ILLINOIS POLLUTION CONTROL BOARD
April
1,
1987
IN THE MATTER OF:
THE PETITION OF THE CITY OF
)
CLINTON SANITARY DISTRICT FOR
)
PCB 85-216
EXCEPTION TO THE COMBINED SEWER
)
OVERFLOW REGULATIONS
MR. STEPHEN MYERS APPEARED ON BEHALF OF THE CITY OF CLINTON.
MR.
THOMAS LAMKIN APPEARED ON BEHALF OF THE CLINTON SANITARY
DISTRICT.
MS. KATHLEEN
C.
BASSI APPEARED ON BEHALF OF THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY.
OPINION AND ORDER OF THE BOARD
(by J.
Marlin):
This matter comes before
the Board on
a petition for an
exception
(Pet.)
to the combined
sewer overflow regulations of
35
Ill.
Adm. Code 306.305(a),
(b)
and
(c)
filed by the City of
Clinton
(City)
and the Sanitary District
(District)
on December
30,
1985.
By its Order
of January
9,
1986,
the Board
required
the City and
the District
to submit additional information.
They
responded
to this Order
with their
filings of February 20,
1986
and July 31,
1986.
A hearing was held
in this matter
on October
31,
1986.
The last brief was filed
on January 14,
1987.
The City has
a population of
8,
014, accordingto
the 1980
Census.
(P.
48).
It is served by a tertiary wastewater treatment
plant which
is owned
and operated
by the District.
(R.
28).
The
designed average
flow rate of the plant
is 1.68 million gallons
per
day (MCD),
but
it can handle
a peak flow rate of 4.2 MGD.
The plant’s treatment complies with effluent limitations.
(R.
75).
Forty—six percent of
the sewer system which serves
the
City consists of combined sanitary and
storm sewers.
These
combined sewers drain approximately 430 acres of storm water.
According to the City and the District, there are no
significant
industrial discharges
to the system.
(R.
48).
The combined sewers are quite
old.
Some of the combined
sewers date back to the mid—1800’s;
the most
recent were
installed
in the 1930’s.
(Pet.,
Exhibit
C, Appendix A,
p.
2—7,
R.
61).
According
to
the District,
the
interceptor systems are
owned
by the District, whereas the collector sewer systems are
owned
by the City.
(P.
37).
The ownership of
the combined
sewer
outfalls has not yet been determined.
The City and the District
will resolve that issue, by agreement,
once
it
is known how the
system must
be improved.
(B.
7,
29).
77-1
2
The City and the District have identified
seven combined
sewer outfalls which discharge into Coon Creek, Ten Mile Creek,
and their
tributaries.
(R.
49).
According
to the City and the
District,
there
are
an estimated
53 combined
sewer overflow (CSO)
events
to Coon Creek
on an annual basis.
A lesser number of
overflows occur
for
Ten Mile Creek.
(R.
54).
Using data from outfall monitoring
of six of the CSO’s,
the
City and the District estimate the following
first flush flow
volumes for
a one—year, 1.2 inch design storm.
CSO Location
First
Flush Flow Volume
(gallons)
Webster Street
149,6000
Woodlawn
169,796
County Museum
23,188
Main
& Isabella
0
ICRR
193,732
Waterworks
626,076
The City and
the District readily point out that dry weather
sanitary overflows are occuring at the ICRR and Woodlawn
locations
in addition
to the wet weather
overflows.
Also, water
discharges
from the Waterworks outfall
at times when,
in theory,
there
should
not
be any discharge.
It
is suspected that this
discharge
is the
result of
an unknown sanitary connection
to the
outfall.
(B.
99).
It
is
the City’s
and the District’s position that full
compliance with the combined sewer overflow regulations
is
economically unjustified,
since
they believe that only minimal
environmental benefit would result from compliance
(R.
30).
Improvements necessary to achieve compliance would cost $2.2
million, according
to the City and the District.
The proposed
plan,
Alternative
A,
is set forth by the City and
the District as
the only economically justified course of action.
(B.
7).
Alternative
A,
which would
cost $324,000, calls for
the following
improvements:
1.
Eliminate the Gibson Street overflow by constructing
an
eight—inch gravity sewer,
thereby, diverting the flow
to
the Webster Street Lift Station.
2.
Plug an overflow pipe at Main
& Isabella
to prevent
storm
sewer backups into the combined
sewer..
3.
Raised buried manholes,
which have been covered
in the
past street pavement,
to facilitate sewer maintenance.
77-2
3
4.
Raise
the weir heights at the ICRR and Woodlawn
diversion chambers
to eliminate dry weather overflows.
5.
Identify and eliminate the suspected sanitary discharges
to the Waterworks Park outfall.
(R.
53—54).
Essentially, the plan eliminates two outfalls and attempts
to eliminate
the dry weather
overflows.
It
is claimed
that such
improvements will,
on an annual average, enable the capture of 13
percent of the
first flush volume.
(R.
54).
With regard
to the
one—year design storm of 1.2 inches,
the system,
as
improved by
Alternative
A, would
capture 6.5 percent of the first
flush.
(R.
71).
Environmental Impact
As
a part of the Phase
II
study commissioned by the City and
the District,
an investigation of the receiving streams and
surrounding
land use was conducted for each CSO (except Gibson
Street)
in
1985.
(Pet.,
Exhibit C).
Results for the Phase
II
study are presented below as
they pertain
to each CSO.
In
addition,
the
impact that the City and the District’s proposed
plan,
Alternative A,
would have on each CSO
is discussed.
This
affords a comparison between the existing environmental problem
and the proposed solution.
Waterworks Park
Stream Condition:
“A black sediment, present on the creek
bottom from the discharge pipe
to approximately
500 feet
downstream of the pipe,
ranged from grit
to slurry with a
strong septic odor.
Algae
and plant life
in the creek seemed
to be more highly concentrated
in the area containing
the
black sediment.8
Surrounding Land Use:
“In the
immediate area of the
discharge are the Street Department buildings and yard and
the City Waterworks....Jaycee Park located approximately 1000
feet downstream of the discharge has tennis,
basketball,
playground and picnic facilities....The
park receives heavy
use by small groups.”
(Pet.
Exhibit
C,
p.
39)
Proposed Alternative
A:
Alternative A calls
for
the
identification and elimination
of unknown sanitary
connections
to the outfall.
The existing CSC, which
discharges
to Coon Creek, would
not be eliminated.
ICRR:
Stream Condition:
“A black grit containing glass, plastic
items,
rag pieces,
and other debris lines
the creek bottom
77-3
4
from
the discharge
to at least
500 feet downstream.
The
black sediment was
18 inches thick at the overflow pipe and
decreases
in thickness downstream....Sanitary debris were
present
in the streamside vegetation.”
Surrounding
Land Use:
“A large liquid fertilizer plant
is
located
on the south bank of Coon Creek downstream of the
ICRR CSO discharge.
A motel, separated from
the Creek by a
narrow tree line
is on the north bank.
Further downstream
is
Madison Street bridge.”
(Pet.,
Exhibit
C,
p.
38—39)
Proposed Alternative
A:
Alternative A would attempt
to
eliminate the dry weather overflows from this outfall.
However, this CSO would continue
to discharge
into Coon
Creek.
Woodlawn Avenue:
Stream Condition:
“A black sediment averaging 6—inches
in
thickness, extended from the overflow pipe
to approximately
100 feet downstream.
The sediment has
a very strong septic
odor which is noticeable
in the area surrounding the
discharge pipe.
Sanitary debris was observed
in shoreline
vegetation.”
Surrounding
Land Use:
“A small
apartment building and
residential home
are located near Ten Mile Creek at the
Woodlawn Ayenue CSO discharge.
Further downstream,
the
channel
is surrounded
by dense
brush
and residential
homes
are located several hundred
feet from the Creek.
Immediately
upstream
is the Woodlawn Avenue bridge and the Woodlawn
Cemetery.”
(Pet.,
Exhibit
C,
p. 40)
Proposed Alternative A:
Alternative
A would attempt
to
eliminate the dry weather
overflows from this outfall.
However,
this CSO would continue
to discharge into Ten Mile
Creek.
County Museum:
Stream Condition:
“A black sediment about 6—inches thick
with
a
strong septic odor extended from the discharge pipe
to
approximately 200
feet downstream.”
Surrounding Land Use:
“The DeWitt County Museum is located
approximately 100
feet upstream of the discharge.
The Museum
grounds surround
the discharge along
the south bank and
extend several
hundred
feet downstream
to U.S.
51.
The
museum grounds near the CSO discharge receive light usage
except during
the annual Apple
and Pork Festival.
The
77-4
5
festival has
a 16—year history with 60,000 people attending
the 1984
festival.
The County Fairgrounds are located along
the north bank across
from the Museum grounds.
The
fairgrounds
are used yearly for
the DeWitt County Fair and
the Apple
and Pork Festival.
Across U.S.
51,
the receiving stream flows through Woodlawn
Rest Park.
The park has open lawn areas with picnic
facilities, playground equipment,
and horseshoe pits.
The
City allows overnight camping
at the park which has
electrical
hook—ups and pit toilets for this purpose.”
(Pet.,
Exhibit
C,
p.
40—1)
Proposed Alternative
A:
Nothing
in Alternative A would alter
this CSO as
it discharges into
a small ditch tributary to Ten
Mile Creek.
Webster
Street:
Stream Condition:
“Black sediment on
the
creek bottom and
sanitary debris
in shoreline vegetation were observed near
the overflow pipe.
A rock dam about
a foot
in height crosses
the river
less than 100 feet downstream of the discharge.
The black bottom sediment is much more concentrated upstream
of the dam and thins out rapidly on
t.he downstream side.”
Surrounding Land Use:
“The CSO overflow at Webster Street
discharges
to Ten Mile Creek directly north of the lift
station.
Adjacent
to
the lift station
rand downstream of the
CSO
is Moore Park with
a baseball diamond, basketball court,
playground equipment, and large lawn areas.
The baseball
diamond
is used four nights a week
for
a
first and second
year girls league.
Along
the opposite bank,
trees and dense
brush separate residential
homes located several hundred feet
from the
creek.”
(Pet.,
Exhibit
C,
p.
41)
Proposed Alternative
A:
Nothing
in Alternative A would
alter
the discharge into Ten Mile Creek from this CSO.
Main and Isabella:
Stream Condition:
“The entire channel bottom has
a black
color with
an obnoxious odor
for
a distance
in excess
of 500
feet downstream
for
sic)
the headwall.
Thickness of the
bottom sediment
is about
12
inches.
The channel flow
in this
area consists almost entirely of flow from
the
30—inch
tile.
No sanitary debris were observed near the headwall.”
Surrounding Land Use:
“The
tile outfall
Goose
Creek
is
a
concrete headwall
at the southwest corner
of Jefferson and
Alexander Streets.
Here,
the Y.M.C.A.
to the south
and
77-5
6
Jefferson Street
to the north are separated from Goose Creek
by trees and brush.
About 300 feet downstream,
several
residential homes are
a few hundred feet north of the
creek.
The creek then flows through the middle of Kiwanis
Park where
it empties into Coon Creek.
Kiwanis
Park has
large lawn areas,
picnic
facilities,
tennis courts,
and
playground equipment.
The park
is frequently used by the
public, and the Kiwanis Club holds
its annual picnic at this
location.”
(Pet.,
Exhibit
C,
p.
40)
Proposed Alternative
A:
This outfall into Goose Creek,
a
tributary of Coon Creek, would
be plugged according
to
Alternative
A.
A water quality study was also conducted on behalf of the
City
and District.
Coon Creek and Ten Mile Creek were sampled
during the spring
and summer
of
1986.
Water samples from points
upstream and dowstream of the Clinton CSO’s were taken
from the
creeks during two rainstorm events and two dry days.
One storm
event
on April
30, consisted of a 1.34—inch rainfall over a
1.5
hour time period.
The other storm event, on June
5, produced
0.81 inches
of rainfall over
a
5.5 hour
time period.
The study
reached
the conclusion that the discharge from the CSO’s did not
significantly impact upon the creek’s water quality.
Specifically,
the study states that upstream sources, such as
farms, contribute more significantly
to the water quality
standard exceedances
than do the CSO’s.
The creeks greatly
exceed
the
fecal coliform standard upstream and downstream of the
CSO’s.
The study also states that the high BOD5 and total
suspended solids loading
in the creeks are primarily caused by
conditions upstream and are only increased
to
an insignificant
extent by the CSO’s.
(B.
55—56).
It
is the Agency’s position that the results of the water
quality study are not representative.
When the storm event
samples were taken,
the peak rates of the
rainfall were 1.29
inches per hour and 0.46
inches
per hour.
(B.
107).
The storm
samples were
taken when the creeks had
a depth of
4 1/2 to
5
feet.
The normal depth is approximately
6 inches.
Such an
increase
in depth only occurs during
“a large rainfall,”
according
to the District.
(B.
60).
However,
the City and
District study shows
that CSO’s can be triggered by as little
as
0.2 inches of
rain.
In addition, the seven—day,
ten—year low
flow for the creeks
is zero flow.
Consequently,
the Agency
asserts that under
normal conditions, unlike the conditions when
the study’s samples were taken,
there
is not much dilution of the
CSO’s by the creeks.
(B.
106).
The Agency claims that even the dry weather
samples are not
representative,
because they were taken after days of extensive
rain when
the creeks might
be abnormally high.
The dry weather
samples were
taken on July
15 and July
18, 1986.
Records kept by
77-6
7
the District
indicate that
for
the period
from July
8 to July 14
the total rainfall was measured at
4.0
inches.
(Exh.
*7).
The
Agency points out that the water quality study did not mention
anything of the
flow rates of
the creeks.
(P.
107).
It
is the Agency’s position that normally there
is little
dilution of the CSO’s
by the creeks.
The Agency asserts that the
extensive sludge deposits and sanitary debris caused by the CSO’s
create aesthetic and public health concerns
as well as violate
35
Ill. Adm. Code 302.203, which prohibits such deposits.
In
addition, the Agency believes that unless high dilution
conditions exist,
these deposits would cause water quality
violations, particularly with respect
to the dissolved oxygen
standard.
(B.
109).
The Agency concludes that the City and the District should
not be granted
an exemption
to the CSO regulations.
According
to
the Agency, the proposed plan does nothing
to remedy the CSO
problem, but rather
it merely seeks
to eliminate the dry weather
overflows which
the Agency believes should have been eliminated
long ago.
The Agency believes that until
these dry weather
overflow problems are resolved, the extent of environmental
impact caused by the CSO’s cannot be accurately defined.
(R.
104).
The Agency states
that the City and the District are not
entitled to permanent relief from CSO regulations because they
have not shown
the requisite minimal impact on the receiving
streams.
(B.
181).
Economic Impact
The City and
the District adamantly assert that they cannot
afford the cost
for full compliance with the CSO regulations.
As
stated earlier,
improvements
to achieve compliance were estimated
by the City and the District
to cost $2.2 million.
The City and
the District claim that the Clinton area has experienced a
downward economic trend since
1979.
The average unemployment
rate for the past five years was estimated,
at hearing, to be
14
percent.
(B.
23—24).
Opportunities
for employment have declined
in the past few years due
to the shutdown of several area
industries.
(R.
9).
In addition, Illinois
Power, which had
previously employed many. local residents has laid off many
workers now that construction on the nearby nuclear
power plant
is complete.
(R.
15).
The nuclear power
plant
is outside the
City’s boundaries, consequently the City receives no tax revenues
from the plant.
(B.
10).
The area had hoped
that Clinton Lake,
constructed
by
Illinois Power
for
its nuclear
plant, would bring
in outside
dollars due
to its recreational potential.
However,
this
potential has not been realized.
(R.
21).
The
City
is currently at
the maximum level allowed
on its
corporate levy.
Real estate
tax proceeds have dropped due
to
a
five percent lowering
of
the City’s assessed valuation in
the
77-7
8
last quadrennial assessment.
(R.
19).
The water
and
sewer
systems are presently operating at
a deficit.
(B.
39).
In addition to the overall poor economic atmosphere of the
area,
the City and the District claim that
if improvements are
made,
the costs will likely have to
be borne solely by those
living on the combined
sewer
lines.
The City and District expect
legal challenges from City residents who live on separated storm
and
sewer lines as well
as those who are not City residents and
are served by the District.
The City and the District anticipate
that such parties will successfully advocate the position that
combined sewer
residents should pay for the combined sewer
improvements since they alone benefit from an improved system.
(B.
43,
45).
The City and District claim that there
are 2,000 households
on the combined sewer
lines, with
a median
income of $13,000.
(Pet.
p.
7).
The Agency uses 1.5 percent of the median income as
an affordability guideline with respect to sewer project costs.
Using 1.5 percent of the median income of only the combined sewer
residents,
the maximum capital which could be financied by this
group,
at
8 percent for
20 years, would
be $850,000.
(Pet.,
p.
7).
The Agency counters that liability for noncompliance with
the CSO regulations would
rest with the City and/or the District,
not with the particular residents who live on the combined sewer
line.
Consequently,
if the City
or District choose
to pass the
costs of improvements on
to the users,
then such costs should
be
passed on
to all the users
——
not just
a select group.
Therefore,
the Agency asserts costs
should be calculated
on the
basis of
3,120 users with
a median household
income of
$16,310
(B.
11).
Using 1.5 percent of this median income and
this number
of users,
over $2.8 million of capital could
be financed at
8
percent interest for
20 years.
(Exh.
*5,
p.
9).
Conclusion
It
is apparent that the Clinton area
is presently
experiencing difficult economic times.
The Board
is not
unsympathetic
to the City and the District’s position that
compliance with the CSO regulations would be costly.
However,
the
Board may not grant an exception solely on the basis of
economic considerations.
An exception must be justified upon
environmental considerations.
It is obvious
from the record that the CSC’s and dry weather
overflows have created extensive deposits of
sludge
and sanitary
debris
in Ten Mile Creek,
Loon Creek and Goose
Creek.
The
problem is further compounded by the fact that these outfalls are
primarily located near public parks and residential
areas.
The
City and the District
state that area residents are well aware of
the CSO problem and do not use
the creeks.
Even
if this is true,
it does not lessen the seriousness
of the creeks’
degradation.
77-8
9
The City and
the District claim
that their water quality
study demonstrates that the CSO’s do not contribute significantly
to the creeks’
overall poor water quality.
In response, the
Agency has raised some valid points questioning whether
the water
samples were representative of normal stream conditions.
However, even
if the conclusions of the water quality study are
correct, the
sludge deposits alone constitute
a significant
adverse environmental impact.
The proposed plan of the City and the District merely
attempts
to eliminate the dry weather overflows and
to facilitate
better maintenance of the sewer
system;
it does not address
the
CSO problem.
If an exception
is granted and the proposed plan
is
implemented, five CSO’s will continue
to discharge to Coon Creek
and Ten Mile Creek.
The Board concurs with the Agency
in finding
that the proposed plan merely calls
for improvements
to eliminate
dry weather overflows which
should have been completed years
ago.
The record indicates that the City and District have been
aware of their CSO problems since 1979.
(Exh.
*6).
Yet, eight
years later
they propose
a plan which fails to confront the CSO
problem.
The City has delayed addressing both
its dry weather
flows and CSO to
the point that a certain amount of its claimed
hardship
is self—imposed.
Although the exact extent to which
the dry weather overflows
have contributed
to
the sludge deposits
is unknown, eliminating
all the dry weather overflows will
not solve
the sludge
problem.
Dry weather overflows have been reported
to occur
at
the ICRR and Woodlawn Outfalls and possibly at the Waterworks
Park Outfall.
Even assuming that these dry weather outfalls are
the sole contributors
to the sludge deposits
in those
areas,
which
is likely an
incorrect assumption, two CSO’s, Webster
Street
and County Museum, would continue
to deposit sludge
in Ten
Mile Creek even after
the proposed plan
is implemented.
The
fact
that there are extensive sludge deposits at Webster Street and
County Museum, where dry weather overflows have
not been
reported, further
indicates that the wet weather CSO’s, not just
the dry weather overflows, contribute
significantly to the
deposits of sludge and sanitary debris found
in the creeks at all
CSO locations.
As stated above, the proposed plan would do
nothing
to prevent the continuing discharge of wet weather CSO’s.
After consideration of the record
in the context of the
factors set forth
in
Section 27(a)
of the Illinois Environmental
Protection Act,
the Board
finds that the City and the District
have not justified
a CSC exception.
Therefore,
the Board denies
the request
for
an exception
to 35
Ill.
Adm. Code 306.205(a),(b)
and
(C).
This Opinion constitutes the Board’s findings of fact and
conclusion of
law
in this matter.
77-9
10
ORDER
The Board hereby denies the City of Clinton and the Clinton
Sanitary District
an exception to
35 Ill. Adm. Code 306.305
(a),
(b), and
(c).
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that the
a
ye Opinion
and Order was
adopted on the
/~
day of
_______________,
1987, by
a vote
of
-c
.
Dorothy
M.
unn, Clerk
Illinois Pollution Control Board
77-10
