ILLINOIS POLLUTION CONTROL BOARD
    June 5, 1986
    CITY
    OF
    DIXON,
    )
    Petitioner,
    v.
    )
    PCB 85—217
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD
    (by 3.
    Anderson):
    This docket was initiated upon the December 30,
    1985 filing
    of what was captioned as
    a joint petition
    by the City of Dixon
    (City)
    and the Illinois Environmental Protection Agency
    (Agency)
    seeking
    an extension to
    the December 31,
    1985 deadline contained
    in 35
    Ill. Adm.
    Code 306.373
    for the filing of petitions for
    exceptions to
    the combined
    sewer overflow
    (CSO)
    regulations.
    In
    summary,
    the City asserted that
    it had made every effort to
    comply with the date specified in 35
    Ill. Adm. Code 306.373 but
    for reasons beyond
    its control,
    was unable
    to comply with said
    date: that because
    of unusually dry weather
    and
    a lack of
    significant
    rain events,
    the Petitioner was unable
    to monitor any
    first
    flush events
    to determine the level
    of compliance currently
    being achieved
    at the City~scombined sewer
    overflows.
    Further,
    the City stated that it believes that existing combined
    sewer
    overflows have
    a minimal impact on Rock River water quality and
    do not restrict stream
    use,
    such that sewer separation projects,
    costing $2,348,000
    to build, would produce little benefit, but
    that the City does not have sufficient documentation at present
    to
    come
    before
    the
    Pollution
    Control
    Board
    with
    a
    Petition
    for
    CSO Exception.
    By Order
    of January
    9,
    1986,
    the Board determined
    that as
    a
    matter of procedure this request would
    be more appropriately
    handled
    as a petition
    for variance from Section 306.373.
    The
    City filed
    a variance petition with the Board on February
    4,
    1986
    but the petition was not served upon the Agency until March
    24.
    By Order
    of April
    10,
    the Board
    noted that to protect the rights
    of
    the
    public
    to
    timely
    file
    objections
    and
    the
    Agency
    to
    timely
    file
    either
    an
    objection
    or
    a
    Recommendation
    pursuant
    to Section
    37(a)
    of
    the
    Environmental
    Protection
    Act,
    that
    the
    statutory
    time
    periods
    must
    be
    computed
    from
    March
    24.
    No
    objections
    were
    filed, and
    as hearing was waived by the City,
    none has been
    held.
    On
    April
    28,
    the
    Agency
    filed
    a
    Recommendation
    in
    support
    of
    grant
    of
    variance,
    subject
    to
    conditions.
    Decision
    in
    this
    70-108

    —2—
    matter
    is being expedited consistent with the Board’s
    observations
    in
    its April
    10 Order.
    The City of Dixon, which
    is located
    in Lee County, owns and
    operates
    a Municipal Wastewater Treatment Facility which serves
    the Dixon community consisting
    of approximately 18,147
    residents
    and numerous commercial and
    industrial establishments.
    The
    treatment plant
    is located on
    the bank of the Rock River, into
    which discharge occurs.
    Facilities include raw sewage pumps,
    communitors,, grit removal, primary sedimentation, aeration
    tanks,
    final sedimentation, disinfection
    (chlorination),
    anaerobic digestion, sludge storage, drying
    beds, and assorted
    appurtenant facilities.
    The plant has
    a design average flow of
    3.4 million gallons per day
    (mgd)
    and
    a design maximum flow of
    8.4 mgd.
    Pursuant to
    a variance granted
    in PCB 85—47
    (August
    15,
    1985),
    expiring
    in October,
    1986,
    the plant’s Outfall 001
    is
    operating under interim effluent limitations
    for BOD and TSS
    (respectively 30/40 on monthly averages and 45/60
    on daily
    average).
    Variance was granted
    in conjunction with the City’s
    upgrading of
    its dry weather
    sewage treatment facilities.
    The
    improvements consist of the construction of
    an additional
    clarifier and larger aerators.
    The Agency reports that these
    improvements are currently under construction with the larger
    aerators being
    installed in September,
    1985,
    and the
    additional
    clarifier now scheduled
    for completion
    in late June
    or early
    July,
    1986.
    Other minor work
    is also being completed.
    The collection system tributary to
    the City’s plant covers
    about
    2,250 acres, according
    to Petitioner’s Municipal Compliance
    Plan
    (MCP).
    Of that 2,250 acres, about
    1,900 acres are served
    by
    separate sanitary sewers
    and the remaining 350 acres are served
    by combined sewers.
    The combined sewered area, then,
    is about
    15
    of the service area
    in the City.
    Since the interceptors were
    constructed when the majority of the service area was combined,
    a
    great deal of storm flow has been removed.
    Sewer separation
    for
    the remaining portion of the service area
    is expected
    to be
    accomplished as street improvements are made, but since the areas
    are primarily residential
    it is unlikely to be done anytime
    in
    the near future.
    The combined sewered areas generally lie along
    and adjacent to
    the interceptor sewers and overflows.
    The City retained a consulting engineer
    in December 1984
    to
    prepare
    a Combined Sewer Overflow Exception study
    in accordance
    with Agency guidelines.
    The engineers, with cooperation of City
    Sewage Plant personnel, set up
    a program to monitor major
    combined sewer overflows for first
    flush determinations during
    wet weather bypassing to the Rock River.
    Concurrently, the
    engineers completed Phase
    1
    Background Information
    (Exhibit 1)
    and Phase
    II
    Preliminary Stream Inspection (Exhibit 3), with
    the latter report documenting the stream characteristics
    (i.e.
    high flow volumes, reaeration capacity, excellent water quality,
    productive sport fishery)
    and the lack of any evidence of
    70-109

    —3—
    pollution
    (i.e.
    no sludge deposits or other
    evidence of
    pollution were noted
    in the survey).
    In the Spring of 1985 the City also initiated
    a major
    cleaning program for
    the interceptor sewers,
    the only such effort
    made
    in about
    20 years.
    This involved removal
    of grit deposits
    in the range of one—half
    to two—thirds of the pipe diameter;
    the
    deposits were not previously known
    to be
    so substantial.
    The City asserts that unusual conditions were encountered
    during the CSO monitoring
    period, such as there being one of the
    driest late spring,
    summer, and early fall periods
    in many years
    and the lack of any heavy,
    intense
    rainfall events.
    As
    a result
    of these weather conditions as well as the restoration of lost
    interceptor
    sewer capacity by cleaning, no overflows occurred,
    from the middle of
    May through the middle
    of October, at the
    CSO’s that previously were activated for
    over 90
    of all rain
    events.
    The interceptors conveyed all flows
    to the treatment
    plant, with the exception
    of one overflow for one event.
    This
    event was not representative of
    a realistic first
    flush (Exhibit
    6).
    Therefore,
    no determination could
    be made as
    to impacts on
    the Rock River
    or the level
    of compliance with Section 306.305.
    It
    is the City’s opinion that first
    flush and
    a significant
    part of the next ten
    times dry weather
    flows
    (lOx flows)
    from the
    combined sewered areas are probably being conveyed
    to the
    treatment plant by the clean interceptor sewers, but no
    documentation
    is available
    for presentation to
    the Board with
    an
    Exception Petition since studies to date were designed
    to monitor
    significant overflow events.
    The City believes that the cleaning
    of the
    interceptor sewers changed conditions so drastically that
    old studies, including the facilities plan overflow monitoring,
    are no longer applicable.
    Accordingly, during
    the next year,
    the City proposes
    to
    monitor the overflows
    to determine which are still
    active, as
    well
    as to determine what percentage of first
    flush and lOx
    flows,
    for each active overflow,
    are presently being conveyed
    to
    the
    treatment plant during
    precipitation events.
    The City
    believes the
    information developed
    in these further studies will
    allow the City and Agency to come before
    the Board with
    an
    adequately documented Petition for Exception to the Combined
    Sewer
    Overflow regulations
    if indeed compliance with Section
    306.305
    is not being achieved.
    The City also asserts that denial
    of variance to allow it to
    complete CSO monitoring will impose an arbitrary economic
    hardship.
    The City
    is
    in the EPA grant program having completed
    the Step
    I Facilities Plan
    in 1982.
    The Plan concluded that
    separation of the remaining
    15
    of the
    service area was the least
    costly full compliance alternative.
    However,
    the City’s priority
    ranking
    is
    so poor that it has no expectations of
    receiving any
    grant funding, with the result that all improvements required
    must be paid out of local
    funding.
    The City alleges that the
    70-110

    —4—
    estimated $2,348,000
    cost of
    a major separation project would be
    burdensome
    on
    a City already faced with
    a difficult economic
    situation,
    given
    the
    other upgrading required
    for the City’s
    treatment plant
    and sewer system.
    The City’s costs
    for the
    aforementioned plant upgrading project are $630,000, of which
    $355,000 are
    financed from local
    funds and revenue bonds,
    and
    $275,000 from
    a non—USEPA grant.
    The City has also committed
    to
    complete sewerage works improvements by July,
    1988,
    which include
    provision of standby power
    at the treatment plant, elimination of
    river intrusion during flood stages at certain overflows, and
    installation of waterlight lids on manholes
    in the
    floodplain.
    The City has not provided details on the financing of this
    $246,000 project..
    The Agency does not disagree with the City’s various
    assertions.
    The Agency notes that there does not seem to be
    a
    significant impact on the Rock River
    by the City’s CSO
    discharges,
    and states
    its belief that maintenance of the status
    quo
    for
    the variance period will have little impact on the river.
    The Board
    finds that denial of variance would
    impose
    an
    arbitrary or
    unreasonable hardship, given
    that the City’s sewer
    cleaning program has resulted
    in conveyance
    of considerably more
    flows
    to the plant, making prior CSO data obsolete, and
    that
    weather conditions have prevented accurate monitoring of what CSO
    discharges have occurred
    since
    the sewers were flushed.
    Variance
    is therefore granted until June
    1, 1987 with conditions similar
    to those suggested
    by the Agency.
    The Board will,
    of course,
    entertain
    a petition
    for extension of this variance
    in the event
    that weather conditions during
    the next year do not allow the
    City to amass sufficient data
    to make reasonably informed CSO
    compliance determinations.
    Finally,
    the Board notes that the utility of sewer
    cleaning
    in achieving CSO compliance was the subject of much discussion
    in
    the R8l—17 hearings which lead
    to creation of the CSO exception
    procedure.
    The Board views the results of the City’s one—time
    cleaning project with interest, and encourages the City to
    consider
    the benefits of
    a regular
    interceptor sewer cleaning
    program in development of any CSO strategy.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law
    in this matter.
    ORDER
    1)
    The City of Dixon
    is hereby granted variance until June
    1, 1987 from
    the December
    31, 1985 deadline of
    35
    Ill.
    Adm. Code
    306.373 for
    the
    filing of
    a petition for exception to
    the
    combined sewer overflow
    (CSO)
    regulations pursuant
    to 35
    Ill.
    Adm. Code 306.350—306.374,
    subject to the following conditions:
    a)
    The City shall commence and complete CSO monitoring
    as expeditiously as
    is practicable.
    70-111

    —5—
    b)
    On or before February
    1,
    1987,
    the City shall
    notify
    the Agency
    in writing of the results of
    its
    monitoring.
    This notification shall
    include any
    determination made by the City as
    to
    a)
    its
    intent
    to file
    a petition for variance extension,
    b)
    its
    intent to file
    a CSO exception petition, or
    c)
    its
    lack of need for either
    due
    to achievement of CSO
    compliance.
    This notification shall
    be sent to
    James
    Frost, c/o Compliance Assurance Section,
    Division of Water Pollution Control, 2200 Churchill
    Road, Springfield, Illinois
    62706.
    c)
    The City shall continue
    to pursue the upgrading of
    its treatment plant and sewerage system through the
    construction grants program and shall continue
    to
    take all reasonable measures
    to
    insure that the
    maximum flows practicable are conveyed
    to its
    treatment plant.
    2)
    Within 45 days of the date of
    this Order,
    the City shall
    execute and submit
    to the Agency at the address listed
    in
    paragraph 1(b),
    above,
    a Certificate of Acceptance
    and Agreement
    to be bound
    to all terms and conditions of
    this variance.
    This
    forty—five day period
    shall
    be held
    in abeyance
    for any period
    this matter
    is being appealed.
    I,
    (We),
    ____________________________,
    having
    read
    the
    Order
    of the Illinois Pollution Control Board,
    in PCB 85—217,
    dated June
    5,
    1986,
    understanding and accept
    the said Order,
    realizing that such acceptance renders all terms
    and conditions
    thereto binding and enforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT
    IS SO ORDERED.
    70-112

    —6—
    I,
    Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the
    bove Opinion and Order was
    adopted
    on
    the
    ~
    day of
    —,
    1986,
    by
    a
    vote of
    7~~)
    .
    /~—
    II
    ~2
    ~
    Dorothy
    M.
    Ginn,
    Clerk
    Illinois Pollution Control
    Board
    70-i
    j~

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