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

    Back to top