ILLINOIS POLLUTION CONTROL BOARD

March 27, 1986

IN THE MATTER OF:

PETITION FOR SITE SPECIFIC

)

R82—7

RELIEF BY THE CITY OF ALTON

PROPOSED RULE.

SECOND NOTICE.

ORDER OF THE BOARD

(by J. Marlin):

On May 16,

1985,

the Board ordered the proposed rule to

a

first notice public comment period.

The proposed rule was

published

in the Illinois Register at

9

Ill, Reg.

8392 on June

7,

1985, which commenced

the 45 day comment period.

The proponent,

City of Alton

(City),

requested by letter

an extension

for

it to

submit

its comments and did submit them on August

22, 1985.

The City agrees with

the first notice proposed rule except

for Section 304,210(a)(2) and

(b)(l).

Subsection

(a)(2)

requires

that the City comply with Sections 304.106,

304.120, 304.121 and

304.124

below the

25 year

flood

stage.

The City requests

a

change

to below

a river stage of

420.

Subsection

(b)(l)

requires

that all outlets be operational during Mississippi River

flood

stages up

to and including the

25 year flood

stage.

The City

proposes

to meet less than the

25 year flood stage at certain CSO

outlets and has listed each outlet and the river

stage up to

which

it will

be protected.

The City claims that to meet

the 25 year flood stage

as the

Illinois Environmental Protection Agency (Agency) suggests would

be technically infeasible because

the City

is not protected from

the flood waters upstream of Langdon Street.

Flooding of

a

significant portion of the city near the Piasa—State Street

outlets currently occurs

at the

25 year flood stage.

The City

states “given

that surface flooding occurs

and that the

interceptor

system transports

flows from this unprotected area

to

the treatment plant which

is protected

by Levee,

the

interceptor

must be closed during flood stages.”

(Alton Comments at 1).

The Agency on October

29, 1985 filed

a letter which stated:

After

receipt

of

Petitioner’s

response

to

the

First

Notice,

the

Agency

personnel

involved

had

a

meeting

with

the

City’s

engineers

in

an

effort

to

devise

an

alternate

solution

that

might

be

acceptable

to

all

parties

and

consistent

with

USEPA

regulations.

Discussions

are

continuing

and

at

the

earliest

opportunity information will

be submitted

to supplement

the record.

However,

the negotiations have ended without result

and the Board

has received no more

information.

---

2

The Board notes

that the Agency has

issued a permit

concerning

relocation of the Piasa—State Street intercepting

facilities designed around protection of the

interceptor by

protecting the outlet

to elevation 420 rather than the 25 year

flood stage.

(IEPA Permit 1985—HB—152l, January 16,

1985).

Attachment A to the City’s Comments shows the Army Corps.

of

Engineers plans

for the Piasa—State Street outlet.

The outlet

will be separated

into two separate outlets

——

the Piasa outlet

at river mile 203.12 and the State Street outlet

at river mile

203.22.

The Board construes the permitting action and the Agency’s

suggestion that the City protect to the 25 year flood

stage

as

being wholly inconsistent.

The Board will,

therefore, modify the

rule as proposed

at first notice

in accordance with the City’s

petition.

Section 100.400(b)

of Title

1 of the Illinois Administrative

Code provides

in pertinent part:

b)

No more than one year may elapse from the date

the

proposed

rule

appeared

in

the

Illinois

Register

until

the

date

the

rule

is

adopted.

Should

more

than

one

year

elapse,

such

rule

shall

not

be

adopted

or

filed

with

the

Administrative Code Unit.

Unless

a final rule

is adopted by June

7

1986,

the proposed rule

must

be re—noticed.

By adopting a Second Notice Order

today,

the

Board

is hopeful that

the Joint Committee on Administrative Rules

(JCAR) will consider this matter

at

its April 1986 meeting.

Assuming

no objection by JCAR,

this matter would proceed

to

decision within the one year time period consistent with Section

100.400(b).

Therefore,

the Board directs that second notice

of the

following proposed rule be submitted to

JCAR:

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WATER POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 304

EFFLUENT STANDARDS

SUBPART

B:

SITE SPECIFIC RULES

AND

EXCEPTIONS NOT OF GENERAL APPLICABILITY

Section 304.210

Alton Combined Sewer Overflow (CSO)

and

Wastewater Treatment Plant Discharges

---

3

This Section applies

to the CSO’s

and the existing wastewater

treatment plant of Alton, Illinois.

a)

The discharge from the Piasa—State Street Sewer, defined

as being

at Mississippi River mile 202.64, shall

not be

subject

to the provisions

of Sections 304.106,

304.120,

304.121 and 304.124 during the following conditions:

1)

Prior

to replacement

of the existing Locks

and Dam

26, when

the tailwater elevation exceeds 415.3,

or

2)

After replacement of Locks and Dam 26,

when the

pool level exceeds elevation 420 at Mississippi

River miles

203.12

and 203.22 (Piasa

and State

Street Outlets relocated).

b)

Discharges from the City of Alton at Mississippi River

miles 201.66

(Shields Valley), 202.24

(Central Avenue),

203.12

(Piasa Outlet),

203.22

(State Street Outlet),

203.61

(Summit Street),

203.87

(Bluff Street)

and 204.30

(Turner Tract),

shall

be subject to the following

conditions:

1)

The overflow structures

and

the associated

interceptor

sewer shall

be protected against

intrusion by flood waters and be maintained

operational

at flood stages from Mississippi River

backflow for

a 25—year Mississippi River

flood

stage, except as follows:

Overflow Structure

River Mile

Protection Level

Mean Sea Level

(MSL)

(River Stage)

Piasa Outlet

Street Outlet

203.12

203.22

203.61

203.87

204.30

420.0

420.0

427.0

427,6

427.6

MSL

MSL

MSL

MSL

MSL

State

Summit Street

Bluff Street

Turner Tract

2)

The City

of Alton

shall achieve and maintain

maximum transport capability of the south

side

interceptor sewer

system;

and

3)

The south side interceptor pump station shall

be

upgraded

to

a design capacity of 13.7 million

gallons per day MGD.

C)

The discharge from the City of Alton’s sewage treatment

works outfall

001 sewer

located on Wood River

Creek,

approximately 1,000 feet from

its confluence with the

Mississippi River,

shall not be subject to Section

304.120(c)

but

to the following:

shall not exceed

20

milligrams per liter BOD and

25 milligrams per liter

---

4

suspended solids.

Compliance shall

be determined

consistent with Section 304.120(e).

IT

IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk of

the Illinois Pollution Control

Board,

hereby certify that the above Second Notice Order was

adopted on the

~

day of

74~-t~c4~

,

1986, by

a vote

of

/~o

.

Dorothy M.

q~unn, Clerk

Illinois Pollution Control Board