ILLINOIS POLLUTION CONTROL BOARD
    June 5, 1986
    IN THE MATTER OF
    JOINT PETITION OF THE CITY OF
    )
    PCB 85—139
    METROPOLIS AND THE ILLINOIS
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    FOR EXCEPTION TO THE COMBINED
    )
    SEWER OVERFLOW REGULATIONS
    )
    MR. PAUL HENRY APPEARED ON BEHALF OF THE CITY OF METROPOLIS.
    MR. THOMAS DAVIS APPEARED ON BEHALF OF THE ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY.
    OPINION AND ORDER OF THE BOARD (by 3. Theodore Meyer):
    This matter comes before the Board upon a September 12, 1985
    joint petition filed on behalf of the City of Metropolis (City)
    and the Illinois Environmental Protection Agency (Agency) for an
    exception to 35 Ill. Adm. Code 306.305(a) and (b) of the Boardts
    combined sewer overflow (CSO) regulations. An amendment to the
    joint petition was filed by the parties on November 5, 1985 which
    indicated that the City had complied with the notification dates
    of Section 306.351. Hearing was held on December 17, 1985 at
    which testimony and exhibits were presented by the parties.
    There was no disagreement as to the facts. No members of the
    public were present.
    Sections 306.305(a) and (b) provide as follows:
    a) All dry weather flows, and the first
    flush of storm flows as determined by
    the Agency, shall meet the applicable
    effluent standards; and
    b) Additional flows i.e. not dry weather
    flows or first flush storm flows
    ,
    as
    determined by the Agency but not less
    than ten times the average dry weather
    flow for the design year, shall receive
    a minimum of primary treatment and
    disinfection with adequate retention
    time.
    The City contends that the existing overflows from its combined
    storm and sanitary sewer system have minimal impact on the water
    quality of the Ohio River (the receiving water) and do not
    restrict stream use, and that construction of CSO treatment
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    facilities at an estimated cost of $2.5 million (1980 dollars)
    would produce little benefit.
    The City is located at the southern tip of Illinois in
    Massac County on U.S. Route 45 about 3 miles west of Interstate
    24 on the northern bank of the Ohio River. The existing sewage
    treatment plant (STP) consists of a 1.5 million gallons per day
    (MGD) design flow primary treatment plant with peak flow of 2.0
    MGD. Major units of the STP include bypass screens, primary
    clarifiers and a vacuum filter. A barminutor and grit chamber
    are presently out of service. The City asserts that, based on
    the Agency’s monthly grab sample results, the present discharge
    of the City’s STP exceeds the effluent limitations in its NPDES
    permit albeit no data is given on which to support this
    assertion.
    The City is served by 13 miles of combined storm and
    sanitary sewers and 39 miles of separate sanitary sewers
    collecting wastes from approximately 7,200 people. The combined
    sewer collection system drains through a single 50 inch
    interceptor which has an estimated capacity of 50.7 MGD.
    Overflows from the 50 inch interceptor drain into the Ohio
    River. The only other overflow which exists in the system is an
    emergency STP bypass which is reserved for use when the STP is
    inoperable. The joint petitioners assert that no major local
    industries are connected to the City’s sewer system. (Joint Pet.
    pp. 1—2). The Agency alleges that the City will receive Build
    Illinois Grant funds for design of the facilities recommended in
    the City’s proposed STP upgrade. With the grant, the City’s
    share will be about $1.5 million.
    Pursuant to an Administrative Order issued by the United
    States Environmental Protection Agency, the City submitted a
    Municipal Compliance Plan to USEPA which outlines the City’s
    efforts to assure full compliance with the Clean Water Act by
    July 1, 1988 which includes upgrading the present STP to a 2.0
    MGD secondary treatment facility with a peak capacity of 4.25
    MGD, rehabilitation of the wastewater collection system to remove
    an average of 0.7 MGD of infiltration and inflow and fixing a
    broken valve and constructing a sluice gate at the combined sewer
    outfall to eliminate flooding of the system during high river
    levels. The estimated cost of this upgrading is approximately
    $3.5 million. (Joint Exh. no. 5 pp. 5—7). The Agency, in
    support of this joint petition, has also required that the City
    screen overflows prior to discharge and provide for pumping wet
    weather flows during high river stages when gravity bypassing is
    not possible and protect manhole 707 from river intrusion.
    (Joint Pet. p. 3).
    At the CSO discharge point, the Ohio River is generally used
    as a barge mooring area. The joint petitioners assert that a
    visual inspection of the slough leading to the Ohio River and the
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    river bank in the area surrounding the discharge point indicated
    that there was no effect of the CSO discharge on the river or the
    river bank. (Joint Exh. no. 3 and 4). The impact of the
    existing method of operation on the Ohio River was examined in
    the CSO Impact Evaluation Phase I, October 1983 which stated:
    “The 7 day 10 year low flow of the Ohio River in
    the vicinity of Metropolis is 44,820 CFS, or
    28,966 MGD. Assuming all of the sewage from the
    combined system were dumped into the river, which
    it is not, the total discharge into the river
    would only be 0.22 MGD. This provides a dilution
    ratio of 130,000 to 1 at low flow. At average
    flow rates, the dilution ratio would be
    considerably higher, making the impact of the
    discharge on the Ohio River insignificant.”
    The CSO Phase II Report stated further that the expenditure of
    $2.5 million is not justified to cope with the City’s CSO problem
    since it contributes such a minor flow to the Ohio River and the
    biochemical oxygen demand (BOD) and suspended solids (SS)
    concentrations in the receiving water would not be appreciably
    altered by the City’s storm flow discharge. (Joint Pet. p. 3).
    A Combined Sewer Overflow Study was conducted by Clark,
    Dietz Engineers in October 1980 (1980 CSO study) which addressed
    the quality and quantity of the City’s CSO discharge during two
    storms in September and October of 1979 and provided several
    alternatives to solve the City’s CSO problem. Based on the data
    received from the two storms, the climatological background and
    visual observation, the report concluded that the overflow has a
    considerable impact on the area surrounding the overflow and the
    river itself. Presently, water ponds immediately below the CSO
    outfall and when temperatures are high and conditions are dry,
    the odors from this pool are strong. Also, floating paper and
    rags have accumulated on limbs of trees that have been pushed
    into the slough creating a nuisance. (Joint Exh. no. 1, p. 27).
    The 1980 CSO study also determined that the first flush
    volume for the design storm (1 year
    1 hour) would be 400,000
    gallons. By relating the amount of rainfall, including the BOD
    load, of the September and October 1979 storms to that of the
    design storm, the study concluded that the design storm would
    generate 325 lbs. of BOD which converts to a concentration of
    approximately 98 mg/i. No data was presented on the SS
    concentration of the first flush of the design storm. (Joint
    Exh. no. I p. 36).
    Four alternatives were examined to handle the City’s CSO
    problem. Alternative no. 1 would provide treatment of all dry
    weather flows and first flush flows at an estimated cost of $2.5
    million (1980). Alternative no. 2 is the same as alternative no.
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    1 except that, after the first flush basin is filled, the excess
    flow will be directed to a 5.0 MGD primary treatment and
    disinfection system, then discharged to the Ohio River. The
    estimated cost of this alternative is $3.15 million (1980).
    Alternative no. 3 is the same as Alternative no. 1 except that,
    after the first flush basin is filled, excess flow will be
    directed to a 10.0 MGD primary treatment and disinfection system,
    then discharged to the Ohio River. The estimated cost of this
    alternative is $3.3 million (1980). Lastly, Alternative no. 4 is
    the same as Alternative no. 1 except that, after the first flush
    basin is filled, the excess flow will be directed to a 20.0 MGD
    primary treatment and disinfection system, then discharged to the
    Ohio River. The estimated cost of this Alternative is $4.2
    million (1980). All of these alternatives are predicated on the
    present STP being upgraded in accordance with the Municipal
    Compliance Plan referred to above. In accordance with the
    Municipal Compliance Plan, the City purposes to modify the
    combined sewer overflow structure for $200,000. These
    improvements will include screening of overflows, protecting
    against backup under flood conditions, pumping of wet weather
    flows during high river stages as needed to prevent river
    intrusion and providing treatment to plant capacity prior to
    allowing overflows.
    Another study was conducted by Cepheus Industries, Inc. in
    September 1984. (1984 Cepheus study). This study sampled the
    soils both upstream and downstream as well as the soils in the
    slough which leads from the CSO discharge to the Ohio River for
    copper, lead and zinc. The study concluded that in all cases
    there is an increase in metal concentrations in the downstream
    samples as compared to the upstream samples with the percent
    variation ranging from an increase of 16 for zinc to a 592
    increase for lead. The study went on to state that considering
    the small number of samples and the high readings from the
    “uncontaminated” upstream sample, the significance of these data
    is difficult to determine (Joint Exh. no. 4).
    At the outset, the Board notes that the City’s CSO
    discharges to a slough which floods at least one or more times
    every year. (R. 11). The 1980 CSO study examined the slough and
    the surrounding area and concluded that the City’s CSO has a
    considerable impact on the area surrounding the overflow and the
    river itself with strong odors present when temperatures are high
    and conditions are dry as well as floating paper and rags. In
    contrast, the .1984 Cepheus study examined the slough and
    concluded that there was little indication that the slough was
    utilized for sewage overflows. The study also examined the pool
    under the CSO outfall and concluded that small pockets of gray
    material on the pool bottom felt and smelled like sludge but the
    bottom was comprised mostly of red—brown clay, sticks and leaves
    with very little sludge present. In attempting to reconcile
    these two studies, the Board concludes that the impacts observed
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    during the 1980 CSO study were either no longer present or
    present in small amounts during the 1984 study. The Board notes
    that sludge was observed in the pool at the base of the CSO
    outfall but concludes that the environmental impact of these
    amounts are minimal.
    An analysis of the sediments in the area surrounding the
    overflow and in the river itself were also examined by the 1980
    CSO study and the 1984 Cepheus study though the sediments were
    examined for different constituents. The 1980 CSO study
    concluded that “very few of the overflow plume area samples
    contain definite sludge or organic deposits. Apparently the
    dilute overflow after first flush and the volume of flow in the
    river tend to carry and disperse the settleable solids further
    downstream.” (Joint Exh. 1, p. 28). The 1984 Cepheus study
    which obtained samples from the same area concluded that there
    was an increase in some metal concentrations in the downstream
    sediment samples as compared to the upstream sediment samples.
    However, the study concluded that because of the small sample
    size and the contaminated upstream samples, the significance of
    the samples was difficult to determine.
    Based on the 1980 CSO study, the Board concludes that the
    impact from the City’s CSO is minimal. While this study observed
    the presence of sludge, these amounts were insignificant. The
    Board reaches a similar conclusion based on the 1984 Cepheus
    study. Though this study revealed increased metal concentrations
    in the sediments surrounding the CSO outfall area, this study was
    inconclusive. Since the area surrounding the CSO outfall
    regularly floods, it is difficult to determine the origin of
    these metals. Nothing in the record suggests that the increased
    metal concentrations are being produced by the City’s CSO and
    may, in fact, be produced upstream of the CSO outfall. Moreover,
    no conclusions can be drawn on the impact of the City’s CSO based
    on this study because of the small sample size and the
    contaminated upstream samples. The Agency testified that its
    inspections convinced them “that there are no problems and no
    aesthetic problems or evidence of pollution in the receiving
    stream.” (R. p. 17). Therefore, on balance, the Board concludes
    that the adverse environmental impacts, if this exception is
    granted, are minimal.
    In examining the alternatives, the Board concludes that
    Alternative nos. 2—4 are not justified environmentally or
    economically. These alternatives are designed to capture
    increasing amounts of excess flows and transport them to a
    primary treatment and disinfection system. These excess flows
    are those past first flush and consequently have lower
    concentrations of pollutants and will have a minimal impact on
    the slough and the Ohio River. In light of these facts, the
    construction of additional CSO facilities is not economically
    justified. The City asserts that in lieu of Alternative no. 1,
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    it believes that the upgrading of the present STP including the
    conditions required by the Agency will solve the City’s CSO
    problems at a savings of approximately $2.0 million. The Board
    agrees. The pollutant load of the first flush will not have a
    significant impact on the receiving water. This conclusion is
    supported by the CSO Phrase II report which determined that the
    BOD and SS concentrations in the receiving water would not be
    appreciably altered by the City’s CSO discharge. Also, upgrading
    the present STP will enable the City to capture and treat greater
    amounts of flows, thereby decreasing the occurrence of overflow
    events.
    In conclusion, the Board finds that the evidence in the
    record supports granting the City an exception to 35 Ill. Adm.
    Code 306.305(a) and (b), subject to conditions. The Board notes
    that the impact of the City’s CSO discharge on the water quality
    of the Ohio River.will be minimal. In addition, the Board notes
    that alternative controls as well as the cost of complete control
    are high. The Board will require that the City implement its
    Municipal Compliance Plan along with the requirements suggested
    by the Agency and maintain its sewer system in optimal operating
    condition prior to and during any overflow event.
    ORDER
    The City of Metropolis (City) is hereby granted an exception
    from 35 Ill. Adm. Code 306.305(a) as such provision relates to
    first flush of storm flows and 306.305(b) for its combined sewer
    overflows into the Ohio River at River Mile 944.1, subject to the
    following conditions:
    1. The City shall construct the necessary improvements to
    its sewage treatment plant pursuant to the timetable in
    its Municipal Compliance Plan which is hereby
    incorporated by reference.
    2. The City shall provide for screening of overflows prior
    to discharge and protect the overflow structure against
    river water backing into the sewer during high river
    stages.
    3. The City shall provide for pumping overflows during
    high river stages when gravity bypassing is not
    possible.
    4. Overflows shall occur only while the treatment plant is
    receiving and treating its design maximum flow.
    5. The City shall maintain its Municipal Sewer System in
    optimal operating condition prior to and during any
    overflow event.
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    6. This grant of exception does not preclude the Agency
    from exercising its authority to require as a permit
    condition:
    a. A CSO monitoring program sufficient to assess
    compliance with this exception and any other Board
    regulations, including Section 306.305(c); and
    b. Other controls if needed for compliance.
    7. This grant of exception is not to be construed as
    affecting the enforceability of any provisions of this
    exception, other Board regulations, or the
    Environmental Protection Act.
    IT IS SO ORDERED.
    Board Member B. Forcade dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the ~iZ
    day of
    Q~~c
    ,
    1986 by a vote
    of
    __________.
    Dorothy M. G nn, Clerk
    Illinois Pollution Control Board
    70-99

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