ILLINOIS POLLUTION
 CONTROL BOARD
February
 22,
 1984
IN
 THE
 MATTER OF:
PETITION
 OF
 THE
 CITY
 OF
 LOCKPORT
 )
 R83—19
TO AMEND REGULATIONS PERTAINING
TO
 WATER POLLUTION
PROPOSED
 RULE,
 FIRST
 NOTICE.
PROPOSED OPINION OF THE BOARD
 (by W.
 J.
 Nega):
This Proposed Opinion
is
 in support of the Proposed Rule in
R83-19 which was adopted
 for first notice by the Board
on Decem-
ber 29,
 1983.
This matter comes before the Board on the City
 of Lockportts
Petition to Amend the Board~sWater Pollution Regulations
 (Pet.)
which was
 filed on September
 14,
 1983.
The City of Lockport
 (Lockport),
 which discharges
 its
final
effluent into
 a 3.7 mile
 long, man—made receiving stream known as
Deep Run Creek,
 is requesting
 the addition of a new section
designated as
 35 Ill.
 Adm. Code 304,108
 to allow a site—specific
exemption from the existing
 10 mg/i BOD~and
 12 mg/i total sus-
pended solids
 (TSS)
 effluent standards
 6f
Section 304.120(c)
 for
discharges from Lockport~ssewage treatment plant
 (STP)
 into Deep
Run Creek
 in Will County,
 Illinois
 in order to reduce the cost of
proposed improvements to its STP.
 Lockport is requesting a
 less
stringent standard of 20 mg/i BOD~and 25 mg/i of TSS to apply to
its discharges
 into Deep Run Creek.
 Additionally, Lockport
requested that the provisions
 of Section 302.206
 (General Use
Water Quality Standards for Dissolved Oxygen)
 and Section 302.212(b)
(General Use Water Quality Standards for Ammonia Nitrogen and
Un-ionized Ammonia)
 ~shall not apply to said discharge”, provided
certain conditions are met,
A hearing on the merits of this regulatory proposal was held
in Lockport,
 Illinois on November
 10,
 1983
at
which members
of
the public and the press were present.
 Eight witnesses testified
at this hearing and 18 exhibits were admitted into evidence.
 The
initial public comment period and record
 in the instant proceed—
ing closed on December 12,
 1983,
56-255
—2—
On November
 30,
 1983, Lockport filed
 a Motion for Decision
 which requested expedited consideration of
 its
 proposed
 site—
specific regulation
 to help the
city
in
 its
 attempt
 to
 obtain
 a
75
 Federal grant to fund
 improvements in its sanitary sewers and
STP.
 The Board has already complied with
 Lockport’s request for
expedited action by adopting the Proposed
 Order for first notice
on
 December 29,
 1983.
On December
 8,
 1983, Lockport filed
 its written Comment in
response to the Hearing Officer’s request
 for additional inform-
ation on
 the applicability of Federal
 regulations.
 On
 December
13,
 1983,
 the Agency filed
 its written
 Comments
 in
 support of the
requested site—specific
 amendment
 and
 suggested various changes
in
 the proponent’s proposed order,
 On
 December
 14,
 1983,
 Lock—
port
 submitted
 a
 letter
 to
 the
 Board
 which
 indicated
 that
 Lock-
port had
 “no
 major
 objection
 to
 the
 Agency’s
 proposed
 language
changes” in
 the
 suggested order,
The
 Illinois
 Department
 of
 Energy
 and
 Natural
 Resources
(DENR)
 made
 a
 finding
 that
 an
 economic
 impact
 study
 on
 the
regulatory
 proposal
 in R83—19
 is
 not
 necessary
 and
 issued
 a
“negative
 declaration”
 of
 economic
 impact.
 The
 Economic
 and
Technical
 Advisory
 Committee
 (ETAC)
 has
 concurred
 in the DENR’s
finding
 that
 no
 economic
 impact
 study
 is
 necessary.
 The
 public
hearing
 requirements
 of
 Section
 27
 of
 the
 Illinois
 Environmental
Protection
 Act
 (Act)
 being
 satisfied,
 the
 Board has adopted the
proposed
 rule for first notice.
The
 City
 of
 Lockport,
 which
 has
 a
 population
 of
 approxi-
mately
 10,000
 people,
 is
 located
 near
 the
 Chicago
 Sanitary
 and
Ship
 (S
 & 8) Canal
 on the banks
 of
 the
 Illinois
 and
 Michigan
 (I
 &
N) Canal
 in Will County,
 Illinois.
 Although
 there are separate
sanitary sewers
 in the northern and eastern portions
 of Lockport,
portions
 of the sewer system that
 serve
 as
 combined
 sewers
 in
 the
central part of Lockport were built over 100 years
 ago.
 (Pet.,
par.2).
Lockport operates a treatment
 facility
 which was built
 in
1970
 and
 has
 a
 design capacity of 2.0
 million gallons per day
(gpd).
 This
 treatment
 plant,
 which
 is
 located between the I
 & N
 Canal and
 the
 S
 & S Canal and discharges
 into Deep Run Creek,
 is
a
 contact
 stabilization
 modification
 of
 the
 activated sludge
secondary
 treatment
 process.
 Comminution,
 sewage
 pumping,
 and
aerated
 grit
 chamber,
 rectangular
 primary
 settling tanks, dif—
i~usedaeration basins,
 retangular
 final
 settling
 tanks,
 sludge
drying
 beds,
 and chlorination aerobic
 and
 anaerobic
 digestion
 are
some of the process units included in
 this
 facility.
 Deep
 Run
Creek, which drains
 a basin of
 less
 than
 I square mile between
the
 I
 & N
 Canal
 and the S
 & S Canal,
 empties
 into
 the
 the
 S
 &
 S
Canal below the Lockport locks
 (approximately
 I
 mile
 below
 the
treatment plant discharges),
 Deep
 Run
 Creek receives overflow
 from the I
 & N Canal
 at its headwaters and from the S
 &
 S Canal
56-256
—3—
via several
 infiltration points.
 flelow the Lockport treatment
plant,
 Deep Run Creek
 is inaccessible
 For
 public use and
 is
bordered
 on one side by the Santa Fe
 Railroad’s tracks and on the
other
 side
 by the
 S
 &
 S Canal embankment.
 The stream is
 about
 80
feet wide and
 1 foot deep
 downstream of the Lockport plant and
flows over
 a limestone bedrock substrate with practically no
canopy cover.
 (Pet,,
 ¶2-4).
The City of Lockport has a history
 of environmental problems
reatjnc~
 i-n
 its
 59’P,
 Tn
 1979,
 a group of
 concerned
 local resi-
dents
 filed
 a Complaint
 with the Board
 in PCB 79—28 which alleged
that Lockport’s sewer system was inadequate and
 complained about
individual problems
 with
 sewer and basement hack-ups.
 (Ex.
 2).
The Board ordered Lockport to
 “abate” pollution,
 and to proceed
with
 the
 grant process to
 upgrade
 its sewage system.
 (Citizens
Concerned for the Qualiti of Life
 in the
 Lo~pprt Area
 ~
 City of
Locku~t, PCB 79—28,
 May
 15,
 1980,
 Exhibit 2).
 Lockport subse-
quently
 issued non—referendum general obligation
 bonds to finance
the design work for improvements
 at the treatment plant and for
the sanitary
 sewers
 to
 abate
 pollution.
 (R.
 20).
On
 June 30,
 1983,
 the Board granted Lockport
 a variance
 in
PCB 83-38
 until March
 1,
 1988 from
 the water quality standards
 of
35
 Ill.
 Adm,
 Code 304,105 pertaining
 to dissolved oxygen
 (Section
302,206) and ammonia nitrogen
 (Section 302.212(h))
 subject
 to the
CC)flditiOfl
 that Lockport
 meet
 a specified compliance schedule for
completion of design work for
 treatment
 plant and sewer system
 improvements he Fore beginning actual construction by September
 1,
1984.
 (City
 of ~kort
 v.
 I.E~P.A.,
 PCB 83—48, June 30,
 1983.).
Lockport
 presently
 intends
 to
 expend $2,115,000 in basic
improvements to the treatment plant and
 $1,901,000
 in sewer
system
 improvements.
 (Pet,,
 ¶
 6).
 However,
 to comply with the
deoxygenat~ngwastes
 (10/12 mg/i;
 E3ODr/TSS)
 requirements
 of
 35
Ill..
 Adm. Code 304.120(c),
 Lockport
 mCIst expend an additional
$775,000 on a filtration
 unit,
 and
 to comply with ammonia
nitrogen discharge requirements, Lockport must expend $890,000
capital cost plus $60,000 per year
 in operating costs
 for a
nitrification
 unit,
 (R.
 109).
 Lockport believes these last two
expenditures
 will produce no measurable environmental benefit and
requests site-specific relief,
 Because the treatment needs and
environmental controls for deoxygenating wastes are separate from
those for ammonia nitrogen,
 they
 will be discussed separately.
DEOXYGENATING WASTES
Deoxygenating waste discharges by Lockport are controlled
under
 two provisions of
 35
 Iii.
 Adm.
 Code:
 Section 304.120(c)
and
 Section
 30~.206. SectLon 304.120(c)
 requires Lockport’s
e~luent
 to
 m~et a
 I0/~2
 mg/I,
 BOD5/TSS
 standard.
 Section
 303L206,
56-257
.-4—
in
 conjunction
 with
 Section 304,105, requires Lockport’s effluent
to not
 cause
 dissolved
 oxygen
 (0,0,)
 levels to fall below
 5.0
mg/i ever,
 or fall
 below
 6.0
 mg/I
 during 16 hours of any
 24
 hour
period.
 Lockport
 is not currently meeting the
 10/12 mg/i stan-
dard
 (Ex.
 10,
 p.
 69)
 and
 Deep
 Run Creek
 is not meeting the 6.0/5.0
mg/i D,O.
 minimums.
 (Ex.
 10,
 pp.
 33—35),
Despite
 the
 c.ear
 0.0.
 violations
 on Deep Run Creek,
 it does
not appear that Lockport~sdischarge contributes
 to the D.O.
violations.
 First, there are significant 0.0. violations up-
stream of Lockport’s discharge which are solely attributable to
plant/algal respiration.
 (Ex.
 10,
 p.
 32).
 Second,
 it appears
there
 is
 no measurable difference
 in 0,0.
 variation upstream of
Lockport’s discharge
 compared to two downstream sampling points.
(Ex.
 10,
 p.
 36).
 ~nd third,
 during
 periods
 of
 lowest upstream
0.0.,
 Lockport’s effluent improves the downstream D.O.
 levels.
(Ex.
 10,
 pp.
 34-35).
 Therefore,
 the Board finds that the facts
presented in this proceeding
 do
 not demonstrate that Lockport is
causing or contributing
 to 0.0.
 violations
 in Deep Run Creek.
Since violation of
 a standard is
 a prerequisite to seeking site—
specific relief
 (In the Matter of:
 The Petition of the Calesburg
Sanitarl District to
 ~
 Re~1ations, R80-16,
 November 18,
1983), Lockport
 is ineligible
 for that relief.
 Lockport did
 withdraw
 its
 request
 for relaxation of the 0,0.
 Standard.
 (R.
187,
 P.C.
 #1).
Lockport is violating
 the 10/12
 mg/i BODr/TSS limitation and
must demonstrate
 that no significant environm~ntal impact will
occur
 to seek relief from that limitation.
 Here, the only facts
show that, during worst case 0.0.
 levels
 in Deep Run Creek, Lock-
port’s discharges
 in fact improve 0.0.
 levels,
 (Ex,
 10,
 pp.
34—35),
Additionally, Lockport has
 denonstrated
 that
 compliance
 with
the 10/12 mg/i
 BOD~,/TSS limitation
 will
 impose
 a
 significant
burden.
 The
 terti~ry
 sand
 filters
 would
 cost
 around
 $775,000
with
 estimated
 annual
 operating
 costs
 of
 $60,000.
 (R.
 109).
T~ockport is
 presently
 experiencing
 financial
 difficulties
 in
 that
city
 revenues
 are
 all
 declining
 and
 estimated
 costs
 for
 all
 sewer
system
 and treatment plant improvements are over
 twice
 Lockport’s
general
 obligation
 bonding
 authority
 limit.
 (R.
 19—20),
 For
these
 reasons,
 the
 Board
 will
 grant
 Lockport’s
 request
 for
 a
20/25
 mg/l,
 B005/TSS,
 limitation.
AMMONIA_NITROGEN
Lockport
 seeks
 relief
 from
 a
 1.5
 mg,/I
 ammonia
 nitrogen
effluent
 limitation
 (Pet,,
 ¶
 5)
 apparently
 imposed
 by
 the
 Agency
because
 Deep
 Run
 Creek
 violates
 the
 ammonia
 nitrogen
 water
 qual-
ity
 requirements
 of
 Section.
 302.21.2(h).
 Lockport’s
 discharges
presently
 exceed
 1,5
 mg/i
 ammonia
 nitrogen
 (Ex.
 10,
 p.
 69),
 Deep
Run
 Creek
 presently
 violates
 the
 ammonia
 nitrogen
 water
 quality
standard
 of
 Section
 302.212(b)
 (Ex.
 10,
 p.
 3),
 and
 Lockport’s
56-258
discharges
 uause
 or
 contribute
 to those violations.
 (Ex.
 9,
 p.
5).
 MLec~’er,
 nmo~ia water
 q~ality
 lovels
 would
 improve if
Lockport ctdd~d .onplete nitrification.
 (Ex.
 10,
 p.
 5).
LocKpOrc haS ~ t requested that the nwiericai
 provisions
 of
Section 302.212 regarding ammonia ritrogen water quality be
raised
 to higher numerical
 limits so that Lockport would
 not
cause or contribute to violations of these higher numbers,
Rather, Lockport requests that these water quality standards be
made
 inapplicable
 to
 the discharge which causes
 them
 to
 be
 vio-
lated.
 This
 the
 Bc ard
 cannot
 do,
Section
 13(a)
 of
 the
 Illinois Environmental Protection
 Act
(Act) requires the Board to adopt water quality standards and,
pursuant
 to
 Section
 11(b)
 of
 the
 Act,
 to
 assure
 that no conta~-
inants are
 discharged
 without
 the
 degree
 of
 treatment necessary
to prevent violations
 of those standards.
 This
process
 is
 iden-
tical
 to
 the
 process
 in Sections 302,
 303,
 and 402(b)
 of
the
Federal Clean
 Water
 Act,
 made
 applicable
 to
 Illinois
 dischargers
by
 Section
 11(b)
 of the Act,
 While the Board may have discretion
in what
 those standards will be, there must be standards,
 and
those standards must
 be applicable to
 discharges which would
cause
 their
 violation.
Presently,
 the
 least
 protective
 ammonia
 water quality
 stan—
clard
 in II.linois
 is Section 302.4~)7 (Secondary Contact and Indi-
genous Aquatic Life Standards).
 That standard requires ambient
ammonia nItrogen levels
 to not exceed 2,5 mg/l
 from April
 to
October,
 nor 4.0 mg/I from November to March.
 An
 evaluation
 of
ammonia nitrogen levels
 in Deep Run Creek
 (Ex,
 9,
 p.
 13)
 shows
even
 these
 relaxed
 standards
 would
 have been violated five
times
at
 sampling site
 J
 (1000
 ft. downstream of discharge, River
 Mile
1,05)
 from November of
 1982 to July
 of
 1983.
 Upstream of Lock-
port~sdischarge,
 Deep Run Creek consistently meets the more
protective
 standards
 of Section 302,212.
Lockport has provided evidence
 (Ex.
 9,
 Ex.
 10,
 R.
 44-84) by
Mr. James
 B. Huff
 in an attempt
 to demonstrate that their present
discharges do not harm aquatic life and that
 aquatic
 life
 would
not improve even
 if
 the quality of ammonia nitrogen discharges
improved.
 The Board need not and does not make any findings of
fact concerning thi~issue,
 since the Board cannot by regulation
approve specific
 dithcharqe concentrations that cause
violations
of
 water
 quality standards without revising those standards.
Water quality standard revisions must be based on
 evidence that
the requested levels will protect the present
 and future uses of
the water body.
 Lockport. has not
 requested
 any
 specific
 standard
for
 ammonia nitrogen in Deep Run Creek and
 the
 evidence
 is
 insuf-
ficient
 for
 the
 Board
 to
 derive
 numerical
 limits
 on
 its
 own
 that
would
 both
 protect
 present
 and
 future
 uses,
 and provide relief to
Lockport.
 Consequently,
 Lockport~s
 request
 for site—specific
regulatory relief from the ammonia nitrogen standards
 of
 Section
302.212 on Deep Run Creek must be denied.
56~259
The
 Poar
 nc to’
 witn
 some
 e
 nce
 n
 the
 inconsistency
 of
 the
Agency
 cot
 me
 ~Ytis
 matter
 fri
 rosponse
 to Lockport*s
 request
that the 0 0
 Clat
 a
 ~ for De.p ~un Creek be modified
to
 provide
not
 less
 that ~
 mg/i for 16 of
 ~ny
 24 hours,
 the Agency
stated:
“~the~gency
 agrees that Lookport’s effluent
 standards
oughtto be
 20 mq’l BOO and
 25 mg/i total suspended
solids
 2
 ~
 and also ag:ees that some relocation of
the present dissolved oxygen standard could be neces-
sary.
 Howev~ Lockport’s
 language would leave
 the
stream without a dissolved oxygen standard for eight
hours of the day,
 a result that would be
 incompatible
both with the Environmental Protection Act and the
Clean Wacer Act,
 In addition there is nothing in
 the
record to support a 0 mg/I dissolved oxygen
 standard.”
(Rec,, p.2).
However,
 the Agency supported the complete elimination
 of ammonia
nitrogen standards for Deep Pun Creek by making them
inapplicable
to
 the discharge r~hichcauses their violation.
 (Rec.,
 p.
 4).
In its written Comments
 ~ilec on December
 13,
 1983,
 the
Agency has suggested modified language in the
 proponent’s original-
ly
 proposed order
 ~‘o’
 (1)
 specifically identify the
Lockport
 STP
(to
 prevent
 inc u~on of other facilities
 that might be constructed
later);
 (2)
 ~stchlrsh a dissolved
 ~xyqen standard in
 Deep
 Run
Creek to match th~standard for secondary contact waters
con-
tained
 in
 35
 111.
 Adm.
 Code 302 ~05; and
 (3)
 eliminate the
inclu-
sion of
 the ford “significantly”
 in subsection
 (c)
 of the
 pro-
posed order
 ~
 ‘o co~sistentwit!i Section
 12(a)
 of the Act.
 In
 a
Decemoer ii, L
 i3
 Wetter rescnding
 to the Agency~s
 Comments,
Lockport noted
 ttht
 it
 bad “no major objection”
 to these
proposed
changes.
 Accordingly,
 the Board will specifically
identify
 the
Lockport STP
 in its Proposed Order, hut
 finds
 the
 other suggested
modification~unnecessary
 in light o~the current wording of the
Board~s Prnponed D:’der.
In evaluating the City of Lockport’s site-specific
 regulatory
proposal,
 the Board
 finds that tb-~record demonstrates that a
less stringent standard of
 20 mg/i BOD~and 25 mg/i total
 suspended
solids
 t~’app ‘o~oniiteand envi ‘onnerta~lyacceptable for discharges
from Lockpcr~
 S1~. into Deco ~lunCreek,
I, Christ~nL.
 Moftetu, Clerb of the Illinois
 Pollution
Control Board
 neresy certify that the above Proposed
 Opinion
 was
adopted on the
 ~.
 ~~jday
 ~
 1984
 by a vote
Christan
 L,
 E4offett, ~‘Wrk
Illinois
 Pollution
 Control
 Board
56-260