ILLINOIS POLLUTION CONTROL BOARD
    June
    5,
    1986
    IN THE MATTER OF:
    JOINT PETITION OF THE CITY
    )
    OF PEKIN AND THE ILLINOIS
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    PCB 85-226
    FOR EXCEPTION TO THE COMBINED
    )
    SEWER OVERFLOW REGULATIONS
    )
    MR. PATRICK OBERLE,
    CORPORATION COUNSEL, CITY OF PEKIN APPEARED
    ON BEHALF OF THE CITY
    OF PEKIN; AND
    MR.
    E. WILLIAM HUTTON APPEARED ON BEHALF OF THE ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY.
    OPINION AND ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before
    the Board upon the filing on
    December
    31,
    1985 of
    a joint petition for
    a combined sewer
    overflow
    (“CSO”) exception from 35
    Ill. Adm. Code 306.305
    (a)
    and
    (b)
    by the City of Pekin
    (“Pekin”)
    and the Illinois Environmental
    Protection Agency
    (“Agency”).
    A public hearing was held
    in
    Pekin,
    Illinois
    on March
    11, 1986.
    Testimony on Pekin’s behalf
    was presented by Mayor Willard
    E.
    Brinknieier,
    and by Gregory A.
    Sherwood and Richard Helm
    of Randolph and Associates,
    Inc.
    No
    public testimony was presented and
    no public comments were
    received.
    Decision
    in this matter
    is being expedited consistent with
    the City’s need for
    a decision on or
    about June
    1 to allow for
    coordination of CSO design with construction
    of various grant—
    funded wastewater system improvement projects.
    CSO REGULATIONS
    The CSO regulations
    are contained
    in 35
    Iii. Adm. Code
    306.302 et
    seq.
    They were amended
    in R8l—17,
    51 PCB 383, March
    24,
    1983.
    Section 306.305 provides
    as
    follows:
    All combined sewer overflows and treatment plant
    bypasses shall
    be given sufficient treatment
    to
    prevent pollution,
    or
    the violation of applicable
    water
    standards unless an exception has been
    granted by the Board pursuant to Subpart D.
    Sufficient treatment shall consist of the
    following:
    a)
    All dry weather
    flows,
    and the first flush of
    storm
    flows as determined
    by the Agency,
    shall meet
    the
    70.114

    —2—
    applicable effluent standards;
    and
    b)
    Additional flows,
    as determined by the Agency but not
    less than ten times
    to
    sic)
    average dry weather
    flow
    for the design year,
    shall receive
    a minimum of
    primary
    treatment and disinfection with adequate retention time;
    and
    c)
    Flows
    in excess of those described
    in subsection
    (b)
    shall
    be treated,
    in whole or
    in part,
    to the extent
    necessary
    to prevent accumulations of sludge deposits,
    floating debris and solids
    in accordance with 35
    Ill.
    Adm. Code 302.203,
    and
    to prevent depression of oxygen
    levels;
    or
    d)
    Compliance with
    a treatment program authorized by the
    Board
    in an exception granted pursuant
    to Subpart D.
    Subpart D allows the discharger
    to
    file
    a petition for an
    exception either
    singly,
    or jointly with the Agency as the City
    had done.
    The joint petition seeks an exception based on minimal
    discharge
    impact as provided
    in Section 306.361(a).
    COMBINED SEWER SYSTEM
    Pekin, population
    33,127,
    is located
    on
    the east bank of
    the
    Illinois River, approximately five miles downstream of the Peoria
    Lock and Dam.
    It
    is served by both sanitary and combined
    sewers,
    the latter having been originally constructed,
    as
    is typical for
    older
    communities, to collect only storm drainage; however, over
    time,
    the sewers began and continue to serve
    the dual function of
    conveying both wastewater and surface water
    runoff.
    During
    the past 40
    to 50 years, Pekin has endeavored
    to
    separate out the wastewater flow by constructing sanitary sewers
    that convey
    the flow directly
    to sewage treatment facilities.
    (In recent years,
    this sewer separation work has been performed
    in conjunction with street
    improvements and redevelopment
    projects, when,
    as,
    and
    if the City has been able to proceed with
    such projects.)
    Additionally, connections of newly constructed
    sanitary sewers to the old combined system
    are prohibited.
    Presently,
    about one—fourth of the City is served by combined
    sewers, which drain stormwater from about
    1175 acres.
    There
    are combined sewer overflows at
    four outfalls located
    above
    the plant
    and identified by their Street location:
    State,
    Caroline, Court and Fayette Streets.
    CSO from the State and
    Caroline .CSO’s discharge
    to
    a common backwater slough of the
    Illinois River.
    The Court CSO discharges close
    to the bank of
    the
    Illinois River,
    and
    the Fayette CSO discharges about
    250 feet
    back from the
    river bank into
    a channel created by the
    deterioration and washing
    away of the outfall pipe.
    70-115

    —3—
    Overflows occur
    about
    47 times
    a year at each location
    during rainfalls exceeding about
    0.10
    inches.
    For
    a one—year design storm of 1.2 inches per hour,
    based
    on
    suspended solid concentrations,
    the peak first flush flow rates
    and volumes are
    as follows:
    Peak First Flush
    First
    Flush
    Site
    Flow Rate
    (mgd)
    Volume
    (ft3)
    State
    16
    19,000
    Caroline
    23
    54,000
    Court
    47
    155,000
    Fayette
    101
    366,000
    The BOD first
    flush volume
    is about
    60
    of that shown
    for
    suspended solids.
    ENVIRONMENTAL IMPACTS AND PROPOSED CSO CONTROL STRATEGY
    Uses
    of the
    river
    at Pekin are commercial, primarily grain
    loading and storage
    facilities,
    as well
    as recreational,
    including boating and
    fishing.
    There
    is
    a boat ramp upstream of
    Court Street and
    a private boat club near the Caroline CSO.
    A
    railroad
    runs
    along
    the riverbank,
    limiting accessibility except
    at Court Street.
    The supporting justification for
    the proposed exception
    program
    is based on three studies.
    The first two, Phase
    I
    and
    Phase
    II
    (Ex. A) were performed
    by Randolph and Associates,
    Inc.
    Phase
    I covered the sewer system,
    treatment facilities,
    land use, and receiving steam characteristics,
    the
    latter having
    relied on an extensive water quality data base generated during
    a
    1983 Peoria
    CSO study.
    Phase II included
    a six month CSO
    monitoring and sampling program,
    an evaluation
    of alternative CSO
    controls, and recommended
    improvements.
    The third
    study was
    performed by the State Water Survey Division of the Department of
    Energy and Natural Resources
    (ISWS).
    It focused
    on the benthic
    conditions and stream morphology
    in the outfall areas
    (Ex. B).
    Regarding existing conditions,
    the ISWS study was summarized
    as
    follows:
    1.
    “The State,
    Court
    and Fayette Street outfall
    channels exhibit some pollutional effects due
    to
    combined sewer
    overflows:
    the Caroline Street
    outfall
    channel does
    not.
    The State and
    Caroline outfall channels discharge
    into
    a
    common outlet channel
    to the river.
    Sediment
    degradation and potential public health and
    aesthetic problems exist
    in the State
    and
    70-116

    —4—
    Fayette Street outfall channels and
    in the
    State—Caroline outlet channel.
    Only public
    health and aesthetic problems exist at Court
    Street.
    Problems
    in the State—Caroline outlet
    channel appear attributable only to State Street
    sewer overflows.
    2.
    The sediments
    in the riverine areas around
    the
    State—Caroline Street outlet and the Fayette
    Street outlet show no signs of pollutional
    degradation: but several samples
    in the area of
    the Court Street outlet showed evidence
    of
    chronic organic contamination.
    The limited
    contamination in the Court Street area sediments
    can probably be attributed
    to grain spillage
    during barge loading operations which regularly
    take place immediately below the outfall.
    Frequent spillage was observed during the course
    of this study.”
    (Ex.
    B,
    p.
    27,
    28 emphasis in
    original)
    The ISWS Peoria study,
    assumed
    to
    be applicable
    to Pekin,
    noted that the only significant CSO impacts were “substantial
    increases in fecal coliform densities and the transitory
    occurrences of
    floating debris...”
    (Ex.
    C,
    p.
    113).
    The dilution
    factor
    is
    26
    to
    1 between
    the river’s minimum seven—day,
    ten—year
    flow and Pekin’s total one—year
    first flush peak flow discharge.
    (R. 24)
    In
    lieu of construction which would achieve
    full compliance
    with the CSO regulations, Pekin and
    the Agency propose the
    following CSO control strategy:
    1)
    Construct underground
    storage
    for complete treatment of
    first flush volume
    (19,000 Cu.
    ft.)
    at State
    Street.
    This will
    reduce overflow frequency by 36
    and volume by 52,
    up
    to
    approximately a 0.40 inch rainfall.
    An overflow baffle will
    prevent floating debris from entering the slough.
    The storage
    will also alleviate basement flooding.
    2)
    Connect existing regulators
    at the Caroline, Court and
    Fayette CSO’s
    to
    a new interceptor sewer, which,
    with other
    improvements of the treatment plant and use of the existing
    interceptor, will
    allow full operation of the system up to
    a
    25
    year flood,
    and completely treat 14 times dry weather
    flow,
    capture about 18
    of the first flush volume on an annual basis,
    and reduce
    the number of overflows by about 9.
    3)
    Modify the Court Street CSO
    to provide
    a self—cleaning
    outfall channel
    to the river, thus eliminating the occurrance of
    trash and debris which
    is caught
    in the course
    (sic)
    riprap
    presently below the outfall.
    70-117

    —5—
    4)
    Extend the Fayette CSO outfall about
    180
    feet to its
    original discharge point, this eliminating sewage contamination
    in
    the outfall channel.
    Pekin has also agreed to monitor
    the four CSOs outfalls
    for
    up
    to three years
    to assure
    that the CSO effects are adequately
    mitigated or, alternatively,
    to determine whether
    additional
    improvements are necessary.
    Pekin anticipates that its proposal will “substantially
    eliminate
    all significant water quality and aesthetic impacts...”
    (R.25).
    Pekin expects to complete design by October
    30,
    1986,
    to
    begin construction by March 31, 1987,
    and
    to have these
    facilities operational
    by April,
    1988.
    The cost
    is estimated
    to be $1.2 million.
    Alternatively,
    Pekin asserts
    that the most cost—effective method
    of
    full
    compliance with Sections 306.305(a)
    and
    (b), providing storage
    for
    first
    flush volumes at each CSO outfall
    and increasing
    transport capacity to
    at least
    12.5 times dry weather flow,
    is
    estimated
    to be $10 million.
    Mayor Willard Brinkmeier testified that local dollars have
    funded about $800,000
    in sewage treatment system upgrading
    in the
    past
    12 years.
    Presently,
    the projected costs of necessary major
    improvements
    to the wastewater treatment plant
    and sewer system,
    including
    the proposed CSO improvements, are estimated
    at
    $7
    million,
    of which
    $2.5 million
    is available through grant funds,
    although more grant funding
    is expected.
    However, the Mayor
    also
    stated that the $1.2 million needed
    to finance the proposed CSO
    improvements would
    be “funded entirely by our own community”
    by
    means
    of general revenue bonds.
    (R.5—8,
    12).
    CONCLUSION
    Having
    considered
    the factors enumerated
    in Section
    306.361(a)
    and the evidence presented by Pekin jointly with the
    Agency, the Board
    finds that the proposal
    for exception will have
    minimal impact.
    The Board grants the exception with language similar
    to that
    recommended
    in the petition.
    However,
    the Board,
    in Condition
    2
    and
    3, has substituted language
    for proposed Condition 1(f)
    addressing monitoring,
    and added language
    to clarify that relief
    is not granted
    from water quality standards.
    ORDER
    1)
    The City of Pekin
    (Pekin)
    is hereby granted
    an exception
    from 35 Ill. Adm. Code 306.305(a)
    as such provision relates
    to
    first flush
    of storms flows,
    and from 35 Ill. Adm. Code
    70-118

    —6—
    306.305(b),
    subject to
    the
    following conditions:
    a)
    Pekin
    shall connect the existing
    regulators at
    Caroline, Court,
    and Fayette Street CSO’s to the
    new interceptor that will extend from Plant
    2
    to
    Plant
    1.
    b)
    Pekin
    shall construct facilities
    to provide that
    the entire
    first flush volume from the State Street
    CSO will
    be captured and fully treated.
    C)
    Pekin
    shall extend
    the Fayette Street outfall
    so
    that the CSO discharges directly into the main
    river channel.
    d)
    Pekin
    shall provide
    a self—cleaning outfall channel
    to the river
    for the Court Street CSO.
    e)
    Overflows shall only occur while
    the
    treatment
    plant
    is receiving and treating its design maximum
    flow.
    2)
    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,
    including compliance with water quality standards.
    3)
    This grant of exception
    is not to
    be construed
    as
    affecting the enforceability of any provisions of this exception,
    other
    Board regulations,
    or
    the Act.
    IT
    IS SO ORDERED.
    3.
    D.
    Dumelle concurred.
    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 the5~Z~day of
    ~
    ,
    1986, by
    a vote of
    ~—/
    Dorothy M. G~nn,Clerk
    Illinois Pollution Control Board
    70-119

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