ILLIt~OISPOLLUTION CONTROL BOARD
    March 21, 1984
    THE METROPOLITAN SANITARY DISTRICT
    )
    OF GREATER CHICAGO,
    Petitioner,
    v.
    )
    PCB 84—16
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes before the Board upon a February 9, 1984
    petition for variance filed by The Metropolitan Sanitary District
    of Greater Chicago
    (“Sanitary District”).
    The petition seeks a
    variance from the effluent standard for fecal coliform in 35
    Iii.
    Adm. Code 302.406 and the water quality standards of 304.121.
    The variance would apply to the Sanitary District’s Calumet,
    Northside, West—Southwest and Lemont sewage treatment plants.
    Each of these plants discharge into secondary contact waters and
    each is equipped with chlorination facilities.
    On March 15,
    1984
    the Sanitary District filed
    a motion to expedite Board decision
    on the grounds that contractual commitments would be required to
    be made on March 22,
    1984.
    That motion is hereby granted.
    HISTORY
    Calumet Plant
    The Calurnet Sewage Treatment Works is located at 400
    E.
    130th
    Street, Chicago,
    Illinois and discharges 220 MGD to the
    Little Calumet River,
    This plant has been operating without
    chlorinating its effluent since the Board
    issued a variance on
    July 14,
    1983
    (PCB 83-72).
    The variance was for the period from
    August
    1,
    1983 to March 31,
    1984g.
    In this petition, the Sanitary District requests a variance
    covering the period from April
    1,
    1984 to December 31,
    1984.
    During 1981 when the rule changes in R 77—12, Docket
    D, were
    pending in the Illinois Pollution Control Board, the Calumet
    Sewage Treatment Works was approved by the United States Environ-
    mental Protection Agency and the Illinois Environmental Protection
    Agency for a
    180 million dollar expansion program under Contract
    77—284--2P and other related contracts.
    During this project the
    regular chlorination units will have to be taken out of service
    57-227

    2
    for approximately 100 days.
    Temporary arrangements for chlorin-
    ation will have to be made during the interim unless a variance
    is granted. The contract for the work provides that the contractor
    is to provide interim chlorination if necessary.
    The contract
    price is to be reduced by $8,400 per day if chlorination is not
    required. This could amount to as much as $840,000 over 100 days
    (PCB 83—72).
    In July,
    1983,
    the Sanitary District notified the contractor
    that the Board had granted the variance and directed the contractor
    to submit the date when the bypass of the chlorine contact tank
    would begin.
    At the time of the filing of this petition the
    contractor had not yet begun the initial bypass (Pet.
    p.
    5).
    West—Southwest Plant
    The West—Southwest Sewage Treatment Works is located at 5901
    W. Pershing Road,
    Stickney, Illinois.
    The plant has a design
    capacity of 1,200 MGD and discharges into the secondary contact
    waters of the Chicago Sanitary and Ship Canal.
    In this petition,
    the Sanitary District requests a variance covering the period
    from April
    1,
    1984 to December 31, 1984.
    By a letter dated January 20,
    1984, K.A. Steel advised the
    District that it would be removing a tank leased to MSD for the
    storage of sodium hypochiorite at the West—Southwest STW.
    The
    letter advised that K,A, Steel had other requirements for that
    tank and would remove it during the last week of January,
    1984.
    The tank in question had been utilized by the contractor and the
    Sanitary District for the storage of chemicals necessary to
    chlorinate the effluent discharge from the treatment works,
    On
    January 30, 1984,
    K.A,
    Steel removed the tank,
    forcing the Sanitary
    District to use another tank on that location for emergency
    storage of sodium hypochlorite
    (Pet.
    p.
    6).
    Lemont Plant
    The Lemont Sewage Treatment Works is located at 13 River
    Street,
    Lemont, Illinois,
    The plant has a design capacity of 1,6
    MGD and discharges into the secondary contact waters of the
    Chicago Sanitary and Ship Canal,
    In this petition, the Sanitary
    District requests a variance covering the period from April
    1,
    1984 to December 31,
    1984
    (Pet.
    p. 7).
    Northside Plant
    The Northside Sewage Treatment Works is located at 3500 West
    Howard Street,
    Skokie,
    Illinois,
    The plant has a design capacity
    of 333 MGD and discharges into the secondary contact waters of
    the North Shore Channel,
    In this petition, the Sanitary District
    requests a variance covering the period from April
    1,
    1984 to
    December 31,
    1984
    (Pet,
    p. 7),
    57-228

    3
    FACTS
    This variance request is unique because of the appeal status
    of the Board’s effluent and water quality regulations pertaining
    to fecal coliform.
    Prior to November of 1982,
    35
    111. Mm.
    Code
    304.121 limited effluent fecal coliform to 400 per 100 ml.
    Further, those effluents could not cause or contribute to viola-
    tion of the secondary contact and indigenous aquatic
    life water
    quality standard of Section 302.406.
    In R 77—12, Docket D,
    October 14,
    1982,
    6 Ill.
    Reg.
    13750,
    November
    4,
    1982,
    the Board
    revised fecal coliform regulations, deleting the secondary contact
    fecal coliform watcr quality standard and modifying the effluent
    standard.
    On November 16,
    1982 the Attorney General of Illinois
    filed an appeal
    in the First District Court of Appeals,
    People v.
    Illinois Pollution Control Board,
    456 N.E.
    2d
    909.
    At the Attorney
    General’s request the First District issued a stay of the Board’s
    Order on February
    1,
    1983.
    On November 15,
    1983, the First
    District rendered its decision, affirming in part, reversing in
    part the Board’s Order.
    On January 31,
    1984, the Illinois Supreme
    Court granted the Illinois
    Environmental Protection Agency
    (“Agency”)
    leave to appeal, which stays entry of the mandate of
    the First District.
    Thus, the First District’s February
    1,
    1983
    stay order remains in effect as do the Board’s old fecal coliform
    regulations.
    In R 77—12, Docket D the Board deleted the fecal coliform
    water quality standard for secondary contact and indigenous
    aquatic life waters.~ The First District affirmed that action:
    “The only waters
    in Illinois designated by the
    Board as ‘secondary contact and indigenous aquatic
    life waters~are those waters into which the Metro-
    politan Sanitary District discharges its effluents.
    (35 Ill.
    Adm. Code sec.
    303.441,)
    The Attorney
    General does not dispute this designation.
    In
    secondary contact waters,
    7contact with the water
    is
    either incidental or accidental and
    ***
    the proba-
    bility of ingesting appreciable quantities of waters
    is minimal,
    ~
    (35
    Iii. Mm. Code sec. 301.380.)
    The Attorney General has not argued and we find no
    evidence in this record that the deletion of fecal
    coliforrn as a water quality standard for secondary
    use will affect the purposes for which secondary
    waters are used.
    Consequently we find no error in
    that portion of the Board’s order which repealed
    section 302.406,
    the fecal coliform indicator for
    secondary contact and indigenous aquatic life waters.
    As a result of this conclusion, disinfection of fecal
    coliform bacteria will no longer be required of
    secondary contact and indigenous aquatic life waters.”
    Supra, at 912—913.
    57-229

    4
    That portion of the First District’s decision which affirmed
    deletion of the secondary contact fecal coliform standard has not
    been challenged in the Supreme Court.
    However, that standard
    remains in effect as a result of the stay,
    The First District
    reversed the Board’s decision to modify the fecal coliform effluent
    standard of Section 304.121.
    ENVI RONMENTAL
    CONS EQU ENC ES
    To
    support
    its
    variance
    petition,
    the
    Sanitary
    District
    prepared a report on fecal coliform densities downstream of the
    discharges from the four facilities subject to this variance
    (Ex.
    1).
    That report compared fecal coliform densities when all four
    plants were chlorinating with periods when three were chlorinating
    but Calumet was not.
    That report,
    and an additional report
    prepared by Dr. Charles
    N.
    Haas of the Illinois Institute of
    Technology
    (Ex.
    2) conclude there is no statistically significant
    difference
    in downstream fecal coliform values, with or without
    chlorinating
    except
    in
    the
    immediate
    proximity
    of
    the
    discharge.
    Additionally, there was testimony that residual chlorine may harm
    downstream aquatic
    life,
    HARDSHIP
    In
    the
    absence
    of
    a
    variance
    the
    Sanitary
    District
    must
    contract
    not
    later
    than
    March
    31,
    1984
    for
    additional
    chlorination
    supplies estimated to cost $1.6 million
    (Pet, ¶ 7),
    Additionally.
    the Calumet plant is undergoing expansion which requires bypassinn
    the chlorine contact tank
    (Pet.
    p.
    8,
    ¶ d)
    and the West—Southwest
    plant has been forced to replace
    a leased sodium hypochiorite
    storage tank with an emergency storage tank
    (Pet.
    p.
    6,
    ¶ c),
    These alterations in the chlorination process may present hazards
    to contractors and employees that would be eliminated or minimized
    by this variance.
    CONCLUSION
    Due to judicial approval of the concept of deleting chior—
    ination for secondary contact waters,
    the weight of evidence
    showing no downstream increase in fecal coliform, and the financia~
    and safety hardship from continued chlorination the Board
    finds
    that the denial of variance would impose an arbitrary or unrea-
    sonable hardship.
    The Board will grant the
    9 month variance
    requested by the petitioner, on the assumption that the additional
    year variance recommended by the Agency is merely a typographical
    error.
    The Board notes,
    however, that this variance may not have
    been needed if the Sanitary District had moved the Supreme Court
    to modify the First District’s stay order for those issues not
    being challenged in the Supreme Court.
    57-230

    5
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Metropolitan Sanitary District of Greater Chicago is
    hereby granted a variance from 35
    Ill. Adm, Code 302.406 and
    304.121,
    subject to the following conditions:
    1.
    The variance shall expire on December 31,
    1984.
    2.
    The variance shall apply only to sewage t~eaLmenLplant
    discharges from the Calumet,
    Northside, West—Southwest and Lemont
    sewage treatment plants.
    3.
    During the period of this variance, Petitioner shall
    conduct water quality monitoring
    to determine the impact of the
    cessation of chlorination, specifically including monitoring at
    Locport and Morris three
    times per week,
    4.
    Petitioner shall make the results
    of all sampling
    available to the Agency.
    5.
    Within
    45 days of the date of this Order,
    The Metro-
    politan Sanitary District of Greater Chicago shall
    execute a
    Certificate of Acceptance and Agreement to be bound to all terms
    and conditions of the variance.
    Said Certification shall be
    submitted to
    the Agency at 2200 Churchill Road,
    Springfield,
    Illinois
    62706.
    The forty—five day period shall be held in
    abeyance during any period that this matter is being appealed
    The form of the certificate shall
    he
    as follows:
    CERTIFICATE
    I,
    (We), _________________________,
    having read the
    Order of the Illinois Pollution Control Board
    in PCB 84—16, dated
    March 21,
    1984, understand and accept said Order, realizing that
    such acceptance renders all terms and conditions thereto binding
    and enforceable.
    Petitioner
    Authorized Agent
    Title
    57-231

    6
    Date
    IT
    IS
    SO
    ORDERED.
    Board
    Chairman
    J,D. Dumelle concurred.
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    was adopted on the
    LI~
    day of
    _________
    ___,
    1984 by a vote of
    ,
    J~i~J~rn
    ~
    Christan
    L.
    Mo~f~1t,
    Clerk
    Illinois
    Pollution
    Control
    Board
    57-232

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