ILLINOIS POLLUTION CONTROL BOARD
    February 6,
    1986
    THE CITY OF HERRIN,
    Petitioner,
    v.
    )
    PCB 85—147
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J. Marlin):
    This matter comes before
    the Board upon the October
    7, 1985
    filing
    of
    a variance petition by the City of Herrin
    (City)
    requesting
    a two and one half year variance from 35
    Ill.
    Adm.
    Code 309.241
    to permit a sewer extension
    to
    83 homes
    in the
    Sunnyside subdivision.
    The Board on October
    10,
    1985 found the
    petition deficient and ordered that more information be
    submitted.
    The City filed
    an amended petition on November 20,
    1985.
    The Illinois Environmental Protection Agency (Agency)
    requested more information on October
    29,
    1985 which was received
    from
    the City on December 12,
    1985.
    The Agency filed
    its
    recommendation to grant on January 14,
    1986 twenty-one days late,
    which the Board accepted
    on January 23,
    1986.
    Hearing was waived
    by the City and none was held.
    On or about July 25,
    1980 the City’s wastewater treatment
    plant
    (WWTP) was placed on restricted status
    for exceeding
    effluent limitations.
    The City requests
    a variance
    to allow not
    only the sewer
    extension to the homes, but to allow subsequent
    connection of the 83 homes
    in Sunnyside
    1st,
    2nd, and 3rd
    Additions which have failing septic systems (Amended Pet.
    at
    1)
    as
    identified by maps appended
    to
    the original petition.
    The
    City would like to connect
    15 additional homes to the proposed
    extension.
    These
    15 homes currently have functioning
    septic
    systems.
    In all,
    98 homes would add 24,200 GPD
    (0.024 MGD)
    of
    wastewater
    to
    the WWTP influent.
    If one assumes that the water
    saving devices
    for new connections ordered by the Board
    in
    a
    prior proceeding
    and required by the City via ordinance are
    effective,
    the wastwater
    input of the 98 homes would amount to
    17,600 GPD (0.017 MGD).
    The Franklin and Williamson Bi—County Health Department,
    based on its own survey, has concluded that
    a very “unhealthy
    situation” exists
    in
    the area.
    A total
    of 66 of
    the
    98 homes
    were surveyed.
    Of the 66 homes,
    56 discharged untreated
    wastewater
    to drainage ditches while others experienced sewage
    seeping
    to the ground surface (May 23,
    1985 Health Dept.
    letter).
    Addition of this ‘area’s wastewater
    to the WWTP is
    2
    estimated
    to
    increase the influent BOD/TSS by 4 mg/i and
    2 mg/i,
    respectively, and the effluent BOD by
    1.5 mg/i
    (Attach. A to
    Agency Rec.).
    The Board notes that
    if this representation is
    true,
    the current influent
    to the WWTP must contain a very low
    BOD loading.
    The City’s WWTP, owned
    and operated
    by the City,
    consists of
    an aerated grit chamber,
    comminutor, dual primary clarifiers,
    trickling filter, dual secondary ciarifiers, anaerobic digestion
    and effluent chlorination.
    The plant has a design average flow
    of 1.2 million gallons per day
    (MGD)
    and discharges
    to
    an unnamed
    tributary of Hurricane Creek,
    a tributary to the Big Muddy River.
    The Agency states that the WWTP was built
    in
    the
    1930’s.
    The Board
    takes notice of
    its Opinion
    in City
    of Herrin, et ai
    V.
    IEPA
    (PCB 83—169 April
    5, 1984) wherein it
    is stated that the
    WWTP
    was constructed
    in 1950 while the sewer system was built
    in
    1938 and modified
    in 1964.
    The City’s WWTP currently discharges pursuant
    to NPDES
    Permit No.
    IL0029i65.
    Interim limits, effective until July
    1,
    1988 are
    20 mg/l BOD,
    30 day average, 45 mg/i TSS
    30 day average,
    allowable pH of 6—9,
    0.75 mg/i chlorine residual, and
    a daily
    maximum of 400 fecal coliform per
    100 ml.
    The current average
    values
    for these effluent parameters
    are 16 mg/i BOD,
    35 mg/i
    TSS,
    7.2 pH, and 0.3 mg/i chlorine residual
    (Petition
    at
    2).
    The
    WWTP is meeting the interim limits.
    On July 1,
    1988 the final
    effluent limits of
    10 mg/i BOD,
    12
    mg/i TSS, allowable pH of 6—9,
    0.75 mg/i chlorine residual,
    400
    fecal
    coliform per
    100 ml will take effect
    as will the ammonia
    nitrogen limits
    of 1.5 mg/i during April through October
    and 4.0
    mg/i during November
    through March.
    The City plans to come into compliance
    by major
    renovations
    and additions
    to
    its WWTP,
    including primary settling tanks,
    trickling filters,
    final settling tanks, and effluent
    chlorination facilities.
    The plan also includes effluent pumping
    facilities and
    a forcemain to pump the effluent
    to the new
    discharge point,
    the Big Muddy River.
    The City would
    then have
    to meet 20/25 mg/i BOD and TSS effluent limits,
    respectively,
    rather than the “final” 10/12.
    The City has committed
    itself through its revised Municipal
    Compliance Plan
    to
    the following schedule
    in which the Agency concurs:
    Complete design
    May 1986
    Secure financing
    August 1986
    Start Construction
    November 1986
    Complete Construction
    April
    1988
    Complete Start—Up
    May 1988
    The capital
    cost for compliance will be about $4,035,000 with
    annual operating and maintenance costs
    of $280,000.
    3
    The present situation
    is unacceptable.
    Untreated sewage
    is
    being discharged
    to ditches
    in a residential area and spread by
    wet weather
    flow.
    The Agency recommends
    the grant of variance
    to allow immediate connection of only 83 of the
    98 homes.
    In
    addition,
    the Agency suggests connection of one or more of the
    other
    15 homes (identified in the petition as currently having
    effective sewer
    systems) upon City certification to
    the Agency
    that the sewer systems at one or more of these homes has
    subsequently failed.
    The Board believes that
    the sewage from
    the 15 homes would have minor
    impact on the WWTP,
    even when
    combined with that of the 83 homes.
    Any grant of variance
    should allow for the connection of all
    98 homes.
    To wait for
    septic system failure
    at the
    15 homes would be
    to allow future
    health problems.
    However, upon grant of variance, the City
    should consider phasing
    in connections to these
    15 homes to
    minimize any impact on the WWTP
    or environment.
    The grant
    of variance would
    allow the removal
    of the
    untreated sewage
    to the WWTP.
    Sending the sewage from the homes
    to the WWTP for at least partial treatment would eliminate
    an
    unhealthy situation.
    The expected minimal negative
    impact on
    the wWTP is preferable
    to
    the status
    quo.
    As
    an alternative
    to
    a sewer extension,
    individual
    homeowners would need to replace their own septic systems at
    a
    cost between $3,500
    —
    $5,000 each which includes
    a sand filter
    system with chlorination and an effluent pump (Pet.
    at 8).
    The
    figure does not
    include necessary area drainage ditch
    modification.
    The overall
    cost to citizens would
    be $286,350
    to
    $419,150 while the City proposal
    for extension
    is $349,700.
    Because the amounts are comparable and the City received
    a grant
    from the Illinois Department of Commerce and Community Affairs
    in
    the
    amount of $200,000,
    the City decided
    to pursue
    this
    variance proceeding.
    While
    the City does not say in
    so many
    words that
    it
    or the homeowners would
    suffer
    an arbitrary or
    unreasonable hardship were the variance denied,
    it does
    in
    substance offer
    like reasons:
    1)
    grant
    of variance would eliminate
    a health hazard
    (Pet.
    at 9);
    2)
    denial of variance would
    cause
    the loss of the $200,000
    grant
    (Id.);
    and
    3)
    any negative effect
    the added wastewater would have on
    the wwTp is minimal and would be only for the short
    term of the variance
    (Pet.
    at
    6).
    Therefore,
    the Board
    finds that immediate compliance with
    35 Iii. Adm.
    Code 309.241 would impose an arbitrary or
    unreasonable hardship.
    The Board hereby” grants the City
    a
    variance from 35
    Ill.
    Adm. Code 309.241 subject
    to conditions,
    none of which have been obj’ected to.
    The period of variance
    4
    will expire on February
    6,
    1991 or upon
    a release from
    restricted status, whichever
    is first.
    This concludes the Board’s findings of fact and c~onciusions
    of law in this matter.
    ORDER
    The City of Herrin
    is granted
    a variance from 35 Ill.
    Adm.
    Code 309.241
    to allow the Agency to issue construction and
    operating permits for the extension of
    a sanitary sewer
    to the
    area known as Sunnyside 1st, 2nd,
    and 3rd Additions, subject to
    the
    following conditions:
    1.
    This variance shall begin on the date of this Order
    and
    expire February
    6, 1991 or upon the City obtaining
    a
    release from Restricted Status, whichever occurs
    first.
    2.
    This variance applies
    to the extension of a sewer main
    to
    the Surinyside area to which
    the City may allow the
    connection of the 98
    housing units identified
    in
    Attachment A to the Agency Recommendation.
    3.
    The City agrees not to make
    a service connection or
    offer
    to make
    a service connection
    to any land
    presently vacant in the Sunnyside area.
    4.
    During
    the
    term of this variance
    the City shall operate
    its wastewater
    treatment plant as optimally as possible
    so
    as to minimize any adverse environmental
    impact.
    5.
    The City shall
    implement its Municipal Compliance Plan
    according
    to
    the following schedule:
    Complete Design
    5/86
    Secure Financing
    8/86
    Start Construction
    11/86
    Complete Construction
    4/88
    Complete Start—Up
    5/88
    6.
    The City shall execute and forward
    to James
    C.
    Frost,
    Illinois Environmental Protection Agency, Compliance
    Assurance Section,
    Division of Water Pollution Control,
    2200 Churchill Road,
    Springfield, Illinois 62706,
    and
    to the Pollution Control Board within twenty—eight days
    after
    the date of the Board Order herein a Certificate
    of Acceptance
    and Agreement to be bound
    to all the
    terms
    and conditions of this Variance,
    the form of said
    Certificate
    to be as
    follows:
    CERTIFICATION
    Petitioner,
    the City of Herrin,
    an Illinois Municipal
    Corporation, has received and
    understands
    the Order of the
    5
    Illinois Pollution Control Board
    in PCB 85—147 and hereby
    accepts said Order and agrees to be bound
    to all of the terms
    and conditions thereof.
    _______________________
    By:
    ____________________
    Petitioner
    Authorized Agent
    Date
    Title
    IT
    IS SO ORDERED.
    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 of
    __________________.
    /
    Dorothy
    M.
    G nn, Clerk
    Illinois Pollution Control Board

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