ILLINOIS POLLUTION CONTROL BOARD
JUNE 20,
1986
CITY OF JOHNSTON CITY,
)
)
Petitioner,
)
)
v.
)
PCB 86-52
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by J.
D. Dumelle):
This matter comes before
the Board upon
an April 15,
1986
Petition for Variance filed on behalf of the City of Johnston
City (City).
The City seeks relief from
35 Ill. Adm. Code
309.241: Standards for Issuance
to allow the connection of 142
homes
to the City’s sewer system.
Hearing
in this proceeding was
waived and the Illinois Environmental Protection Agency
(Agency)
filed its recommendation on May 16,
1986,
recommending that the
variance be granted, with conditions.
The City owns and operates
a wastewater treatment plant
(WWTP) which consists of a terminal pumping station with
comminutor,
a bar
screen and
a single cell waste stabilization
pond.
The WWTP has
a design capacity of 0.4117 million gallons
per day (MCD) and discharges, pursuant to an NPDES permit to Lake
Creek,
a tributary to the Big Muddy River.
(Pet.
p.
2-3).
The
City seeks relief from having its sewer system placed on
Restricted Status
by requesting variance from
35 Ill.
Adm.
Code
309.241
to allow the Agency to issue
the City
a Construction and
Operating Permit to connect an additional 142 homes
to the City’s
sewer system.
The issue before the Board
is whether denying the
City variance would impose an arbitrary or unreasonable hardship
on the City.
The Board determines whether an arbitrary or
unreasonable hardship imposed by denying the variance against the
environmental harm experienced by granting the variance.
For the
following reasons,
the Board finds that denying the City variance
would constitute an arbitrary or unreasonable hardship and,
therefore, grants the City variance subject to conditions.
Environmental Impact
The City asserts that by granting the requested variance,
the Board would be eliminating an existing public health hazard
which is
a result of failing private sewage disposal systems.
The City also asserts that the Illinois Department
of Public
Health and the Franklin-Williamson Bi-County Health Department
70-271
-2-
surveyed the sewage disposal problems
in the City and concluded
that:
‘...
residences utilize private sewage
disposal systems that due to soil which has
poor seepage characteristics, and a seasonal
high water table, routinelymalfunction,
discharging to the ground surface.
The
liquid discharge is not properly treated,
has
a high organic content,
could be the source
of transmission of
a broad range of enteric
diseases, and provides an ideal breeding area
for the type mosquito which transmits
encephalitis.”
The survey concluded that the best long-term solution to the
problems
is
to develop
a sewerage project
for
this area.
(Pet.
p.
16).
The Agency agrees and ass~rtsthat
soil conditions
in
southern Illinois are not conducive
to the use of septic tanks
and seepage fields.
The soils are generally hard clay or thin
layers of
top soil underlain with limestone.
As
a result,
provision of sewers
is the method preferred by county and state
public health officials.
(Rec.
p.
4).
Based on this
information,
the Board finds that the environmental impact of
granting the City variance
is minimal.
Ha
rd
ship:
The City asserts that it has been diligently pursuing
compliance with the final effluent limitations
of its NPDES
permit.
The City has
a Step Il/Ill grant allocated
to them which
will be utilized to construct an activated sludge plant with
excess flow facilities and filters with a design average flow of
0.55 MGD.
Construction
is scheduled to begin
in December with
final operation expected by July
1, 1988.
The Agency opines that
the City will probably lose its grant
if the variance
is denied
or if the City was allowed to construct the sewer but not connect
the homes
to the sewer system.
(Rec.
p.
5).
The Board
finds that denying the City variance from 35 Ill.
Adm.
Code 309.241 would impose an arbitrary or unreasonable
hardship on the City.
The public health ramifications of the
present septic systems serving the 142 homes are
serious.
If the
Board were
to deny variance then the City would probably lose its
grants (which are variously listed as $200,000 to $700,000)
clearly setting the City back in achieving compliance with the
final effluent limitations
of its
NPDES permit.
The Board notes
that extending sewer service to the
142 homes
is the most
economical and environmentally sound alternative to the City’s
serious problem of failing private disposal system.
The Board
will require that the City complete its WWTP upgrade as
expeditiously as practicable with the ultimate goal being
79-272
-3-
achievement of the final effluent limitations
by July 1,
1988.
Also,
the Board will require that the City operate its wastewater
treatment facilities
in
a manner so as
to minimize adverse
environmental impacts.
This Opinion constitutes the Board’s findings of facts and
conclusions
in this matter.
ORDER
The City of Johnston City
is hereby granted variance from
35
Ill. Adm.
Code
309.214, subject to the following conditions:
1.
Variance shall run from June 20,
1986 to July 1,
1988.
2.
The City may connect
to its sewer system the 142 homes
discussed in the Petition but no other connections may
be made.
3.
The City shall operate its wastewater treatment
facilities so as
to minimize adverse environmental
impacts.
4.
The City shall complete its wastewater treatment plant
upgrade and expansion project as expeditiously as
practicable.
5.
The City’s upgraded treatment plant shall meet final
effluent limitations
by July
1,
1988.
6.
Within 45 days of the date of this Order the City shall
execute and send
to:
Illinois Environmental Protection Agency
Attention:
James Frost
Division
of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
Springfield, IL 62706
a certification of acceptance of this variance by which
it agrees to be bound by its terms and conditions.
7.
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:
70.273
—4—
CERTIFICATION
The City of Johnston City hereby accepts and agrees to be bound
by all the terms and conditions of the Order of the Illinois
Pollution Control Board in PCB 86-52, dated June 20,
1986.
City of Johnston City
by:
Authorized Agent
IT IS SO ORDERED
I,
Dorothy N. Cunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above
0
nion and Order was
adopted on the
~
day of
~
,
1986 by
a vote
of
•7—c
/
Dorothy
M.
C~.u’~n,Clerk
Illinois Pollution Control Board
Title
Date
70-274