ILLINOIS POLLUTION CONTROL BOARD
February
6, 1986
CITY OF FLORA,
ILLINOIS,
Petitioner,
v.
)
PCB 85—128
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
MR.
THOMAS
3.
IMMEL AND MR.
JAMES
L.
BRISSENDEN APPEARED ON
BEHALF OF THE CITY OF FLORA.
MR. RICHARD
C. WARRINGTON APPEARED ON BEHALF OF THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY.
OPINION AND ORDER OF THE BOARD
(by J.D. Dumelle):
This matter comes before
the Board upon
a Petition for
Variance filed by the City of Flora
(Flora), pop. 5,379
(1980),
on August 23, 1985 requesting variance from 35
Iii. Adm. Code
302.406
(fecal coliform water quality standard for secondary
contact waters), 304.120
(deoxygenating wastes effluent
standard), 304.121
(fecal
coliform effluent standard)
and 304.301
(exception
for ammonia nitrogen water quality violations)
for
Flora’s wastewater
treatment plant’s
(WWTP)
discharge
to Seminary
Creek,
Clay County,
Illinois.
Flora requests that the variance
expire on July
1,
1988.
(Pet.
p.
4).
The Illinois
Environmental
Protection Agency (Agency)
filed
its recommendation on October
15,
1985, advising that Flora’s petition for variance
be
denied.
Flora filed
a response to the Agency’s recommendation on
October
28, 1985,
indicating,
inter alia, that the applicable
fecal coliform water quality standard was 35
111. Adm. Code
302.209
(primary contact waters)
and that Flora was also in need
of
a variance from 35 Iii. Adm. Code 306.304 (overflows)
and
requested
the Board for leave to amend
its variance petition
instanter
in order
to make the necessary alterations.
This
request
is hereby granted.
Several persons have made submissions to
the Board
expressing their objections
to the variance relief requested by
Flora.
The Board received
such letters from
:
Joseph
C. Burt on
September
6; Judy Smith oh September
11; Donna
L. McAllister on
September
11; Bernard
H.
Goudy on September
12;
and Bennie
and
Barbara Vandaneer
on September
18.
All are residents and/or
property owners
in rural areas adjacent
to Seminary Creek
and
downstream from the treatment plant’s outfall.
—2—
Hear ing was held on November
14,
1985 at which testimony was
given by Roger Edminson, City Engineer
for Flora; David Thompson,
Superintendent of the WWTP for the City of Flora; Joseph Burt,
Donna McAllister,
Judy Smith, Jim Klien and Brenda Lush all of
whom own property
in the vicinity of Seminary Creek but are not
within the service area of Flora’s WWTP.
The essence of the
citizens’ testimony centered on their concern that Seminary Creek
was already too polluted and that the City of Flora will not
aggressively pursue construction of the proposed Municipal
Compliance Plan
(MCP).
Even though these citizens are
riot within
the service area of Flora’s WWTP,
the Board acknowledges the
importance of their testimony since they will be affected by our
decision.
Also
at hearing,
the Agency indicated its intent to
file an amended recommendation.
However,
it has subsequently
declined
to do so.
For
reasons detailed below,
the Board hereby
grants Flora variance from 35
Iii. Adm. Code 302.209,
304.120,
304.121, 304.301 and 306.304, subject to conditions.
Flora owns and operates a WWTP facility with
a design
average flow of 1.0 million gallons per day (MGD).
The plant
consists of an aerated grit chamber,
trash bar
screens,
comminutors, flow diversion chamber, primary ciarifiers,
aeration
basins,
secondary clarifiers,
tertiary sand filters, sludge
drying beds and chlorination facilities.
A heated anaerobic
digester and
an unheated secondary digester are used
to digest
the
sludge.
The present facilities began operation
in 1976 with
the most recent upgrading being completed
in the fall of 1984.
Flora’s WWTP discharges
to Seminary Creek,
thence
to Elm Creek,
Elm River,
Little Wabash River
and,
finally,
the Wabash River.
The Illinois State Water Survey classifies Seminary Creek
as
a
zero low flow stream.
(Rec.
p.
2).
Flora discharges under NPDES Permit No.
1L0020273, effective
March
2,
1983
and scheduled to expire on January 31,
1988.
This
permit identifies two outfalls, Discharge 001 which
is the
principal sewage treatment plant outfall,
and Discharge 002,
which is the excess flow outfall.
Pertinent final effluent
limitations
for Discharge 001 are
10 mg/i
of
five—day biochemical
oxygen demand (BOD~),12 mg/i of total
suspended solids
(TSS),
400/100 ml of fecal coliform bacteria, 0.75 mg/i of chlorine
residual and 1.5/4.0 mg/i
of ammonia nitrogen.
Pertinent final
effluent limitations
for Discharge
002 are
30 mg/i
of BOD5,
30
mg/i of TSS, and 400/100 ml
of fecal coliform.
Flora’s NPDES
Permit does not specify a limit
for Ammonia Nitrogen for
Discharge 002,
nor will the Board impose one as
a variance
condition.
Flora contends that the bulk of their problem relates
to
hydraulic overloading of the plant.
As respecting BOD5,
TSS, and
fecal coliform,
the sewage treatment plant can provide adequate
treatment within the parameters of the NPDES Permit when
flows do
not exceed
1.0 MGD.
However, when the plant receives greater
flows a “riling” action occurs which washes out the aeration
tanks
and disturbs the final settling tanks such that solids clog
—3—
the tertiary treatment system.
At this point
it is necessary to
bypass the tertiary treatment stage, which also includes
bypassing chlorination treatment.
Ammonia Nitrogen violations
are not related
to hydraulic overloading,
and occur regardless of
the volume of flows entering
the plant.
(MCP,
Section VI).
It
is believed by Flora that the inability to reduce the amount of
ammonia
is caused by failure of the
system
to insert sufficient
oxygen.
(R. at 78).
Environmental Impact
Flora asserts that
it
is
riot causing
or contributing
to any
violations other than 35
Ill. Adm.
Code 302.209,
304.120,
304.121, 304.301 and 306.304 by discharging
at present levels.
Moreover, Flora contends that
it will not significantly increase
its discharge during
the variance period,
and, therefore, does
not anticipate causing any adverse
environmental impact to
Seminary Creek.
(Pet.
p.
3).
Flora then refers
to
the attached
stream analysis sheets.
(Pet.
Exhibit A).
These sheets show
dissolved oxygen violations
on August
30,
1984
(3.4 mg/l)
and on
October
10, 1984
(4.0 mg/i).
In the first violation the upstream
reading was
far below standard
at 2.5 mg/l and, undoubtedly,
lowered the downstream value.
However, the second violation does
not have such an explanation.
Thus,
of fifty—one dissolved
oxygen readings, only one,
that of October
10,
1984,
is below the
standard.
In contrast, the ammonia levels downstream appear to
be
in violation except
for perhaps six of the fifty—one
readings.
The record
is silent on any fish kills caused by these
ammonia levels.
It
is probable that fish avoidance occurs since
the situation has existed for
so long.
No bottom samples were
taken
so
it
is not known
if sludge banks exist because of the
overflows
.
In response,
the Agency asserts
that based
on water
quality monitoring data provided by Flora,
Flora appears
to be
contributing
to water quality violations
by discharging effluent
which is not
in compliance with effluent limitations.
The Board notes
that Flora has
no combined sewers in the
City and there
is an ordinance which prohibits them.
However,
Flora’s WWTP has bypasses because
it experiences excessive flows
during periods of rainfall and melting snow~ Flora has attempted
to make good
faith efforts to minimize the adverse environmental
impact from these excessive flows by providing bar screen and
grit removal.
The Board
also notes
that while the record
is
vague on the extent of the 1984 studies
to eliminate infiltration
and inflow,
it
is possible that these excessive flows are caused
by downspouts and
footing tiles being connected to the sewer
system.
The Board will require that these
inflow sources be
disconnected during 1986 sand
no later than November 30, 1986.
Furthermore,
the Board notes that while
the environmental impacts
in the
instant petition are not fully analyzed,
it appears that
no solution exists which can be quickly implemented
to reduce
the
high ammonia levels and that the downstream dissolved oxygen
levels
are adequate.
—4—
Hardship
Flora asserts that
it has been actively working towards
achieving full compliance with
35 Ill. Adm.
Code 302.209,
304.120,
304.121, 304.301 and 306.304.
In
1984,
Flora initiated
a sewage collection system rehabilitation project
to eliminate
excess storm water flows.
However, Flora contends that
approximately 20
of the estimated total flow necessary to
prevent hydraulic overloads at the WWTP was removed by this
project.
Thus,
the problems with BOD5,
TSS and fecai coiiform
still exist during periods of high flow.
(Pet.
p.
2).
Flora’s
City Engineer has prepared a Municipal Compliance Plan
(MCP)
which includes,
inter alia; constructing first—flush and excess
overflow lagoons with short—term disinfection and ammonia
nitrogen removal
equipment to
insure that NPDES requirements are
met upon completion of the project which is estimated to be on or
before July 1,
1988 at
a cost of approximately $1.7 million with
annual operating expenses of approximately $360,000.
(R.
p.
34).
Flora asserts that immediate compliance with Board
regulations would impose an arbitrary or unreasonable hardship
because
it needs sufficient time to prepare plans,
specifications, cost estimates, acquire the additional land and
the necessary financing
for upgrading
its WWTP pursuant
to
Section VIII of the MCP.
(Pet.
p.
2).
The Agency,
in
its pre—hearing recommendation, contends that
in the absence of stated costs
to come into compliance,
it finds
it difficult
to specify now much hardship exists.
The Board
notes that at hearing the stated costs per user for upgrading
Flora’s WWTP are an additional
$3.23 per month.
(R.
p.
25).
The
Agency also asserts that Flora’s basic hardship
is that the
protection afforded
it while participating
in the construction
grant program under 35
Iii.
Adm. Code 304.140 will disappear upon
completion of the rehabilitation project; while
the excess flows
sought to be removed from the sewer collection system have not
disappeared.
The Agency also believes that providing the
necessary facilities without grant assistance may prove
to be a
hardship to Flora which Flora should
be able
to demonstrate
at
hearing.
(Rec.
p.
8).
The Board finds that Flora has demonstrated diligence in
working towards achieving compliance with
35
Ill. Adm. Code
302.209,
304.120,
304.301,
and 306.304 and that immediate
compliance with the above regulations would impose
an arbitrary
or unreasonable hardship on Flora especially
in light of the
recently submitted Municipal Compliance Plan.
Moreover, Flora
has stated that
it intends to go through with the project whether
it receives assistance
or4 not.
Thus,
the Board hereby grants
Flora
its requested relief,
subject
to conditions.
The conditions which
the Board will impose are based on
conflicting data and statements presented
in Flora’s petition and
MCP,
the Agency’s recommendation and testimony presented at
hearing.
During
the variance period, the effluent limitations
—5—
for Flora’s WWTP Outfall
(Discharge 001) shall
be 10 mg/i BOD5,
12 mg/i TSS, 400/100 ml Fecal Coliform and 25 mg/i Ammonia
Nitrogen for flows from zero to 1.0 MGD.
In Section VI of
Flora’s MCP, Flora states that
its WWTP “can provide adequate
treatment within the parameters of
its NPDES Permit when flows do
not exceed 1.0 MGD equivalent at the plant.”
Thus, the Board
will hold Flora
to these limits, except
for Ammonia Nitrogen,
since Flora asserts that violations of the Ammonia Nitrogen
limitation occur regardless of the volume of flows entering the
plant.
The Board will not impose a chlorine residual effluent
limitation since chlorinator problems are not alleged
in the
petition.
The Board notes, however, that Flora will be required
to adequately chlorinate
its effluent to meet the fecal coliform
limitation.
The effluent limitations
for Flora’s WWTP outfall shall
be
30 mg/i BOD5,
36 mg/i TSS, 25 mg/i Ammonia Nitrogen
for flows
from 1.0 MGD to 1.9 MGD.
There will
be no limit
for fecal
coliform as long as this volume of flow does not receive tertiary
treatment.
At hearing, Flora’s City Engineer testified that
Flora
could
live with the above limitations
for flows from zero
to 1.9 MGD.
(R.
p.
30—31).
However, this conflicts with Flora’s
prior assertions that the WWTP could meet the NPDES Permit
limitations
for flows
from zero
to 1.0 MGD
(MCP Section VI and
Pet. p.
1).
Therefore,
the Board has proposed different effluent
limitation
for flows between zero and 1.0 MGD and flows from 1.0
MGD
to 1.9 MGD
in an attempt to reconcile this discrepancy.
Lastly, for flows
in excess of 1.9 MGD,
Flora will
be
required
to provide bar screening and grit removal.
Flora’s City
Engineer testified at hearing that flows
in excess of 1.9 MGD are
just bypassed through screening and grit removal and discharged
through Discharge 002.
(R.
p. 31—32).
Therefore,
the Board will
require Flora
to provide bar
screen
and grit removal
for excess
flows discharged through Discharge 002.
Finally,
the Board will impose as a variance condition that
should any interim deadlines not be met,
the variance will
terminate.
The Board
is imposing this condition
in response
to
citizen’s fears that Flora will not aggressively pursue
construction of the proposed MCP.
This Opinion constitutes the Board’s findings of fact and
conclusions of law
in this matter.
ORDER
The City of Flora,
lbcated
in Clay County,
Illinois
is
hereby granted variance from 35 Ill.
Adm. Code 302.209,
304.120,
304.121, 304.301 and 306.304,
subject to the following
conditions:
—6—
1.
The variance period
shall
run from August 23,
1985 to
July 1,
1988,
except that variance will terminate if
any of the interim deadlines listed below are not met.
2.
Effluent limitations during variance period:
a.
For flows from zero to 1.0 million gallons per
day, the final effluent limitations
for the City
of Flora’s Sewage Treatment Plant Outfall
(Discharge
001) shall
be
10 mg/i BODç,
12 mg/i
TSS,
400/100 ml fecal coliform and
25 mg/i Ammonia
Nitrogen.
b.
For flows from 1.0 million gallons per day
to 1.9
million gallons per day,
the final effluent
limitations
for the City of Flora’s Sewage
Treatment Plant Outfall
(Discharge 001)
shall be
30 mg/i BODç,
36 mg/i TSS,
25 mg/i Ammonia
Nitrogen wiEh no limit for fecal coliform when
this level
of flow does not receive tertiary
treatment.
c.
For flows
in excess of 1.9 million gallons per
day, the City of Flora
shall provide bar screen
and grit removal for excess
flows discharged
through Discharge 002.
3.
The City of Flora
shall submit
its final plans and
specifications to the Illinois Environmental Protection
Agency by September
1,
1986.
4.
The City of Flora
shall disconnect all downspouts and
footing tiles from the sewer system by November
30,
1986.
5.
The City of Flora
shall construct the necessary
improvements to its wastewater treatment plant pursuant
to the interim deadlines appearing
in Section X and
Section Xl
of
its Municipal Compliance Plan which
is
hereby incorporated by reference.
6.
Within 45 days of the date of this Order,
the City of
Flora
shall execute and send
to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Churchill Road
Springfield, Illinois 62706
a certificate of acceptance of this variance by which
it agrees
to be bound
by its terms and conditions.
—7—
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:
CERTIFICATION
The City of Flora hereby accepts and agrees
to be bound by
all
terms and conditions of the Order of the Illinois Pollution
Control Board
in PCB 85—128,
dated February 6, 1986.
City of Flora
By: Authorized Agent
Title
Date
IT
IS SO ORDERED.
Board Member
B.
Forcade dissented.
Board Member
3. Marlin concurred.
Board Member
R.
Flemal abstained.
I,
Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
______________
day of
____________,
1986 by a vote
Iliino
Control Board