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
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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
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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~