ILLINOIS POLLUTION CONTROL BOARD
    July 21, 1982
    CITY OF CARMI,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 81—59
    )
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Respondent.
    DAVID
    L. STANLEY APPEARED ON BEHALF OF PETITIONER;
    STEPHEN C. EWART APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board on the petition for
    variance filed April 17,
    1981 as amended May
    21, 1981 by the City
    of Carmi
    (City).
    The City seeks variance from Rule 602(a) and
    602(c) of Chapter
    3:
    Water Pollution
    (since codified as
    Ill. Adm.
    Code Title 35, Subtitle
    C, Chapter 1,
    Sections 306.103(a—c)
    as
    they relate to 5 specified sanitary and combined sewer overflows
    along the City’s sewer system.
    In its Recommendation of August
    4,
    1981 and its Amended Recommendation of October 13,
    1982 the
    Illinois Environmental Protection Agency (Agency)
    stated its
    belief that variance should be denied,
    although, alternatively,
    various conditions were proposed should the Board determine to
    grant variance.
    Pursuant to timely filed citizen objection to
    the City’s request, public hearings were held on October
    14 and
    December
    9,
    1981*,
    at which the objector presented testimony.
    The City of Carmi, population 6,200,
    is located in White
    County.
    The City owns and operates a trickling filter sewage
    treatment plant constructed in 1951 which discharges its
    effluent into the adjacent Little Wabash River.
    The sewage
    collection system tributary to the plant was originally
    designed
    (at some unknown time prior to 1945) to be used only
    as a sanitary sewer,
    although at some point subsequently 10
    stormwater catch basins were connected to the system.
    *As the transcripts for these hearings were not consecutively
    numbered, references to the October transcript will be cited as
    “(R.)”,
    and to the December transcript as “(2R.)”
    47-395

    2
    The City’s petition,
    as well as its Sewer System Evaluation
    Survey
    (SSES) which has been submitted for approval as part of
    its Step
    1 work under the federal construction grants program,
    identifies
    5 bypasses and/or overflow points causing discharge
    to the Little Wabash River:
    1.
    A bypass servicing the East Carmi Lift Station,
    a
    dry—wet well station located on the river’s east bank equipped
    with
    2 150 gpm centrifugal pumps of which only one was operable at
    the time of filing of the Agency~sOctober, 1981 Recommendation;
    2.
    An overflow structure south of the City’s sewage
    treatment plant
    (STP)
    located on an 18—inch sewer line on the
    river’s west side.
    As of October,
    1981 an improperly maintained
    flap gate remained open when covered by river water during high
    river stages,
    which inflow the Agency believes impedes flows
    to
    the STP;
    3.
    A pump station bypass on the west side of the river
    at
    the STP itself;
    4.
    A “continuously discharging’s overflow which results
    from a broken manhole on the rivers~west side,
    located on the
    northern most side of the City’s north interceptor line.
    5.
    A “continuously discharging~built—in overflow from
    a manhole located on the river’s west side.
    The City states that all outfalls are active during a 1.44
    inch per hour rain,
    and contribute a total of 7,464 million
    gallons per day of wastewater to the Little Wabash River.
    BOD
    concentrations of the overflows are estimated at a peak of
    170 mg/l and at an average of 109 mg/i,
    and suspended solids
    concentrations are estimated at a peak of 334 mg/i and an
    average of 213 mg/i.
    Compliance,
    it is alleged, could be achieved by construction
    of approximately 10,000 linear feet of relief interceptor lines
    and construction of completely new treatment facilities estimated
    to cost $5,000,000
    --
    approximately $1,700 per household.
    The
    City asserts that to require immediate compliance would impose an
    arbitrary or unreasonable hardship, as the City
    ‘does not have the
    funding resources to comply”.
    The
    City states that as
    a result
    of the SSES work done since its receipt of a Step
    1 grant in
    September,
    1975,
    as amended May 1978,
    it received recommendations
    for various sewer rehabilitation projects,
    as well as recom-
    mendations for wastewater treatment plant expansion, construction
    costs for which would total $3,880,000.
    With Step
    2 construction
    grants funding, the City estimates that its costs would amount to
    $1,090,500, or $360 per household,
    As of April,
    1981 the City
    projected that it would submit a revised SSES and facilities plan
    to the Agency by May,
    1981,
    complete various design phases by
    March, 1982, award contracts by October,
    1982 and complete
    construction by December,
    1983.
    47-396

    3
    Without
    much
    elaboration,
    ‘be
    (fly
    c’cncluded
    that
    the
    discharge
    from
    these
    outfa
    lc
    does
    rot
    create
    any
    detrimental
    impact
    on
    the
    Little
    Wabash
    Rner’
    based
    on
    the
    River’ s
    average
    dilution
    ratio
    Based
    on
    thi s
    cor& usioa.
    its
    participation
    in
    the
    grants
    program,
    and
    a
    ror
    m’tmcrt
    to
    el
    nnn?tte
    all
    private
    inflow
    sources
    by
    October.
    ‘981
    the
    City
    recsuest&
    the
    Board
    to
    grant variance for sufficient time to allow for completion of
    grant-funded rehabilitat4on work.
    In its October, 198i. Amended Recommendation, the
    Agency
    advised that
    Step
    2 grant
    futdc
    C.ald be avilable to the City.
    However, it recommended dcr~.alof
    iciaa’e
    M~
    tco
    grounds:
    adverse
    environmental
    impact,
    aid the City’s
    poor
    performance
    both in maintaining its ay~tt.Band ;n pursuing rehabilitation
    through the grants system.
    The Agency stated tha’
    tie
    ‘i-v had failed to consider the
    impact
    on
    the
    river
    of
    rytip.1ou,
    try neadter discharges.
    The
    Agency noted that a U.S
    ‘3e-ogical
    Si.trvey maintains a sampling
    and
    gauging station approximately 2 miles downstream of the
    City’s STP.
    Biological data takc’t or eight sampling days between
    October 1978 and October .L079 ind~catedthat pollution tolerant
    algae genera were present ir d
    ~
    :
    r
    ~nt (greater than 15)
    numbers.
    High concentrations of indicators of fecal contamination were
    also found, the average fecal colifnm count
    per
    100 ml. being
    3,127,
    and
    for fecal streptococci being 3,630.
    The Agency
    was
    firthe~
    of ti
    r~
    ir~icn that the City
    had
    been slow in completiag ita BLS~ ‘ork
    ihe
    city submitted its
    first 5388 in August, 1979, and hac sdbsequently submitted two
    amendments, the last having been subnitted to the Agency
    August 16
    1981.
    Earlier 8385 were not approved by the Agency
    because all overflows and bypasses had not
    been
    eliminated;
    the last was not approvahae
    bcr4u~csa
    cujtable
    location for
    an upgraded STP
    had
    not been sccar 4.
    Finally, the Agency noted that the last revised SESS had
    identified
    some
    five
    ways in which lnfiltration/inflow sources,
    and therefore discharge from overflow points, could be
    eliminated or minimized, by
    e.ç,
    ~c~airof ax existing pump,
    maintenance of a flap ga’ e, and maintenasa of
    pump
    alarms
    It
    faulted the City for failure
    t3
    tzYe these steps,
    which
    could be
    taken at relatively minimal
    expense.
    While continuing in its
    belief
    that
    variance should be Jened, the Agency requested that
    should the Board grant variance, that variance be conditioned on
    completion of such low—cost irinimization steps, and on
    the
    City’s
    adherence to the grant completion schedtle and private inflow
    elimination program contained in its petition.
    At hearing, the City presented testimony updating its April,
    1981 petition.
    In response to the Agency’s amended Recommendation,
    the City stated
    that
    certa~rof the listed remedial steps had been
    taken——replacement of a
    pump
    and repair of a flapgate-—and that
    47 397

    others
    were being
    t~
    J
    providing multip
    p
    eliminating illegai
    attested to
    t’i~
    f
    Council had rasse~ ~
    of downspoute
    fror~
    two
    sub~sta4~io
    The City further s
    t
    to the timetable
    foUr
    jrant ‘~r~tals
    petitions
    The City ~z
    six more months
    o c
    r
    t
    s~t
    original timetable, ~
    ~nj
    t
    t
    j
    timetable was
    ~
    ~‘
    ~c
    various require3. o ~in
    b
    it.
    Gary Snedd ~
    f
    N
    consulting engineers
    Woodruff,
    testi,fiei
    C
    submittals under
    Fe
    o
    responses since Fcbru ry
    made by Agency pe
    n
    1’
    parts of the sewer
    sy
    testimony on the~e
    ~i
    ~.
    of the City~sdisc’ha ~
    reviewing the City’s c’’in
    su~
    i
    Charles Brutlag, both
    t
    F
    tributary sewer sys en
    a
    I
    at
    il~ms operative,
    •ti as
    and
    t
    Frances Graves,
    I.
    i~tingthe City
    1~
    the disconnection
    ~
    ved rebuilding
    of
    y
    9
    10)..
    it
    Fad not adhered
    ed in its original
    e giving it roughly
    tea
    o
    istcd in its
    L lity to neet this revised
    ~y
    A~’eiv’y tpproval of
    ~36).
    the City’s
    n~orintendant, David
    tIe i~y’~activities and
    i~rt
    p cgram,
    and of the City~s
    ~u~oi
    requests and suggestions
    a tel t~
    STP
    and various
    a
    ‘~n F
    errployees presented
    ftc environmental impact
    ,
    o h~:been in charge of
    s~.nce1
    19,
    Dwight Hill and
    ethed the City’s STP and
    Concerning its p
    u~j
    t~
    nt program, it
    is the
    City~sposition that
    r
    -1
    f
    L
    clay
    tt.ributable to the time
    taken
    by the Agency for ~evie
    of sutmittals
    (R
    22-23),
    and
    the
    Agency~s
    insistence as
    a canditton fo~~
    final approval of its
    SSES
    that
    the City locate
    id
    ~-cur
    L.ite
    upon which an expanded
    STP
    could
    be located
    It
    in t
    a
    i
    ts unreasonable
    until
    a final facil~ttci
    n
    ~ eted
    ocuause
    a)
    it could
    involve expendit rcs
    f
    1
    t~
    iv
    or purchases for a site
    which could later pr we t
    Is
    ra p~pr~-ite anc b) this site
    selection requireTent
    1
    u
    t
    ~o
    Jy
    c~Et
    of
    an
    ~
    submittal
    or
    review
    (R,
    28-2)),
    On behalf of the ~) ivy
    ~i
    r
    ~t.ad
    that he had been
    in monthly contact qii
    ti’s (th~,
    by te’ephone
    if not by
    letter,
    since the submittal o~the c~
    ral ~SES
    and that he had made
    internal reviews of
    t e SS~’ erd
    ari
    requested supplemental
    information in September
    9~
    ,
    Ipri
    and August,
    1980,
    and
    February,
    1981
    CR..
    116
    118)..
    Confeiences were had concerning
    the City~sSTP and sever p~bJen~~
    August and December, 1980
    (Resp~ Ex,
    10)..
    Mr.. Kahn stated thet th~Agency had considered
    expediting release af constructior funds for rehabilitation of the
    northern interceptor sewer, but in January,
    1981 had determined
    not to do so,
    in order t
    avoi.
    r~achtnga resolution to that
    particular sewer prob~errwhich vould no~be cost—effective in

    terms
    of
    the
    problc~
    R.
    12O~-122)~
    Gi~ver
    ‘-a’
    the opinion of
    I
    has insuffici~t
    a
    and problems o~
    from the ex~sti1g
    identificat.ion
    f
    for final approval
    Mr. Kahn addi~onally
    variance
    would nt
    a
    f
    :.
    City~s
    project0
    v
    r.
    ~
    the Agency~sp0
    it:.
    t
    upon
    the Agericy~s~
    ~
    a
    (R. 124)~
    Dwight
    Hill.
    t~
    City~splant
    in 1~8
    of an
    emergency
    qi
    nL
    a
    in
    March,
    1980,
    o: t:e ~x
    as the result of
    aitize~i
    c
    into the Little vat
    SSES,
    Mr0 Hill &omm r~
    was
    lack
    of
    kno~~le
    northern
    interceptot
    tn~I
    I
    proposed
    upgraded
    plant.
    i~
    Charles
    Btutlaa r~
    environmental
    irar
    fied that he had
    a c
    p
    the Carmi vicinity
    or
    from the broken maniol.
    i
    was described as runnin
    ‘lov~
    overflow events0
    D
    in
    t
    like bottom depo~i~
    a
    October
    visit,
    Mr~
    t.l~q
    r
    itself
    that fanned
    )U~
    -:ro
    approximately one f~t
    r
    in December, Mr
    B1-~l~
    (2R,
    35,
    38).
    Discharge fron the
    described
    as “running
    t
    river”
    (sic).
    Sewacu
    do~
    and paper
    producta
    wa
    e
    ct~
    -
    inspection
    dates,
    and
    bottr
    October
    (2R. 35~36, ~8)
    which had been reported
    t.
    as of December
    (2R, 35~38
    at,
    ~n
    a~
    opinion,
    denial
    of
    oraut
    funds
    for
    the
    -
    i~
    number,
    it was
    r-~
    i)d be available
    ~t
    an~
    facility plan
    a
    e
    five
    visits to the
    --~
    3
    z
    of
    the
    Agency’s
    award
    i
    Agency~s
    discovery,
    iechatge
    Points No.
    4 and 5,
    a
    ~
    ra~usewage
    discharges
    ‘erring
    the City’s
    ~s
    ut~tarding
    deficiencies
    I
    0~eplant
    from the
    p
    city
    concerning
    ~i
    l~cat.ion
    (2R,
    22—23).
    rcerning
    the
    r
    ~
    Mi.
    Brutlag
    testi—
    t-~le
    Wabash
    River
    in
    iP~—:
    3,
    1981.
    Discharge
    ~iver
    bank
    (point
    no.
    4)
    j~-t0othe
    river
    during
    c
    dorous
    “black
    sludge—
    h
    ~n
    itself.
    During
    the
    v~-~a
    deposits
    in
    the
    river
    coint
    which
    measured
    :o
    h
    height
    of
    the
    river
    P3
    t
    •down
    to
    the
    river
    edge
    ripe
    (point
    no,
    5)
    was
    le~J
    ng
    10
    yards
    into
    the
    itc?-~ike
    bottom
    deposits,
    a
    ar
    th-
    ~e
    itself
    on
    both
    ej
    at~
    ~e a
    ~-een
    in
    the
    river
    in
    s~.
    ~ r~nhol~cover
    near
    this
    point
    ~
    ctober
    had
    been replaced
    Jack Emery, Carm~aesi
    b
    -
    r ob~ectorto the petition,
    testified that he toe had ~e~ti c~~ge
    idge deposits near the
    sewage treatment plact,
    and two
    ~l~s c-c
    tetream in the river
    Ie~p.
    EX.
    11,
    12,
    tc
    lim, including
    at
    a
    xisting
    STP site
    i
    axpanded facilities,
    ~3 across a
    ravine
    Pahn
    s belief that
    ~fiable condition
    (
    13
    Resp.
    Ex.
    5),

    6
    (R.
    107—108, 110).
    Mr. Emery also testified generally as to the
    poor condition of various Carmi sewers over the course of years,
    and expressed his belief that Carmi has not paid sufficient
    attention to correcting its sewer problems in response to citizen
    complaints.
    (It should be noted that Mr.
    Emery’s request for a
    hearing in this matter was by way of a petition signed by 200
    citizens).
    Mr. Emery did not specifically state that he opposed
    grant of variance,
    Rather his interest was “to make darn sure
    that
    (sewer and STP rehabilitation
    is done right, according to
    the way it is supposed to be done”
    (R.
    113).
    Dale McLaren, Executive Director of the Great Wabash Regional
    Planning Commission,
    spoke in support of the variance request.
    Mr. McLaren’s main point was that construction should not be
    required to proceed on a non—cost effective “piecemeal basis”,
    and indicated the willingness of his Agency to seek community
    development project grant funds for the City to further reduce
    its costs
    (2R.
    25—26).
    In reviewing this record, the Board finds ample evidence that
    the City’s discharges are causing environmental harm.
    The City
    has demonstrated that it would be more cost—effective for it to
    proceed to address all of its problems, with the aid of grant
    funds, at a cost of $360 per household, than to proceed only to
    address the problems posed by the identified outfalls and bypasses,
    without grant funds, at a cost of $1700 per household.
    The Agency
    had demonstrated that grant, or denial,
    of variance will not
    affect the availability of grant funds for the project as
    a whole.
    However, the Board finds that the City has not adequately
    explained why it did not meet the proposed compliance timetable
    contained in its original variance petition,
    or the reasons for
    its earlier delay in completing the specified SSES work.
    The
    City, through its attorney, stated its interpretation of this
    variance as being “a trade—off situation”, in which the City
    “would get insulation from violation of the regulations of the
    Pollution Control Board in exchange for meeting
    a
    schedule of
    compliance...to...rehab the sewers and upgrade the sewage treat-
    ment”
    (R.
    113).
    However, as the City itself noted at hearing, it
    has already received one variance conditioned upon adherence to a
    compliance schedule in White County’s Evergreen Acres,
    Inc. and
    City of Carmi
    V.
    IEPA,
    PCB 80-37, May
    1,
    1980 (variance from
    restricted status),
    At that time, the Agency and the Board felt
    that the City was making “adequate” progress in the grants program,
    and “good faith attempts at bringing its discharge into compliance”
    38 PCB 198-199.
    The City was ordered to “minimize bypassing of
    the STP,” and “to actively pursue grant funds,” and “to take
    timely
    steps towards bringing its discharge into compliance.”
    Of the two compliance dates there contemplated,——the first,
    for completion of sewer rehabilitation by November 1,
    1981 has
    long passed; the second,
    for completion of STP rehabilitation by
    February 1, 1983 is clearly infeasible.
    47-400

    7
    Based on the record before it, the Board finds that the City
    has failed ~to prove that denial of variance would impose an
    arbitrary or unreasonable hardship,
    In the light of the proven
    environmental harm, the Board sees no reason to shield the City
    from any potential enforcement actions resulting from its failures
    to comply with compliance timetables which the City itself has
    suggested.
    Variance is hereby denied.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Petitioner, the City of Carmi,
    is hereby denied variance from
    Sections 306,103(a—c)
    of Ill.
    Adm. Code,
    Title 35, Subtitle
    C,
    Chapter 1.
    IT IS SO ORDERED,
    Board Member
    I.
    Goodman dissented.
    I, Christan L,
    Moffett, Clerk of the Illinois Pollution
    Control Bçard, hereby certify that the above Order was adopted on
    the
    ~
    J~
    day of
    ________________,
    1982 by a vote of
    ~/—/
    cL~—
    1.
    ~z/~~1
    /
    Christan
    L.
    Moffett,~lerk
    Illinois
    Pollution
    Control
    Board
    47-401

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