ILLINOIS POLLUTION CONTROL BOARD
    April 30, 1987
    CITY OF CARTERVILLE,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 87—22
    )
    THE ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board on the petition for
    variance filed by the City of Carterville (Carterville) on March
    2, 1987. Carterville seeks a variance from the provisions of 35
    Ill. Adm. Code 309.241(a). Because Carterville has been placed
    on Restricted Status, it seeks the variance to complete the hook
    up of approximately 66 homes to a recently constructed sanitary
    sewer extension. Carterville waived hearing and none was held.
    On April 13, 1987, the Illinois Environmental Protection Agency
    (Agency) filed its Recommendation with a motion to file
    instanter, which is hereby granted. The Agency recommends grant
    of variance subject to certain conditions.
    The City of Carterville was placed on Restricted Status by
    the Illinois Sanitary Water Board August 19, 1964 (Rec. 1).
    Carterville, a city of 3,445 population, owns and operates sewage
    treatment and collection facilities for its residents. The
    treatment facilities currently consist of a bar screen, primary
    clarifiers, three aeration tanks, a final clarifier, a storm
    water holding lagoon and a chlorine contact pond. Sludge is
    anaerobically digested and dried (Pet. 7—8; Rec. 1). Effluent
    from the facilities is discharged into Pin Oak Creek, which is
    tributary to Crab Orchard Lake. Crab Orchard Lake is used as a
    public water supply. (Rec. 1).
    Carterville was issued an NPDES Permit (1L0025178) on June
    30, 1983, effective July 30, 1983 and expiring on June 1, 1988.
    The permit allows interim limitations of 40 mg/i BOD and 50 mg/l
    TSS on a monthly average (Pet. 6; Rec. 1). Final limits are
    10/12 BOD/TSS (Pet. 6; Rec. 1). The compliance schedule in this
    Permit stated that construction of a new treatment facility was
    to have been started in September, 1983 and completed on August
    24, 1984. Petitioner is not in compliance with the schedule.
    (Rec. 1).
    On April 2, 1985 Carterville received a Permit to construct
    and own (Permit No. 1985—HC—l86l) the Pea Ridge sewage treatment
    plant and sanitary sewer extension to serve 66 single family
    77-265
    —2—
    dwellings* subject to certain conditions (See: Exhibit A of the
    Petition). In the fall of 1985 and the Spring of 1986
    Carterville undertook and completed construction of the sewer
    mains and lift stations. The cost of construction was $212,467
    (Pet. 2). Approximately $255,000 of the project cost
    (construction and engineering) was from a CDAP grant of $278,000
    (Pet. 2). Construction of sewer services to the low and moderate
    income homes in the area serviced by the new sewer extension
    remains to be completed, at a cost of approximately $60,000.
    Construction started in September, 1986 and the plant is
    expected to be completed and operational in September or October,
    1987 (Pet. 8; Rec. 3). The Agency noted that construction was
    delayed for two reasons, First, the sewage treatment plant was
    originally designed to be a regional facility serving the Village
    of Crainville as well as Carterville. Crainville, however,
    withdrew from the regional proposal (Rec. p. 3). Second, the low
    bid received for construction of the project was approximately
    1.5 million dollars above the anticipated budget (Pet. 2, Rec.
    3). Design changes were completed in June, 1986, and the revised
    bids were within project budget (Pet, 3). Construction has
    started and is approximately 15—20 complete (Pet. 8, Rec. 3).
    The project appears to be meeting its current construction
    schedule (Rec. 3). Upon completion the new facility will consist
    of a flow equalization lagoon, a grit chamber, mechanical bar
    screen, two oxidation ditches, two final clarifiers, three high
    rate filters, two aerobic digesters, conversion of an anaerobic
    digester to an aerated sludge holding tank, two vacuum assisted
    drying beds and chlorination facilities (Pet. 8; Rec. 3). The
    discharge will be diverted from Pin Oak Creek into Hurricane
    Creek, a tributary of the Big Muddy River (Pet. 7; Rec. 3). The
    Agency notes that this diversion also relieves Carterville of a
    phosphorus effluent limitation (Rec. 3).
    In September, 1986, Carterville applied to the Agency for a
    permit to operate the already completed sewer extension. The
    Agency denied the permit, (Pet, 3), reciting the incorporation,
    in Special Condition 5 of the construction permit, which
    precludes the Agency from granting a permit to operate until the
    Agency has determined that the upgraded facilities are actually
    operating successfully as designed. (See: Exhibit B of
    Petition). Unable to obtain the operating permit, Carterville
    Statements in the Variance Petition regarding the number of
    homes involved in this project were ambiguous. No. 1(a) of the
    Petition sought relief to hook up “approximately 66 homes” to the
    sewer extension, No, 2(a) requested variance to allow
    construction of sewer services to “approximately 60” homes, And
    No. 2(j)(l) stated that variance was requested for “60 homes” and
    that construction to “the remaining 60 homes” would take another
    60 days, suggesting the possibility that perhaps as many as 120
    homes are here involved, The Board assumes that this variance
    petition seeks relief for 66 homes only.
    77.266
    —3—
    seeks variance from 35 Ill. Adm. Code 309.241(a) to allow the
    construction of sewer services to the approximately 66 homes and
    to allow those homes to hook up to the sanitary sewer system.
    The Agency has indicated that it agrees with Petitioner that
    denial of the requested variance would constitute an arbitrary or
    unreasonable hardship on
    Carterville.
    Construction of the sewer
    extension serving the Pea Ridge area was funded by a CDAP grant
    from the Department of Commerce and Community Affairs (DCCA).
    DCCA has expressed concern over why these sewers are not yet in
    use (Pet. 3; Rec. 3). If the original purpose of this CDAP grant
    is frustrated, DCCA could request that the grant be repaid (Rec.
    3) and could deny consideration on further grants (Pet. 11; Rec.
    3). As Carterville has many additional needs, including
    additional sewer extensions and a fire station, (Pet. 11), denial
    of the variance may impose the hardship of preventing Carterville
    from receiving the additional grants.
    The City of Carterville has incurred great expense in
    undertaking this project. In addition to construction of the
    sewer extension pursuant to the CDAP grant of $2B,000,
    Carterville also expended $120,000 to complete rehabilitation of
    its sewer system to reduce infiltration and inflow (Rec. 3). The
    total project cost is $2,900,000. For a City of only 3,445
    population and a median household income of $14,118, this is a
    substantial burden (Rec. 3).
    Furthermore, the 6 homes to be served by this extension are
    currently served by individual septic tank systems. Carterville
    alleges that of these existing septic tanks, some are undersized
    and some are served by poorly functioning, or non—functioning,
    tile fields (Pet. 9). The Agency found that because of the soil
    type found in the region, it is a frequent occurrence that septic
    tank wastes stand in roadside ditches or pools in lower areas
    (Rec. 3). The Agency notes that the existence of such waste
    constitutes a public health hazard, and that beginning
    construction now would eliminate the wastes during this
    construction season (Rec. 3).
    The environmental impact of granting variance appears to be
    minimal. Because Carterville rehabilitated its sewer system and
    thereby reduced its flow by 0.235 mgd since completion of the
    inflow—infiltration removal program and because the 66 homes
    sought to be included add only 0.034 mgd to the receiving stream,
    the net result remains a decreased impact on the receiving
    stream. Moreover, the connections are not to be made until
    summer, a period of historically low flow to the plant (See: Rec.
    2). The Agency notes that at most the added flow of 0.0345 mgd
    will increase the present low flow of 0.19 mgd by 18 or the
    design flow by 8.6~(Rec. 4). Even if the BOL/TSS in the added
    effluent were untreated, an 8.6 increase in loading would not
    cause the current average effluent to exceed the interim limits.
    77-267
    —4—
    Pin Oak Creek, the current receiving stream, is tributary to
    Crab Orchard Lake, a surface impoundment used partially as a
    public water supply. The Agency does not anticipate that the
    additional flows caused by adding the 66 homes will have a
    detectable adverse impact on Crab Orchard Lake as Carterville’s
    facilities discharge into Pin Oak Creek about 1/2 mile upstream
    from the Lake (Rec. 4). Further, the Agency notes that the water
    supply intake for the City of Marion, which is infrequently used,
    is separated from the creek discharge by a road crossway which
    reduces the water circulation (Rec. 4).
    In concurrence with the Agency’s assessment, the Board finds
    that denial of variance would impose an arbitrary and
    unreasonable hardship upon the Petitioner and will grant the
    requested relief, subject to the conditions delineated in the
    Order.
    This Opinion constitutes the Board’s findings of facts and
    conclusions of law in this matter.
    ORDER
    The Petitioner, City of Carterville, is hereby granted a
    variance from 35 Ill. Adm. Code 309.241(a) insofar as it relates
    to the hookup of the 6# homes, which otherwise woulo be
    prohibited under this provision and Restricted Status, for its
    Pea Ridge sewer extension, subject to the following conditions:
    1. This variance shall commence on the date of the Board
    Order.
    2. This variance shall expire when the construction of the
    sewage treatment plant is completed, but not later than
    December 31, 1987.
    3. Petitioner, City of Carterville, shall apply for and
    obtain an operational permit from the Agency prior to
    connecting the 66 to the sewer system.
    4. Within 45 days of the date of this Order, the City of
    Carterville shall execute and send to:
    Mr. James Frost
    Compliance Assurance Section
    Division of Water Pollution Control
    Illinois Environmental Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    a certificate of acceptance of this variance by which
    it agrees to be bound by its terms and conditions.
    77-268
    —5—
    5. This 45 day period will be held in abeyance for any
    period during which this matter is being appealed.
    The
    form of the certification
    shall be as follows.
    CERTIFICATION
    The City of Carterville hereby accepts and agrees to be
    bound by all terms and conditions of the Order of the Illinois
    Pollution Control Board in PCB 87—22, dated April 30, 1987.
    Petitioner
    BY: Authorized Agent
    Title
    Date
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify~that the above O~,inion~andOrder was
    adopted on the
    _______________
    day of
    ~
    ~
    ,
    1967 by a vote
    of
    ________________.
    I
    Dorothy M. ~unn, Clerk
    Illinois Pollution Control Board
    77.269

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