ILLINOIS POLLUTION CONTROL BOARD
October
15,
1987
CITY OF OGLESBY
Petitioner,
V.
)
PCB 86—3
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J.
Anderson):
On February
5,
1987,
the Board issued an Opinion and Order
in PCB 86—3 granting the City
a temporary CSO Exception.
In
agreement with
the concerns
of the Agency
at and subsequent
to
hearing,
the Board imposed Condition
3(b):
Unless
authorized
by
the Board
upon
a petition for
modification
of
this
order,
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.
Pursuant
to this provision,
the City filed
a request with the
Board
on September
30,
1987
for
an expedited
“temporary variance”
from the Order of February
5,
1987.
On October
6,
1987,
the City
and
the Agency conferred by telephone concerning
the request.
On
October
9,
1987,
the Agency filed
a response supporting
the
City’s
request that the matter
be given “expedient”
consideration.
The City
filed supplements
to
the request with
the Board
on October
14.
Given
the parties’ request
for
an expedited decision,
Board
staff contacted
the Agency
by telephone to determine whether
the
Agency intended
to file any additional response
to the City’s
October
14
filings.
As the Agency does not
intend
to
do so,
the
Board will decide
the motion today.
In summary,
the City had requested that the Order
be
modified to allow connection
of non—residential
flows
totalling
no more than 360 population equivalents
(P.E.)
without further
proceedings before the Board.
The Agency recommends
that the
Board allow the connection of
17
P.E.
to serve
a commercial
establishment
——
a facility
to be operated by the McDonald’s
Corporation,
subject
to conditions.
For
the reasons expressed
82—243
—
below,
the Board will allow at
this
time only the
17
P.E.
connection.
The City seeks
the additional
360
P.E.
in hook—on capacity
to service
a newly developing
area near Interstate Highway
39
and
the Oglesby Spur Road.
The City expects
this area to
be
a
“highly commercialized
area geographically
located one—half the
distance between
the existing commercial
centers of Bloomington
and Rockford.”
The City proposes
to construct
a new force main
to be
located
near
the Oglesby
Spur Road and new Interstate
39 which
would direct
all sanitary flows
from
an existing lift station
directly
to the head—end of
its sewage treatment plant rather
than
into
a combined sewer.
The City anticipates
that the pre—
construction planning
and permitting
process would be completed
between January and June,
1988,
construction would begin
in July,
1988 and
be completed
by October,
1988.
Estimated costs
for
this project
range between $120,000
and
$150,000.
This
force main project would be coordinated with the
sewage treatment plant
(STP)
improvements
in
the City’s approved
Municipal Compliance Plant
(MCP),
and would
be financed
as an
addition
to the MCP.
The City
calculates
that
its STP and sewer system “could
reasonably accept”
a maximum additional
flow of
360 P.E.
until
such
time as the force main
is operational.
The sole stated
basis
and justification for its belief
is
“that
the design
hydraulic capacity of
the STP
is 0.879 MGD;
that
the average
flow
for
the three
(3) lowest months within the last twelve
(12) month
period based
upon Discharge Monitoring Report
(DMR)
records
is
0.401 MGD;
that
the results
of said testings demonstrate
a
reserve hydraulic capacity of 0.401 MGD;
and that the population
projection
for
the 20—year design period
included in the approved
facilities plan report was 398 persons which would result
in an
additional
flow
of 0.0398 MGD.”
The City
of Oglesby anticipates significant financial
hardship
in the event
that additional connections
to the sanitary
system
in the west area are not allowed.
Considerable effort and
financial
resources have been expended
to date by the City
to
attract economic growth
to this area by virtue of
implementation
of
an Enterprise
Zone,
a
tax increment financing
(TIF)
district
and securing
a $300,000 Build Illinois Grant to extend sanitary
sewer
to this
area.
The City relates that
it has been negotiating with
developers
interested
in this area,
including one who proposes
to
develop
a truck
stop,
as well as the McDonald’s franchise
owner.
The City further asserts
that its efforts
to market
this
area
to potential developers
is hampered
by the need
to approach
82—244
—3—
the Board
for case—by—case hook—on approval,
noting that
a
potential
truck terminal developer had relocated
to another
area
when
it was advised of the estimated one—month
to four—month wait
for Board approval of individual hook—ons.
In the PCB 86—3 proceeding,
the Board noted
that the
majority of the City’s system
is served by
a combined sewer
system with high
rates of inflow.
The Board noted
that questions
remained concerning
the hydraulics of
the system overall.
The
Board
also noted
that the system
is subject
to dry weather
overflows,
and specifically noted
the Agency’s concerns about:
The
effects
on
the
combined
sewer
system
of
the
planned
force
main
and
pumping
station
to
accommodate
growth
near
the
new
expressway.
The
Agency
recommends
that
as
a
condition
of
the
temporary
exception,
no
new
significant
expansion
be
allowed
in
the
service
area
tributary
to
combined
sewers
until
the
City
can
show
that
the
existing overflow problems will not be aggravated.
As
the Board shared
this concern,
the Board stated that:
Regarding
the
constraints
on
expansion
of
the
service
area,
the Order allows
the City,
by way
of
motion
for
modification,
to
request
the
Board
to
allow hook—ons beyond
the residential
15 Population
Equivalent
(PE)
limitation.
(see
Paragraph
3
of
the
Order).
The
Board
cautions
the
City
that
it
must
submit
justification
data
of
sufficient
specificity
for the Board
to evaluate the hydraulic
effects
of
the
new
loadings
on
the
system,
including
upstream—overflows,
and
the
effects
on
the quality of
the overflows.
The City has failed
to provide information concerning
the
effects of addition
of an additional
360 P.E.
to
its system
during
the eighteen month period prior
to completion
of
its force
main
line and STP improvements.
The City’s calculations
of
potential capacity
to transport and treat
these
flows were based
on low—flow conditions,
it
is axiomatic that combined sewer
overflow problems are greatest during wet weather periods.
Accordingly,
the City’s calculations have little persuasive
value.
The force main proposed by the City will likely solve
the
City’s CSO problems
in the area
of concern,
and
the Board
encourages
its efforts.
The Board
is not unsympathetic
to the
City’s economic arguments,
and does not wish this Order
to be
construed as
a finding by the Board
that the City could never
make
an adequate showing
to allow
the Board
to grant
a
“blanket”
82—245
—4—
hook—on authorization.
The data presented here
is simply
inadequate.
While the City has presented no data concerning
the effects
of allowing hook—up of even 17 P.E.,
the Board
is inclined to
allow
the
17 P.E.
hook—on
for
the McDonald’s facility
as
recommended by
the Agency;
the hook—on will have
little more
effect than addition of
a
15
P.E.
residential hook—on,
and will
generate
tax revenues
for the City.
The Board cautions, however,
that
it will not look with favor
on requests
for additional
hook—
ons whose sole basis
for justification
is
an asserted
“de
minimus” addition
to
an already over—loaded
system.
The Board hereby modifies
its Order
of February
5,
1987
by
addition of
a new paragraph
5:
5)
Pursuant
to
the City’s motion for modification
of
paragraph
3(b)
above,
filed
on September
29 and
supplemented on October
14,
1987,
the City
is granted
authorization to
seek,
and the Agency authorization
to
issue permits for,
additional connections
to existing
sewers which
serve
the area located
near
the
intersection of Interstate Highway
39 and Oglesby Spur
Road,
subject
to
the following conditions:
a)
The connection
is
restricted
to
a maximum
additional
flow
of
17 population equivalents
to
accommodate
the development
of
a single commercial
enterprise.
Applications
for permits
for this
connection
shall be
filed by December
15,
1987;
b)
The City shall proceed with
its planned
construction of
a proposed force main
to conduct
flows from this
area directly
to
its sewage
treatment plant,
consistent with
the timetable
in
its letter
to the Board of October
9,
1987 attached
to and incorporated
by reference
in this Order;
and
c)
The connection authorized pursuant to paragraph
5(a)
shall
be terminated
once the proposed force
main
is operational.
IT
IS SO ORDERED.
B.
Forcade dissented.
82—246
—5—
I,
Dorothy
M.
Gunn,
Clerk of the Illinois Pollution Control
Board, J~erebycertify
j~iat
the above Order was adopted on
the /~~day of
6’c~—r~~-&~
,
1987,
by
a vote
of
~~—/
Dorothy
.
Gunn,
Clerk
Illinois Pollution Control Board
82—247
4
(3gLcs4i,
~fl1~wis
Closest
City
to
Starved
Rock
and
/tfatth/essel7
State Park~
October
9,
1987
Order
i:PCB86_3
Illinois
Pollution Control Board
State of
Illinois
Center
100 West Randolph
Street
Suite
11—500
Chicago,
IL
60601
SUBJECT:
City
of Oglesby
Pollution Control Board
Gentlemen:
As
a
follow—up to
the motion
filed September
30,
1987 per
letter dated September
1987,
the
City
of Oglesbv submits
the
following additional information relative
to this proposal
to construct
a forcemain
that would direct all
flows from
an
existing lift station
directly to
the
head—end
of
the sewage treatment
plant,
thereby eliminating any effect
of flows
from the lift station upon
the combined
sewer
system.
The following
is
a project schedule
to implement
the above—referenced project:
A.
Plans and specifications
complete and ready for
submission to IEPA for
review and permit.
B.
Plans
and specifications received from IEPA with
review comments.
C.
Plans
and specifications modified
to comply with
IEPA review comments,
D.
Plans and specifications approved
by
IEPA.
E.
Secure
land,
right—of—way,
and
easements.
F.
Secure
local financing.
G.
Initiate
construction.
H.
Complete construction.
Member
of
Illinois
Municipal
League
82—248
January
15,
1988
March
15,
1988
April
15,
1988
Nay
1,
1988
June
1,
1988
December 30,
198
July
1,
1988
September 30,
19
*
Page
Two
October
9,
1987
Please consider this letter
an
addition
to
the original motion referenced
in
City
of Oglesby,
Petitioner vs.
Illinois Environmental Protection Agency,
Respondent,
PCB
86—3.
Also,
please
be advised
that
the City will
file an affidavit
supporting the
original motion and this supplement on
or before October
15,
1987.
Sincerely,
Gerald
F.
Scott,
Mayor
GFS:law
cc:
Gerald Hunter,
City Attorney
Chamlin
& Associates
Attorney Tom Davis,
IEPA
Larry Schmitt,
IE?A
Rich Kotner,
IEPA
File
82—249