
The
Agency
asserts
that
the
calculated
figures
are
incongruent
with
first
flush
analysis
data
contained
in
the
June,
1985
CSO/SSES
report
submitted
by
Petitioner.
The
Agency
points
out
that
if
the
rainfall
intensity
data
from
the
first
flush
analysis
is
correct,
then
the
actual
rainfall
frequencies
of
overflows
would
be
much
greater
than indicated
in the
consultant’s
testimony.
R.
206J.
The
Agency
correctly
points
out
that
the
most
accurate
method
of
determining
overflow
frequency
for
a
combined
sewer
overflow
is
through in-field
monitoring
at
the pipe.
Thus,
the Agency concludes,
Petitioner
has failed
to provide sufficient data regarding the rainfall
intensities which result
in overflows.
Additionally,
the Agency avers that
Petitioner
failed
to
conduct
a Phase
III
chemical
and
biological
study
pursuant
to
35
Ill.
Adm. Code 306.361.
Although the city has argued that the
City was informed by IEPA that such was not necessary, this has
not been proved;
and the effects
of such
proof is speculatory at
best, since
these requirements are clearly set forth
at
35 Ill.
88—14
—11—
Adm.
Code 306.361.
The Petitioner admitted that
it did
not
perform
the biological
survey,
or
a
stream chemical analysis or
an
analysis
of
toxics
or
metals.
R.
84,
88.
Petitioner
attempted
to
justify
its
exception
based
on
minimal
discharge
impact.
35
Ill.
Adm.
Code
306.361(a).
But
as
the
Agency
correctly points out,
Petitioner’s evidence
is based
upon
expected
values
not
observed
or
inspection
reports.
Conversely,
the Agency produced witnesses who testified
from
personal
knowledge regarding odors, turbidity and debris
in
addition
to the potential
for human contact especially
at CSO—2
and CSO—61
R.
210,
211
In contesting Petitioner’s claim of hardship the Agency
asserts
that
Petitioner
failed
to
adequately
demonstrate
why
the
City could not use general obligation bonds or revenue bonds or
raise
users
fees.
The Agency pointed out that even using
the
estimates
from
the City’s mayor, the City currently may issue
bonds
for $4,709,275.
The Agency asserts
that
Petitioner could
spend $400,000
for the treatment plant,
$505,000 for
the Benton
Street sewer project, $552,000
for
the Jefferson Street project
and $643,000
for the Pine Street project
——
all
from general
obligation bonds.
Petitioner testified that the current monthly user charge
per household
is currently $9.49.
The City’s estimate
for the
increases in
the
sewer bill
totals $8.98
for
a new sewer
bill
of
$18.47.
The Agency testified that Morris users could afford
a
monthly Charge
in the range of $27 to $39.
R.
221.
Although
Petitioner contested the Agency’s data regarding median household
income,
no other data was presented.
R.
2301.
Finally,
the Agency asserted that Petitioner
included
unallowable overflows on
a separate sanitary sewer;
specifically
SSO—l,
SSO—2
and
SSO—Butler
Street
are
claimed
to
be
sanitary
sewer
overflows.
This
may
or
may
not
be
merely
a matter
of
semantics as indicated by Petitioner’s consultant
R.
1061
but
the Board does not at this time decide
this issue.
It should
be
noted
that notwithstanding
its statements regarding
the purported
SSO’s
the Agency recommended
to this Board that Petitioner
be
granted
a provisional exception.
The Board agrees with the Agency that Petitioner
has
failed
to justify its Petition
for permanent exception.
The proposed
plan
fails to address
long
term impacts and based upon the
evidence presented granting of
a permanent exception at this time
would
be premature.
On
the other hand
Petitioner seems to be on
the right
track
with its compliance plan.
Only implementation of
the above described compliance plan, with continued monitoring
will provide
the complete data necessary
for
a permanent
exception.
88—15
—12—
ORDER
The
City
of
Morris,
Grundy
County
is
hereby granted
a
temporary exception
to 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.
The
temporary
exception
is
granted
until January
1,
1992
from 35
Ill.
Adm.
Code 306.305(a)
regarding
first
flush
of storm flows
and from
35
Ill.
Adrn. Code 306.305(b).
2.
Morris shall
implement the municipal compliance plan set
forth at
p.
8,
above,
of this Opinion and Order.
3.
Morris
shall implement the above referenced municipal
compliance plan according
to
the schedule set forth
at
p.
8, above,
of this Opinion
and Order.
4.
If,
on or before November
1,
1991,
the City of Morris
fails
to
submit
an
amended
petition
for
exception,
this
temporary exception will
terminate on November
1,
1991.
5.
The City shall comply with the provisions of 35
Ill.
Adm. Code 306.361(b)
and
(c)
unless,
pursuant
to
subsection
(ci)
the City includes
a justification
in
its
amended petition for the inapplicability of the required
evaluations,
or the Agency as
a joint petitioner agrees
that there
is
a minimal discharge
impact.
6.
The three segments of storm sewer work,
that is, Benton
Street, Jefferson Street and Pine Street, shall be
completed by December
31,
1992.
7.
Once the storm sewer
improvements are completed, the
City
shall
conduct
an
extensive
flow
monitoring
study
of
the
combined
sewer
system
and
assess
decreases
in
overflow
frequencies,
durations
and
strengths.
This
study
shall
be
submitted
to
the
IEPA
upon
completion.
During
this
period,
Morris
may
undertake
the
Phase
III
Study
or
provide
justification
for
not
conducting
a
Phase
III
Study.
8.
The
City
shall
monitor
overflow
frequencies,
duration
and strength
for SSO—l,
SSO—2,
and SSO—Butler Street
during
the
period
between
the
issuance
of
the
Board
Order
and
the
completion
of
the
storm
sewer
improvements
and
for
a
period
of
at
least
one
year
afterwards.
9.
Should
the
monitoring
results
indicate
the
SSO—l,
SSO—2
and
SSO—Butler
Street
cannot
be
safely
removed
from
the
existing
collection
system,
and
that
the
overflows
cannot
be
demonstrated
to the Agency to be emergency
88—16
—13—
overflows,
the City shall undertake whatever measures
may
be
necessary
to
modify
the
system
to
remove
these
overflows.
10.
The City shall conduct
further
investigation for
the
purpose of
timely locating and removing all remaining
sanitary
sewage
sources
contributing
to
the
replaced
trunk
sewer
which
terminates
as
CSO—2.
Once
the
removals
are
completed, the City shall disconnect this
sewer
from
the
sanitary
sewer
and
operate
it
as
a
storm
sewer
Board
Members
B.
Forcade
and
3.
Marlin
dissented.
IT
IS
SO
ORDERED.
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
_____________,
1988
by
a
vote
4
-
.
~
~.
_____
Dorothy
M.
ann,
Clerk
Illinois Pollution Control Board
88—17
