ILLINOIS
POLLUTION
CONTROL
BOARD
September 15, 1982
CITY OF
DELAVAN,
)
)
Petitioners,
)
V.
)
PCB 82—86
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Respondent.~
OPINION AND ORDER OF THE
BOARD
(by
D.
Anderson):
This matter
comes
before
the
Board
upon
a
petition
for
variance filed June 24, 1982 by the
City
of
Delavan,
Tazewell
County, requesting a variance from 35 Iii. Adm. Code 309,241(aYk
as applied to restricted status for its sanitary sewer system.
The requested variance would allow discharge of public water
supply filter backwash to the sanitary sewer.
On July 30, 1982
the Illinois Environmental Protection Agency
(Agency) recommended
that the variance
be
granted
with
conditions.
No
public
hearing
was
held
and
the
Board
has
received
no
comments.
Delavan
has
a
population
of
1973.
It
operates
a
sanitary
sewer
system
which
discharges
to
the
North
Branch
of
Crane
Creek, which is tributary to Quiver Creek and
the
Illinois
River.
The discharge
was
once pursuant to NPDES Permit No.
IL
0028355
which
expired
on
August
31, 1981.
No renewal
application was received by the Agency.
The sanitary sewer system was constructed in 1962.
The
treatment plant consists of a 16 acre stabilization pond.
The
design average flow is 0.25 million gallons per day
(MGD).
The expired permit allowed,
as interim limitations, up to
60 mg/l 5-day biochemical oxygen demand
(BOD)
and 70 mg/I total
suspended solids
(TSS); however, the Agency believes any new
permit will limit the discharge to 30/30 BOD/TSS
Section
304,120(a).
According to discharge monitoring reports the plant has
generally operated within the 60/70 interim limitations, but
would violate the 30/30 limits frequently.
On December 14,
1979 th~system was ~laced on restricted
status
(Section 306.105) because of surcharging of sewers and
basement backups.
The treatment plant is not overloaded
hydraulically.
However, the Agency has observed severely
eroded berms and substantial accumulation of sludge in the pond.
*prjor to codification, Section 309.241(a) was Rule 962(a).
48-181
—2—
According to a
study
quoted
by
the
Agency,
Crane Creek is
“unbalanced” above the Delavan outfall
and
“polluted”
and
“semi—
polluted” for
2 miles downstream of the outfall,
This
is
indicative of environmental damage from the discharge.
Delavan is in the process of upgrading its treatment plant.
It
has
received
a
Step
2—3
grant.
General
obligation
bonds
have been issued to pay its share of the cost.
A permit appli-
cation was submitted in September,
1981, but rejected by the
Agency, which requested additional data on flow and an inflow
reduction program.
*
Delavan has received a Farmers Home Administration loan
for improvements to its public water supply.
These include
an iron removal filter which will require periodic backflushing
at a rate of about 20,000 gallons per week.
Delavan
has
two
plans
for
disposing
of
the
backflushed “red water”:
one involves
construction of a
filter
and
direct
discharge;
the
other
involves
discharge to an overloaded sewer.
To
prevent
surcharging
down-
stream, Delavan proposes to construct a 20,000 gallon holding
tank.
The backflush would be discharged at suitable times at
a
sufficiently
low rate to avoid backups.
Delavan
claims
that
the
direct
discharge
option
is environ-
mentally unfavorable because the filter would not remove ferric
iron prior to direct discharge~ The Agency disagrees concerning
the
ferric
iron,
but
does
not
offer
a
separate
opinion
regarding
the relative environmental impacts.
The
Agency
estimates
that
the
0.076
million
liters
(20,000
gallons)
of
backwash
will
contain
about
10
kg
(22
pounds)
of
iron
per
week
at
a
concentration
of
133
mg/l.
The
plant
will
have
about
500
population
equivalents
of
capacity
remaining
after
addition of the backwash.
The Agency believes that surcharging
can be prevented if the discharge is at appropriate times,
and
limited to 10 gallons per minute,
The
F3oarcl finds that Delavan has demonstrated adequate
hardship to justify
a variance with conditions adequate to
avoid surcharging or the discharge of sewage with inadequate
treatment.
*Delavan has been issued
a Chapter
6 permit for improve-
ments to its public water supply;
it needs an NPDES permit
to continue its wastec~aterdischarge;
it needs an NPDES
construction authorization to upgrade its treatment plant;
and,
it
needs
a
Section
309,202
construction
permit
for
its
proposed backwash holding tank and discharge to the sewer.
This case is primarily involved with the last.
48-182
—3—
ORDER
Petitioner,
the
City of Delavan,
is granted a variance
from 35 Iii.
Adm.
Code 309.241(a),
as applied to restricted
status of its
sanitary
sewer
system,
subject to the following
conditions:
1.
This variance
will
allow
the
Illinois
Environmental
Protection Agency to issue a construction permit for
a holding tank
and
discharge to the sanitary sewer
for
public
water
supply
filter
backwash.
2.
This variance will expire on June 1,
1983,
or upon
issuance of such construction permit, whichever
occurs
first.
3.
Within
105
days
of
the
date
of
this
Order
the
City
of Delavan
shall
submit
to
the
Illinois
Environmental
Protection Agency an application for an NPDES permit
for its wastewater treatment plant discharge.
4.
Petitioner shall expeditiously proceed with upgrading
of its wastewater treatment plant and sewer system.
5.
Petitioner shall provide sufficient retention to
contain the entire volume of filter backwash for a
one week period.
6.
Petitioner
shall
limit
discharges
from
the
retention
tank
to
a
maximum
of
10
gallons
per
minute.
7.
Petitioner
shall
not
allow
discharge
from
the
reten-
tion
tank
during
times
when
sewers
are
surcharging,
or
so
as
to
cause
such
surcharging.
8.
Petitioner
shall
record
each discharge from the
retention tank as to time, date, duration, quantity
and
conditions
of
sewer
system.
Petitioner
shall
submit
such
records
quarterly
to
the
Compliance
Assurance
Section,
Illinois
Environmental
Protection
Agency, 2200 Churchill Road, Springfield, Illinois
62706.
9..
The Illinois
Environmental
Protection
Agency
shall
incorporate conditions
4,
5,
6,
7
and
8 into permit
conditions.
10.
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
48-183
—4—
to all terms and conditions of
this
variance.
This
forty—five day period shall he held in abeyance 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 82—86, hereby
accept that Order
and
agree
to
be
bound
by
all
of
its
terms
and
conditions.
IT IS SO ORDERED.
SIGNED
TITLE
DATE
I, Christan L. Moffett,
Clerk
of
the
Illinois
Pollution
Control Board, hereby c~rtifythat the above Opinion
and
Order
were adopted on the
j~5~~-
day of
____________
1982 by a vote
of
~-O
.
U
Illinois Polluti
rk
Board
48-184