ILLINOIS POLLUTION CONTROL

BOARD

February 20, 1985

CIT?

OF

flRMZNGTON,

)

Petitioner1

)

v.

)

PCB 84—166

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

OPINION AND

~:IM~R

OF TUE

BOARD

(by

3. Marlin):

This

mat..; r comes before the Board on a petition filed

November 1, i~4by the City of Farmington

(City), seeking a one—

year variance

(extension) from the prohibition against sanitary

sewer overflows as found at 35 Ill. Ada. Code 306.103(b).

The

prior variance period expired on July 1, 1984.’ While the prior

variance was from sectiop 306.103(b), the combined sewer oterf16w

(CSO) rules were amended and renumbered on March 23,

1983.

What

was 306.103(b)

is now section 306.304.

In response to•a Board

Order dated November 8, 1984, the

city

filed an amended petition

on December 10,

1984.

The Illinois Environmental Protection

Agency (Agency) filed its recommendation on January 21, 1985

concurrent,with a rnQtiOn for the Board to allow theUate filing,

which. tte.Bpard dranted on January 24, 1985.

ThernAgenoy

r&coth~endithe’ grant

•f the variance extension subjttt ..tO

conditions.

Hearing was properly waived and none has been

held.

The background of this case is adequately set forth in the

October 6, 1983 Board Opinion and Order in PCB 83—63

(54 PCB 159)

and need not be repeated here.

The prior variance was granted to

allow the ia!tallation of three bypass overflows in the sanitary

sewer system” tar the monitoring and measurement of excess

intilttation.And inflow into the system during heavy rainfall

events.” “Because of the lack of ra&ntall of sufficient ‘intensity

and the delay in obtaining easements, from private landowners and

in consfluct$.pn of the bypasses, the City requests that the Board

extend the variance from July 1, 1984 until July

1,

1985.

The

Agency recommends ‘grant of variance until December

1,

1.985.

The Board finds that these events have been beyond the

control of the City.

Two bypasses have finally been odnsttucted

and the ‘eaiement for the third has been obtained.

The‘thgency

‘States that the City has a priority of 1,049 for funding, which

is outside the fundable range

(Ag. Rec. at 2).

There are no reasonable alternatives.

The City needs flow

data in order to design an effective sewer rehabilitation plan.

The Board finds that to deny variance in these circumstances,

especially where the environmental impact will be minimal due to

the short duration of the variance, would be to impose an

83-97

---

2

arbitrary or unreasonable hardship.

The adverse impact to the

receiving streams will be minimized because,

in the prior

variance and herein,

the City will be required to install the

bypasses at an elevation no greater than six inches below the

elevation of sewage at the point where basement backups or

manhole overflows occur,

thus, minimizing the amount of

bypassing.

Therefore,

the Board grants the City a variance from 35

Iii.

!dm.

Code 306.304.

However,

the variance will begin on November

1,

1984 given the fact that

the City filed

for extension four

months after the prior variance expired.

This constitutes the Board’s findings of fact and

conclusions of

law in this matter.

ORDER

The City of Farmington

is hereby granted variance from 35

Ill. Adm. Code 306.304 subject

to the conditions below.

1.

This variance shall begin on November

1,

1984 and shall

expire on December

1,

1985 or upon completion of the

flow monitoring study, whichever occurs

first.

2.

This variance authorizes only installation and use of

the three bypasses described

in Exhibit A to the May

5,

1983 variance petition in PCB 83—63.

3.

The City shall construct the third bypass and install

the necessary flow monitoring equipment as expeditiously

as possible.

4.

Upon expiration of this variance,

the three bypasses

will either be removed or permanently sealed.

5~ petitioner shall determine the elevation of sewage at

each of the three bypasses when basement backups or

manhole overflows occur and shall develop plans to

install the bypass no more than

6 inches below this

elevation.

The plan and any necessary permit

applications shall be submitted to the Agency for its

approval.

6.

Petitioner shall monitor and report to t~heAgency every

two months the date(s)

of each bypass event, quantity of

wastewater bypassed, and weather conditions that caused

the bypass.

These reports shall be submitted to DWPC,

Compliance Assurance Section,

at the address listed

below.

63-98

---

3

7,

Within tnir~y (30) cays of the date of this

Order,

Petitioner

shall

CXE.

ute and forward to Gary Reside,

DWPC, Compliance Assurance Section, Illinois

Environmental Protection Agency,

2200 Churchill Road,

Springfield,

Illinois,

62706,

a Certificate of

Acceptance and A0reement

to be bound to all terms and

conditions of this variance,

This thirty

(30)

day

period

shall be held

in abeyance for any

period

this

matter

is being appealed,

The form of the certificate

shall

be as follows:

I,

(We),

,

having read the

Order

of

the Illinois

Pollution C ~trcl Board

in PCB 84~l66

dated

_______________

unde~‘ard and accept the

said Order,

realizing

that

such acc~~rc~renders all terms and conditions

thereto binding

and enfor ~eable,

P~itioner

By:

Authorized

Agent

Date

Title

IT

IS

SO

ORDERED,

Board Members

J,D, DLmelie and J,T, Meyer

concurred~

I,

Dorothy

£4,

Gunn

01cr

of the Illinois Pollution Control

Board,

hereby certifi

th

I

above Opinion a~dOrder were

adopted on the

day of

~

1985

by

a vote

of

5

/

inois

Pollution

Control Board