ILLINOIS POLLUTION CONTROL BOARD
February
5,
1987
IN THE MATTER OF:
)
JOINT PETITION OF THE NORTH
)
PCB 85-208
SHORE SANITARY DISTRICT
arid
THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY FOR EXCEPTION
)
TO THE COMBINED SEWER OVERFLOW
)
REGULATIONS
)
OPINION AND ORDER OF THE BOARD (by B. Forcade):
This matter comes before the Board on a December 20,
1985,
Joint Petition of the North Shore Sanitary District
(“NSSD”)
and
the Illinois Environmental Protection Agency
(“Agency”)
for an
exception
to the Board’s combined sewer overflow
(CSO)
regula-
tions.
Specifically, the petitions seek an exception to 35
Iii.
Adm. Code 306.305(a)
for the discharges from the excess flow
facilities located at the Waukegan Sewage Treatment Plant
(STP)
and the Clavey Road STP and an exception from 35
Ill. Adm. Code
306.305(a)
and
(b)
for the discharge from the excess flow
facilities located at the North Chicago STP.
All exceptions
contemplated by the Petition are based on the minimal impact
criteria found at 35 Ill. Adm. Code 306.361(a).
Hearing was held
on June
17,
1986,
in Waukegan, Illinois.
One member of the
public was
in attendance.
Supplemental information, requested at
hearing, was filed with the Board on July 18,
1986.
I.
Background
The NSSD was formed
in 1914 under the Sanitary District Act
of 1911 (Section 276.99, et seq.,
chapter 42,
Ill.
Rev. Stat.).
The District encompasses the area
in Lake County,
Illinois,
lying
east of the toliway extending
from the Lake—Cook County Line Road
north
to the Wisconsin border, except for the Village of
Deerfield, part of
the Village of Bannockburn and the Wadworth
area.
The eastern border
is the Lake Michigan shoreline.
The
NSSD services approximately 210,000 people
(R. 9—10,
12; Joint
Petition, par.
1).
The few combined sewers within NSSD’s service area are
located
in older portions of downtown Waukegan and an area in
downtown Highwood
(R.
16).
The combined sewers comprise less
than one percent of
the total system
(R.
46).
Additionally, the
NSSD has
implemented an ordinance program requiring cities and
villages
to evaluate infiltration and inflow
(I
&
I)
to the
sanitary sewers.
Currently no additional
I
&
I work is planned
or deemed necessary
(R.
15).
75-186
—2—
The NSSD operates four sewage treatment facilities of
concern to this proceeding.
The sewage treatment system has
three CSO outfa.ls,
two of which discharge to Lake Michigan and
one that discharges to the East Fork of the North Branch of the
Chicago River or
Skokie River.
Each CSO
is associated with one
of three treatment plants.
These will each be discussed
separately below.
A.
Waukegan STP
The Waukegan STP service area
is served primarily
by separate sanitary sewers.
The treatment plant
is not
capable of providing full treatment to all flows during
wet weather periods.
The Waukegan STP excess flow
treatment facilities consist of two 1,375,000 gallon
presedimentation basins with three retention
reservoirs.
Total storage capacity of all facilities
is
40.75 million gallons.
The Waukegan STP is designed
to
handle 19.8 million gallons per day
(MGD)
average flow
with a maximum storm event capacity of 30 MGD.
The
total storm capacity of the plant and retention system
is 70 MGD.
All flows up to
30 MGD receive complete
treatment and are discharged to the Des Plaines River.
Flows above
30 MGD are pumped
to the excess flow
presedimentation basins.
Flows above 70 MGD are
discharged through a CSO to Lake Michigan.
The overflow
experiences some solids removal and
is chlorinated
before discharge.
The CSO discharge meets
30 mg/i for both
biochemical oxygen demand (BOD5) and total suspended
solids
(TSS).
However, the discharge is not
permitted.
Mean fecal coliform counts for 1982 were of
19,767/100 ml with a low of 1.0/100 ml and a high of
250,000/100 ml
(Ex.
2).
Between the years of 1978—1985,
CSO events averaged 30 per year with a total yearly
average volume of 350 MG.
The number of discharges from
the excess flow facilities
is dependent on ambient
weather conditions,
rather than population growth or
increase
of base flow
to the facilities.
The first
flush as defined in Agency regulations and contemplated
by 35
Ill. Adm. Code 306.305(a)
cannot be determined
for
the NSSD service area generally nor the Waukegan STP
service area
in particular.
This is due to long and
narrow dimensions of the drainage basin which
results in
a series of first flushes,
none being the definitive
first flush
(R.
34—38).
Even if a first flush could be
determined,
it is the opinion of NSSD that the cost of
increasing retention capacity
to accommodate the first
flush would
be equal
to or exceed the original dollars
spent on the existing presedimentation system
(R.
34).
No exception from Section 306.305(b)
is sought for the
75-187
—3—
Waukegan CSO as all flows,
even those above ten times
dry weather flow,
receive primary treatment and
disinfection
(R.
40).
The Waukegan STP is located adjacent
to the Lake
Michigan shoreline and
is set back approximately 250 to
300 feet.
The Waukegan CSO discharges into
a pool which
also receives storm water runoff from the surrounding
area.
The pool outlet cuts a channel across the beach
and discharges into Lake Michigan
(R.
81—82).
The land use
in the vicinity consists of industrial
development, the wastewater
treatment plant and public
beach along
the shoreline.
The beach
is sandy for over
2,000 feet in both directions from the outfall.
Approximately 150 feet west of the shoreline is an
assortment of vegetation consisting
of grasses, shrubs
and trees
(Ex.
3,
4—2).
The channel cuts through the
sand beach.
The public beach is located
south of the
outfall, but the record indicates that the public uses
the beach area north of the outfall as well.
No fences
inhibit access
to the CSO pool and channel, and public
use of the area is encouraged by the Waukegan Park
District
(R.
84—87, 114—116).
The NSSD’s consultant conducted a field survey
relating
to the Waukegan CSO outfall on November
15,
1984.
The most proximate CSO event was
5 months earlier
on June 22—24,
1984.
The consultant visually examined
water quality at four locations
in Lake Michigan near
the CSO outfall and took sediment samples at three
of
those locations.
Surface water sampling for phosphorous
was also performed.
Visual observation indicated that
water quality was “very good,” but that the lake bottom
was churned
from several days of strong easterly winds
(R.
62).
No oil films, sewage
related debris or odors
were detected.
Visual inspection of sediment samples
indicated essentially “clean”
sand, with
no sludge
accumulation or odors
(R.
67).
The consultant
also
performed a physical survey of
the beach and pool
created by the outfall.
Sediment samples from the pool
showed
a mixture of organic material and some sand with
a musty odor
(R.
67).
A survey of the beach area found
little debris, primarily composed of driftwood and
litter.
Two plastic sanitary items, which could be
associated with either
a CSO discharge or public beach
use, were found a substantial distance from the outfall
(R.
63).
The consultant’s report analyzed the impact of
fecal coliform counts during the bathing season in terms
of the trend
in beach closings since the diversion of
NSSD’s effluent from Lake Michigan
to the Des Plaines
River.
Beach closings, based on
a 500/100 ml criterion,
have decreased substantially and are relatively rare.
75-188
—4—
The consultant concluded that there was an overall
negligible physical impact on the environment within the
vicinity of the Waukegan CSO (Ex.
3, 1—1).
B.
Clavey Road STP
The Clavey Road STP service area consists primarily
of separate sanitary sewers, with the exception of a
portion of downtown Highwood.
The Clavey Road STP
excess flow treatment facilities consist of two 3.4
million gallon presedimentation basins with four excess
flow retention reservoirs,
for
a total capacity of 20.4
million gallons.
All facilities are housed
in a totally
enclosed building.
The Clavey Road STP has
a capacity
of 17.8 MGD average daily flow with an approximate 28
MGD maximum storm event capacity.
Normal effluent from
the plant is discharged to the Skokie River.
Flows
in
excess of 28 MGD are pumped to the presedimentation
basins where some solids removal occurs.
If a storm
continues,
the presedimentation basins overflow.
The
overflow is chlorinated and discharged to the Skokie
River.
The Clavey Road CSO
is NPDES permitted at 30 mg/i
for BOD5 and TSS.
Mean fecal coliform counts
for
1982
were 70,264/100 ml, with
a high of 330,000/100 ml and a
low of 10.0/100 ml.
Between the years of 1978—85, CSO
events averaged 23 per year, with a total yearly average
volume of 220 MG.
The number of discharges from the
excess flow facilities
is dependent on ambient weather
conditions.
As with the Waukegan CSO, the first
flush
cannot be determined
for this particular drainage basin
but primary treatment and chlorination of at least ten
times dry weather flow is provided.
Consequently, no
exception from Section 306.305(b)
is sought.
The Clavey Road Plant
is located south of Clavey
Road and is adjacent
to the Skokie River.
The
surrounding area consists of the wastewater plant on
both sides of the Skokie River,
a golf course further
downstream along
the east side of the river, and a
botanical garden south of Lake—Cook Road.
The land use
is municipal and recreational.
Some fishing takes place
in the river
(Ex.
5,
4—2).
The NSSD’s consultant conducted
a field survey
relating to the Clavey Road CSO outfall on November
16,
1984.
The most recent CSO event was on November
1 and
2,
1984
(Ex.
5,
p. 4—1).
Visual observations and
sediment samples were taken
at
a point upstream of the
CSO outfall, at the confluence of the CSO outfall and
the Skokie River, and 450
feet downstream of the CSO
75-189
—5—
outfall.
The water was clear and free of debris, except
for floating leaves.
No oil films,
unnatural sludges or
odors were detected.
Sediment samples were a mixture of
organic matter and sand.
The consultant believed that
the organic matter
is probably
a combination of decayed
vegetation
arid storm water runoff solids.
The exact
origin of this organic material cannot be determined.
Some minor CSO related sediment may have been within the
segment of the ditch immediately downstream of the
outfall but
is difficult to determine and negligible
(Ex.
5,
p.
5—1).
The consultant concluded the physical
impact of
the CSO discharge to the environment
in the
vicinity of the outfall was negligible
(Ex.
5,
p.
1—1).
C.
North Chicago Plant
The North Chicago STP
is used as
a
“roughing”
or
pretreatment facility from which dry weather and a
portion of wet weather flows
are pumped to the NSSD’s
Gurnee STP for full treatment and discharge to the Des
Plaines River.
The North Chicago facility
is much
smaller than the Waukegan or Clavey Road STP and
consists of
a
3.5 MGD trickling filter plant with
a 1.8
MG capacity excess flow basin.
There are no
presedimentation basins at this facility.
Peak rate
pumping capacity is 25 MGD to the Gurnee STP.
Overflows
from the 1.8 MG excess flow basin are chlorinated,
however,
not enough sedimentation occurs
for this to
constitute primary treatment
(R.
41).
The cause of the
overflows
is lack of treatment and storage capacity at
the Gurnee
ST?,
rather
than lack of storage, treatment
or pumping capacity at the North Chicago STP.
The
Gurnee STP discharges
to the Des Plaines River.
Overflows discharge to Lake Michigan via an
underwater pipe which rests on pyloris on the lake bed.
The overflow discharge
is NPDES permitted at
30 mg/i
for
BOD5
and TSS but actually averages 110 mg/i
for BOD5 and
90 mg/i
for TSS.
Between 1978—85, CSO events averaged
27 per year, with
a total yearly average of 110 MG.
Mean fecal coliform counts
for
1982 were 116,831/100 ml
with
a high of 650,000/100 ml and a low of 20.00/100
ml.
As with the Waukegan and Clavey Road STP service
area,
the first
flush,
as defined
in Agency regulations,
cannot
be determined.
Unlike the other two facilities,
treatment of ten times dry weather flow is not presently
provided and, consequently, an exception from both
Section 306.305(a)
and
(b)
are requested.
The NSSD’s consultant conducted
a physical survey
of Lake Michigan and the shoreline
in the vicinity of
the CSO outfall on November 15—16,
1984.
The most
75-190
—6—
recent CSO events
to this survey were on August 7,
1984,
and September 13,
1984, when 1.5 MGD and 22 MGD,
respectively, were discharged to Lake Michigan.
The
outfall
is approximately 70 feet offshore,
in five to
six feet of water
(R. 98).
Sediment samples were taken
immediately east of the outfall and sites north and
south of the outfall.
The three sediment samples were
physically and visually identical, consisting primarily
of sand.
The land use in the vicinity of the outfall
consists of industrial development to the north and
west, the wastewater treatment plant, an FBI shooting
range,
immediately to the south and Foss Park further
south.
The shoreline is protected by rip rap.
The
shoreline inspection extended approximately 1,000 feet
north and south from the outfall.
Materials found
in
the area consisted of driftwood.
No CSO related debris
was found.
Some graffiti was found on the riprap.
The NSSD presently has plans and specifications
prepared
to provide for
a
50 MG excess flow facility at
the Gurnee STP.
Phase
I
of the NSSD’s plan will
increase the daily average flow
(DAF)
at the Gurnee STP
from 13.8 to 17.25 MGD.
Peak flow capability will
remain at 1.5 times DAF.
Phase
II
of construction will
provide
a DAF of 19.6 MGD and a peak capacity of 39.2
MGD.
Phase III
of construction will provide the 50 MG
excess flow facility and will be completed and
operational
by January 1, 1991.
Phase
I construction
began in 1985 and Phase
II will commence upon completion
of Phase
I.
Phase
I and
II improvements will reduce the
number
of overflows
to Lake Michigan at North Chicago by
allowing
a higher rate of pumping during storm events.
All modifications combined will eventually decrease CSO
events
to an estimated
7 events per year with a total
average of 20 MG per year and achieve
30 mg/i for BOD5
and TSS by the year 2000.
II. Discussion
The record indicates that the NSSD provides
a high
degree
of treatment for
at least two of its three CSO
discharges.
This high level
of treatment obviates the need
for exception to 306.305(b)
for CSO’s at Waukegan and Clavey
Road.
The NSSD plans
to add additional treatment and
retention capacity at Gurnee which will result in decreased
CSO events from North Chicago.
The evidence
in the record
also supports the Petitioner’s contention that the CSO’s are
causing minimal environmental impact.
However,
the Board
is
concerned that the physical surveys conducted by the NSSD’s
consultant were,
in most instances,
remote in time from the
75-191
—7—
most recent CSO events.
This fact
is
in part
a consequence
of the time schedule established by the CSO regulations
(R.
89—92).
There was also some citizen testimony regarding
visible floating CSO debris
in Lake Michigan that could be
associated with the Waukegan CSO
(R.
113).
While the
November, 1984, surveys may not be as representative as one
would like,
they do constitute the record before the Board.
Additionally, proposed conditions to the exception would
require regular inspection of the discharge area for sludge
accumulation
for
a period of five years.
The results are to
be
reported to the Agency.
Such inspections would provide a
feedback mechanism to the Agency regarding impact.
Further
remedial measures could be required based on these new
facts.
While the Board
finds that generally the CSO’s have
a
minimal environmental
impact, the Board
is concerned about
potential human health hazards associated with fecal coliform
counts at the Waukegan
CSO
outfall.
This particular outfall
forms
a pool and channel which cuts through a public sand
beach.
The record indicates that there are no fences, signs
or other measure
to limit public access
to waters that can
experience extremely high fecal coliform levels.
The record
does show that many people use both the north and south
beaches,
as bisected by the CSO channel, and that the City of
Waukegan has promoted the near beach area which contains the
CSO pool
as
a recreation area.
This raises the clear
possibility of children actually playing and wading
in a CSO
effluent discharge with fecal coliform levels of up to
250,000/100
ml.
This
is clearly a health hazard that cannot
be characterized as “minimal.”
Additionally, there are a
number of public beaches
in the general vicinity that are
potentially impacted by the CSO discharges.
While the
Petitioner correctly maintains that area beach closings have
greatly decreased since the NSSD diverted its effluent from
Lake Michigan
to the Des Plains River
in late 1970’s,
the
Board’s fecal coliform standard of 20/100 ml
is routinely
violated
at Waukegan’s North and Central beaches
(Agency
Motion to Supplement Record, Illinois Water Quality Report
1984—85, Figures Ki and K2).
As a final note,
the Board does not make any findings of
fact regarding the phosphorous or its impact on Lake Michigan
or the Skokie River.
These issues will more appropriately be
addressed
in NSSD’s site—specific regulatory proposal,
docketed as R86—3.
The Board
believes that adding additional
presedimentation and retention capacity at Waukegan and
Clavey Road are not cost effective at this time.
Efforts are
better focused on the North Chicago CSO, which does merit
improvement.
The Board believes that the generally high
75-192
—8—
level of treatment of the CSO discharges is appropriate as at
least
two of the CSO’s discharge to Lake Michigan.
However,
the Board does feel that some additional steps regarding the
manner of discharge of the Waukegan CSO are warranted;
in
order
to protect public health.
The Board will grant the
NSSD exception
to the CSO treatment regualtions.
III. Conditions
The Agency and the NSSD have proposed conditions to attach
to the Board’s exception Order.
These conditions would allow
overflow discharges only where maximum practical flow
is
receiving full treatment and the excess flow basins are full
to
capacity.
The conditions would also require Clavey Road to meet
its NPDES permit limits, but would provide an exception from
306.305(b)
and the NPDES permit limits
for the North Chicago
Plant
until January
1,
1991.
No limitations are suggested for
the Waukegan CSO as that outfall
is not NPDES permitted.
However, the record indicates that that outfall meets 30 mg/l for
BOD5 and TSS.
The Board will require as
a condition for
exception that the Waukegan CSO meet 30 mg/i for BOD5 and TSS.
This will ensure that this high level of treatment be maintained.
The Board will also require,
as
a condition for exception,
that public access
to the Waukegan CSO pool and channel be
physically limited, either through the use of fences or
a pipe to
discretely convey the discharge through the dunes and across the
beach.
The Board believes that this condition is necessary to
ensure that the impact of the discharge
is indeed minimal.
Further proposed conditions require the construction of the
additional excess flow facility at Gurnee.
Completion of this
facility will ultimately obviate the need for relief from
306.305(b)
and the NPDES permit limitations of
30 mg/i
for BOD5
and TSS will, once again, be imposed.
This Opinion constitutes the Board’s findings of fact and
conclusions of law
in this matter.
ORDER
The North Shore Sanitary District
(NSSD)
is hereby granted
an exception from 35
Ill. Adm. Code 306.305(a)
for discharges
from the excess flow facilities at its Waukegan Sewage Treatment
Plant, with discharge to Lake Michigan, and for discharges from
the excess flow facilities at its Clavey Road Sewage Treatment
Plant,
with discharge to the East Branch of the North Branch of
the Chicago River
(Skokie River), subject to the following
conditions:
a)
In accordance with permit conditions,
discharge shall
not occur
until the maximum practical
flow
is receiving
75-193
—9—
full treatment and the excess flow basins are full to
capacity.
All basins shall drain back through the
treatment facilities after overflow events terminate.
b)
In accordance with its permit, the Clavey Road Plant
excess flow discharges
shall comply with limits of
30
mg/l for
SOD and TSS, as determined by the specified
averaging provisions.
C)
The Waukegan Plant excess flow discharges shall comply
with limits of 30 ing/l
for BOD and TSS as determined by
the specified averaging provisions.
d)
Public access
to the Waukegan Plant excess flows shall
be physically prevented, such as by fences or
a pipe
that conveys the excess flow directly to Lake Michigan.
e)
The NSSD shall inspect the discharge areas regularly for
accumulations of sludge or other evidence of sewage and
report
the findings annually to the Agency,
for
a period
of five years.
The NSSD
is hereby granted
an exception from 35
Ill. Mm.
Code 306.305(a) and
(b)
for discharges from the excess flow
facilities
at its North Chicago Sewage Treatment Plant, with
discharge to Lake Michigan, subject
to the following conditions:
a)
In accordance with interim operating procedures
specified in NSSD’S letter
to the Agency, dated December
2, l9~5,discharge from the excess flow facilities shall
not occur prior
to conveyance of
the maximum practical
flow to the Gurnee Plant and until the excess flow basin
at North Chicago
is full to capacity.
b)
Relief from 306.305(b)
shall terminate upon completion
of the proposed
50 million gallon excess flow facility
at NSSD’s Gurnee Sewage Treatment Plant.
This facility
shall
be completed and operational by January
1,
1991.
Upon completion, discharge to Lake Michigan shall not
occur
until
flows exceed the capacity of the pump
station conveying flows
to the Gurnee Facility and the
excess flow basin at the North Chicago Plant
is full to
capacity.
Discharges from the Gurnee and North Chicago
excess flow facilities
shall then be required to comply
with
limits of
30 mg/l for BOD and TSS,
as determined by
specified averaging provisions
in the discharge permit.
c)
NSSD shall inspect the discharge area regularly for
accumulations
of sludge or other evidence of sewage and
report the findings annually to the Agency,
for
a period
of five years.
75-194
—10—
With forty—five days of
the date of
this Order, NSSD shall
execute a Certification of Acceptance and Agreement to be bound
to all terms
arid conditions
of this exception.
Said Certifica-
tion shall
be submitted
to the Agency at 2200 Churchill Road,
Springfield, Illinois,
62706.
The form of said Certification
shall be as follows:
CERTIFICATION
I,
(We)
,
hereby
accept and agree to be bound
by all terms and conditions of the
Order of the Pollution Control Board
in PCB 86—197, February 5,
1987.
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the,,~boveOpinion and Order was
adopted on the
5~-
day of -t~~.(—L~_#~.1
,
1987,
by
a vote
of
___________.
/~
/
xi
Dorothy M. Gu~n,Clerk
Illinois Pollution Control Board
75-195
