ILLINOIS POLLUTION CONTROL

BOARD

April 21, 1983

CITY OF HERRIN,

)

Petitioner,

)

v.

)

PCB 82—148

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by J,D. Dumelleh

This matter comes before the Board upon a December 20,

1982 petition for variance filed by the City of Herrin to allow

the extension of sanitary sewers to the George Harrison’s

1st

and 2nd survey of Outlots in Williamson County.

The Illinois

Environmental Protection Agency (Agency)

filed a recommendation on

March

4,

1983 and an amended recommendation on March

31,

1983

recommending that variance be granted.

Hearing was properly

waived and none was held.

Herrin proposed to connect twenty-two homes to the Herrin

sewer system and to the Herrin Wastewater Treatment Plant

(WWTP).

The

homes discharge an c~timatedpopulation equivalent

of sixty—four.

Variance is necessary

in that the WWTP was placed

on restricted status by the Agency on August

29, 1980.

Herrin owns and operates the

WWTP,

its tributary sewer system

and four major lift stations ‘which serve approximately 10,000

persons and four major industries~ Original construction of the

WWTP was in 1950

with some additions in 1960.

In the mid—1970’s

Herrin installed temporary chlorination,

The sewer system

was completed in 1939 with a major system extension in 1964.

Since then Herrin has constructed only minor extensions.

The WWTP consists of a comminutor/bar screen, an aerated grit

chamber,

two primary settling tanks,

a trickling filter, two

secondary clarifiers, and chlorination.

At the head end of the

plant,

Herrin has a raw sewage bypass which enters into the final

outa.l

and

mixes

with the final treated effluent during periods

of

rainfall.

The

WWTP

has a design average flow of 1.2 million gallons

per day and discharges

to an unnamed tributary of the Big Muddy River.

52-71

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—2—

Originally designed to convey only domestic and industrial

wastewater,

Herrin’s sewer system presently has several known

storm sewer connections resulting in direct inflow to the system.

Manhole overflows, basement backups and bypassing of the WWTP have

occurred due to this inflow and infiltration.

Herrin was issued NPDES Permit No,

1L0029165 on June 4,

1982 which became effective on July

4,

1982 and will expire

June 30, 1983.

Discharge monitoring reports show general

compliance with the permit limitations since November 1982,

for Outfall 001, but general non-compliance for Outfall 002

during that same period.

Further,

on December 17,

1981 the

Board found Herrin to be in violation of effluent standards, WWTP

bypass and combined sewer overflow regulations, and reporting

and operating requirements

(PCB 79~239,44 PCB 215),

Herrin is

in the Federal Construction Grants Program

for upgrading of its WWTP and for sewer rehabilitation which

upon completion would remove Herrin from restricted status.

Currently, Herrin is awaiting Step

II funding in order to initiate

sewer rehabilitation design.

However,

it is approximately 10

months behind the time schedule presented in the petition, although

the record indicates Herrin cannot be held entirely responsible

for the delay.

Herrin has identified twenty—two

(22) homes without public

sewer service.

However,

in communications with the Franklin—

Williamson Bi-County Health Department,

the Agency has determined

that only eighteen homes within the area in question currently

suffer from malfunctioning systems, plus one antiquated system

that could fail at any time,

(see Exhibit 1)~

A March 17,

1983,

letter from Larry Castrale, Director of

Environmental Health of the Bi-County Public Health Department,

to the Agency identifies the nineteen owners:

Art Woodlard

Roger Propes

Martin Bruyns

Jim Scott

Marie Helms

Amebia Gunter

Rose Pool

John Gunter

Robert Cockran

Mr. White

Brady Rose

Mr. Jockum

Everett Anderson

Mr. Whitecotton

Delia Reynolds

Hershel Reeder

Ron Absher

Coy Propes

Bill Blaize

A July 30,

1982, Agency inspection of the Big Muddy

River downstream from the discharges of the Herrin WWTP revealed

heavy sludge deposits which the Agency concluded resulted from

raw sewage bypassing during heavy rain events,

Similar conditions

were noted on a June 10,

1982 inspection.

52-72

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—3-.

This

Big

Muddy

River

is possibly one of the poorest

quality, at the point of

withdrawal, both chemical

and physical, sources

of surface water within the

Region 5

Southern

Region

area,

The wastewater effluent from at

least nine

community WWTP~sand the runoff from at least

11

coal

mines discharges either directly into the Big

~MuddyRiver or one of its tributaries upstream from the

Cities Water

Company

Royalton WTP

Water

Treatment Plant.”

(Herrin’s

WWTP

is the closest WWTP and

is one of the largest.)

This

report further states that:

“The results

of possible untreated municipal wastewater

discharge,

mine waste discharge,

and vegetative deposits

into the

river after a local

storm on early July

2,

1980

resulted in a

massive fish kill immediately upstream

from

Royalton.

This also produced a major taste and odor

problem for

the WTP.~’

(Herrin’s DMR’s indicates WWTP

bypassing on

that date,)

The Board agrees

with the Agency that the environmehtal

hazards associated

with the connection of the nineteen systems

outweigh any additional

aggravation to downstream

water

conditions of the Big

Muddy or the Royalton

public water supply.

Although the Board is concerned

that Herrin

has installed a sewer

extension and

connections to five of the homes prior

to this

request for variance

and

in violation of the permit

requirement,

the Board also recognizes

the potential health hazards

due

to

malfunctioning or

antiquated systems~ According to Herrin,

replacement of

the private systems could cost each resident

$3,850.00.

The Board finds this to be an unreasonable hardship

which warrants

variance relief,

Therefore,

notwithstanding the activities of Herrin

in installing and

operating an illegal sewer extension, the

Board

will grant a variance

to those homes documented by the Bi—

County Health Department

as having malfunctioning or antiquated

systems.

This

Opinion constitutes the Board’s findings of fact and

conclusions of law

in this matter,

ORDER

The Board hereby

grants the City of Herrin variance

from

35 Ill. Mm. Code

309,241 to allow the Agency to issue

construction

and operating permits

for the nineteen homes documented

by the

Franklin—Williamson

Bi~-CountyHealth Department in its

March 17,

1983 letter and as

listed in the Opinion,

above,

52-73

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—4—

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Opinion and Order

was adopted on the _______________day

of

__________________

l983byavoteof

___________

Illinois Pollution Control Board