ILLINOIS POLLUTION CONTROL BOARD
July 14,
1983
METROPOLITAN SANITARY DISTRICT
OF GREATER CHICAGO,
Petitioner,
PCB 83—72
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
MR. ALLEN
S. LAVIN,
BY MR. JAMES B.
MURRAY, HEAD ASST.
ATTORNEY, APPEARED FOR PETITIONER,
THE METROPOLITAN SANITARY
DISTRICT OF GREATER CHICAGO;
MS. MARY E,
DRAKE, ATTORNEY AT LAW, APPEARED FOR RESPONDENT,
THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
OPINION AND ORDER OF THE BOARD
(by D. Anderson):
This matter comes before the Board upon a petition for
variance filed June
2, 1983 by the Metropolitan Sanitary
District of Greater Chicago
(MSD), requesting for its Calumet
Sewage Treatment Works a variance from 35 Iii. Adm.
Code
302.406 and 304.121, the water quality and effluent standards
for fecal coliforin.
On July
5, 1983 the Illinois Environ-
mental Protection Agency
(Agency) recommended that the
variance be granted.
On July
7,
1983 a public hearing was
held in Chicago,
at which time MSD acceded to the conditions
recommended by the Agency.
The Board has received no public
comment
(R.
11).
On July
7, 1983 MSD also filed a motion for expedited
consideration at the Board’s July
8 meeting.
The Agency
agreed to this
(R.
11),
The motion is denied.
The Calumet Sewage Treatment Works is located at 400 East
130th Street, Chicago.
It discharges
220 million gallons
per day to the Little Calumet River, which
is a secondary
contact water tributary to the Illinois River, via the
Calumet-Sag Channel and the Chicago Sanitary and Ship Canal.
Section 302.406 set a standard,
applicable to secondary
contact water, for fecal coliform of 1000 counts per 100 ml,
subject to a special averaging rule.
Section 304.121 set an
effluent standard of 400 counts per 100 ml for all discharges.
The Board has repealed Section 302.406, and limited the
application of the effluent standard of Section 304.121 to
discharges which are above public bathing beaches or water
53-21
—2—
supply intakes (R77—12D,
October
14,
1982,
6 Xli.
Reg.
13750, November 4, 1982).
The repeal
and
amendments have
been stayed by the ~ppel1ateCourt for the First District.
The record in R77-l2D is incorporated by reference.
The Calumet Sewage Treatment Works discharge is located
such that the effluent standard would not apply to it.
Disinfection would therefore not be required in the absence
of a stay.
The
Calumet
Sewage
Treatment
Works
is
undergoing
expan-
sion
and
improvement
pursuant
to
Agency
Permit
No.
1981-fl-
1927.
During
this
project
the
regular
chlorination
units
will
have
to
be
taken
out
of
service
for
approximately
100
days.
Temporary
arrangements for chlorination 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.
Interim
chlorination
would
also
expose
constructior.
workers
to
the
hazards
of
chlorine
handling
accidents
during
the
project
(p.
4
of
petition).
The
Board
has
previously
found
in
R77-12D
that
the
environmental
benefits
of
chlorination
over
its
detrimental
effects
are
doubtful.
The
Board
expects
that
the
environ-
mental
impact
of
discontinuing
the
chlorination
of
this
discharge
will
be
negligible.
In
addition,
heavier
chlorane
doses
would
be
required during construction because of
reduced
detention
time,
increasing
the
cost
and
detrimental.
effects
of
the
chlorination.
MSD
has
proposed
to
conduct a study of bacteriological
water
quality
of
the
river
segment
between
the
treatment
plant
and
just east of the junction at Highway 83
CR.
6).
Illinois Institute of Technology has proposed to conduct
this study jointly with
I4SD
(R.
7).
The granting of this variance would be consistent with
federal
regulations
which
impose
no
disinfection
requirement
or
bacterial
standards.
The
Board
finds
that
it
would
impose
arbitrary
or
unreasonable
hardship
on
MSD
to
require
chlorination
during
the
construction
project.
The
Board will
grant
the
variance
subject
to
conditions
similar
to
those
reconanended
by
the
Agency.
This
Opinion
constitutes
the
Board’ s
findings
of
fact
and
conclusions
of
law
in
this
matter.
58-22
—3—
ORDER
Petitioner, Metropolitan Sanitary District of Greater
Chicago,
is granted for its Calumet Sewage Treatment Works
a
variance from 35 Iii.
Adm. Code 302.406 and 304.121, subject
to the following conditions:
1.
This variance will commence August 1, 1983 and
terminate March
31, 1984.
2.
During July,
1983,
Petitioner shall sample to
determine background levels.
3.
During the period of this variance, Petitioner
shall conduct water quality monitoring to determine
the impact of the cessation of chlorination.
4.
Petitioner shall make the results of all sampling
available to the Illinois Environmental Protection
Agency.
5.
The motion for expedited consideration is denied.
6.
Within forty-five days of the date of this Order,
Petitioner shall execute and forward to the Illinois
Environmental Protection Agency, Variance Section,
2200 Churchill Road, Springfield, Illinois 62706,
a Certificate of Acceptance and Agreement to be
bound to all terms and conditions of this variance.
This forty-five day period shall be held in abey-
ance for any period this matter
is being appealed,
The form of the Certificate shall be as follows:
CERTIFICATION
I,
(We,)
_________________________,
having read
and fully understanding the Order in PCB 83-72,
hereby accept that Order and agree to be bound by
all of its terms and conditions.
SIGNED
_________
TITLE
_________
DATE
_________
IT IS SO ORDERED.
Chairman Jacob D. Dumelle dissented.
53-23
—4—
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Order
were adopted on the
~?-/*~
day of
j~J~
,
1983
byavoteof
~_/
.
Christan L. Moffet~,
erk
Illinois Pollution C ntrol Board
53-24