ILLINOIS POLLUTION CONTROL BOARD

August

22, 1984

CITY OF WYOMING,

Petitioner,

V.

)

PCB 84—17

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by J.

Marlin):

This matter comes before the Board upon the filing on

February

9,

1984 of

a petition for variance from 35

Ill. Adm.

Code 309.241

by the City of

Wyoming

(City).

The

City has

been on

restricted status

since

May 26, 1971 and requests

relief

to enable it

to

connect approximately 65

remaining

homes of the

first

ward to the sanitary

sewer

system.

In

response

to a Board more

information Order

dated February 22,

1984,

the

City filed an amended petition on April

5,

1984.

The Illinois Environmental Protection Agency (Agency)

filed

an

initial recommendation to deny variance on May 14,

1984.

The

City submitted additional information to the Agency on

May 29,

1984.

In its amended recommendation of June 11,

1984

the

Agency suggested granting

the

variance subject to condi-

tions.

Two objections were received from

concerned

citizens

and a public hearing was held in

Wyoming,

Illinois on

June

13,

1984.

The City of Wyoming has a population of

1614 residents.

The City~swastewater treatment plant

(WWTP) has a design

a~rerageflow of 0.2 MGD and a 1983 average daily flow of 0.27

MCD.

Peak wet weather flow is 0.566

MGD,

Previously the City was granted variance to allow extension

of

sanitary sewer service to the first ward and connection of

a limited number of homes to the sanitary sewer

system

(30 PCB

LI, April

13,

1978, PCB 77~252). During l980—8~

the City

up-

graded the sewer lines with an Agency construction grant.

Both

the peak flow rate and the total volume of storm water to the

sanitary sewers were reduced.

Currently the WWTP is being upgraded and a trunkmain

seg-

ment is being replaced pursuant to a $1,831,990 grant from

the

USEPA through the Agency (Amend. Pet,, Attach.

B).

The WWTP

will include tertiary filtration

and aerobic sludge treatment.

59~409

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2

Another grant project is being financed by the U.S~Department

of Housing and Urban Development

(MUD) through the Illinois

Department of Commerce and Comm~

~

Affairs

(DCCA).

This $390,000

grant provides for the connection of 65 residences to

the City~s

sanitary sewer system (Amend. Pet., Attach.

B).

The City~s

share of the project is $727,663 which was financed by general

obligation and revenue bonds.!’

The grant application was submitted

on May

2, 1983 and approved on August 15, 1983 by DCCA.

The

grant expires

on August 31,

1984

(Amend,

Pet.,

Attach.

B,

C,

D)

but a grant extension may be possible

(Agency Rec. at 6).

The City requests a variance so it may connect the remaining

65 resid.ences of the first ward to the sanitary sewer system.

The connecticns will add 228 population equivalents or 22,800

gallons per day (0.0228 MCD) to

the WWTP (Amend.

Pet. at 3).

Currently these

residences

in the northern part of the City

use individual septic systems.

The Illinois Department of Public

Health has determined that a health hazard

exists

because of

sewage discharges to storm sewers and open ditches

(Amend. Pet.,

Attach.

F).

Residences to the south

of those waiting

to be connected

are

experiencing basement back—ups during

high

wet weather

flow.

The

Board notes that this also

is

a health hazard.

The 15 inch

diameter trunkmain segment from the WWTP to manhole

#4

is inadequate

f

or

the

flow and limits the transport capacity of the trunkmain.

Basement back~upsoriginate from approximately manhole

#4

and

move

north

along

the

trunkmain.

A 24 inch diameter segment

is to replace

the

15

inch diameter segment and thus relieve

and hopefully eliminate the back~upproblems.

Transport capacity

is also limited between manhole

#15 and #l6A but may not contribute

to basement back-ups.

If

back~upspersist after the trunkmain

replacement

between the WWTP and manhole

#4,

this second drea

will have to be corrected.

Petitioner must show that compliance with the Board~srules

and regulations would impose an arbitrary or unLeasonable hardship.

Ill. Rev. Sta~,1983,

ch. 111½, par.

1035.

The City asserts

that it would lose the $390,000 in grant money from DCCA and

that it would have to construct the sewers at its own expense

if the variance were denied. However,

it appears that an extension

of the grant period could be obtained (Agency Rec. at 6).

Even

if the extension was denied and the grant project not completed

on time,

the loss of grant money would be limited to the cost

of design

(Agency Rec, at

3

).

The City has been on restricted status since 1971.

All

liabilities have accrued subsequent to imposition of restricted

status.

To the extent there

is

any economic hardship, it is

1/

The grant application provides that the City~sshare

is $727,663

(Attach,

B) while DCCA~sletter provides the figure

of $727,633

(Attach. H—I).

59~410

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3

self—imposed.

However, completion of the total program could

provide a solution to a problem that has plagued the City for

over a decade, thereby eliminating one health hazard and greatly

reducing another.

The Board does not agree with the City~s

statement that “the positive aspect of relieving the first ward

residents of

a health hazard greatly offset the few basement

backups”

(Amend.

Pet. at 4).

The residents experiencing basement

back-ups should not be forced to bear increased back—ups due

to the 65 connections.

The sewer connections should eliminate

the health hazard associated with septic systems while the trunkmain

upgrading should greatly reduce the health hazard of basement

hack-ups

(Agency Amend.

Rec. at

3).

To ensure that basement

back—ups are not worsened, the Board will impose as a condition

of the variance that the trunkmain upgrading is in fact accomplished

before any connections are allowed.

Presently the trunkmain

is scheduled for completion in December,

1984.

The City may

be able to move that date

up.

By using this approach there

should be little additional adverse environmental impact.

A

further condition will require the City to study whether basement

back-ups continue after the trunkmain upgrading and take steps

to

eliminate them.

Furthermore, the Board is aware that simple, inexpensive

water conservation practices and devices can be of great use

to

cities with sewer and WWTP problems.

Reducing residential

and commercial water consumption can significantly reduce pres-

sure

on

treatment plants.

While in this case the Board

will

not order the installation of water conservation measures, the

City will be required to obtain free information on the subject

for

its officials.

Any decision to promote, encourage,

or

require

such devices will be left to the City.

Any economic hardship in this case is clearly self—imposed.

However,

the hardship situation resulting from the septic systems

and

basement back-ups poses a threat

to

the public health and

welfare.

These problems can be corrected or improved by sewer

connections and trunkmain expansion.

The Board holds that the

denial

of the variance, which would delay this project until

the WWTP is

removed from restricted

status, would impose an

arbitrary or

unreasonable

hardship

on the

City

of Wyoming.

The City of Wyo~ingis granted a variance from 35

Ill.

Adm. Code

309.241 subject to the conditions below.

This

Opinion constitutes the Board~sfindings of fact

and

conclusions of

59~41i

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4

The City of Wyoming,

Illinois is hereby granted a variance

until July 1,

1987 from 35

111. Adm. Code 309.241 subject to

the following conditions:

1.

The

15 inch diameter trunkmain segment shall be replaced

by a 24 inch diameter trunkmain segment between the wastewater

treatment plant and manhole #4 before any connections to the

sanitary sewer system are allowed,

2.

No more than 70 homes shall be connected to the sanitary

sewer extension until the WWTP is removed from restricted

status,

3.

Petitioner shall, by July 1,

1985, perform a study

to determine whether basement back—ups caused by sewer

surcharging have continued beyond the completion date of the

trunkmain upgrading and,

if

so, describe the measures to be

taken to eliminate those basement back-ups.

Measures to be

considered include,

but are not limited to,

installation of

water saving devices, control

of

infiltration/inflow,

and construction

of relief

sewers.

A copy

of

this report shall be provided on

or before July

10,

1985 to the following:

Illinois Environmental

Protection Agency, Division

of

Water Pollution Control, 2200

Churchill Road, Springfield,

Illinois

62706.

4.

The City shall provide information on water conservation

to each elected city official, to appointed department heads, to

the officials in charge of the wastewater treatment plant and

water treatment

plant and to the local media outlets,

Free

~Water Conservation Packets~may be obtained from:

Mark Enstrom,

Illinois Department of Commerce and Community Affairs, 630

E.

Adams,

5th Floor,

Springfield,

IL

62701;

(217) 785—6158.

5.

Petitioner

shall complete any and all measures deemed

necessary to eliminate basement back-ups caused by sewer surcharging,

based upon its study,

on

or before July 1,

1987, at which ~time

this variance expires.

6.

vjithin forty-five days of the date of this Order,

Petitioner shall execute and forward to the Illinois Environmental

Protection Agency, Compliance

Assurance Unit, Water Pollution

Control Division, 2200 Churchill Road,

Springfield, Illinois

62706,

a Certificate of Acceptance and Agreement to he bound

to all terms and conditions of this variance,

This forty—five

day period shall

be

held in abeyance for any period during which

this matter is being appealed.

The

form

of the certificate

shall be as follows:

59~412

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5

CERTIFICATE

I,

(We)

__________

,

having read the

Order of the Illinois Pollution Control Board in PCB 84-17,

dated

______

,

understand and accept the said Order,

realizing that such acceptance renders

all terms and conditions

thereto binding and enforceable.

By:

Authorized

Agent

Date

Title

IT IS

SO ORDERED.

I,

Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, here~1certify

that the

hove Opinion and order was adopted

on the

~

day of

___,

1984 by a vote of

____________

b~~Ehy~M7~inn,

Clerk

Illinois pollution Control Board