LLINOIS POLLUTION CONTROL
BOARD
September
3,
1981
CITY
OF FAIRFIELD,
)
Petitioner,
v.
)
PCB 81—108
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.D. Dumelle):
On June 24,
1981 the City of Fairfield
(City)
filed a
petition for variance from Rules 402, 403,
404(f),
408(a),
408(c)(ii)(B) and 410 of Chapter
3:
Water Pollution,
in order
to allow the City to make necessary repairs to its wastewater
treatment plant
(WTP).
On August 17, 1981 the Illinois
Environmental Protection Agency (Agency)
filed a recommendation
to grant variance from Rule 602 of Chapter
3,
subject
to certain
conditions.
Hearing was waived, and none was held.
The City owns and operates a WTP consisting of a bar
screen and grit chamber which allows wastewater to flow into
a dual
(east and west)
system consisting of
2 primary clarifiers
2 trickling filters,
two final clarifiers and primary and secondary
anaerobic digestors.
The WTP is designed to receive an average
flow of 0.6 MGD which is discharged to Johnson Creek upstream of
Pond Creek and the Little Wabash River.
The City is requesting relief to allow necessary repairs
to the east treatment segment of the plant.
Leaks
in the center
seal of the east trickling filter prevent the distribution
arm from operating except at high flow, the trickling dosing
chamber needs structural repair, and the final clarifier has
no scrapers and is in use without sludge withdrawal capabilities.
These structural difficulties have caused septic conditions
in the east treatment segment which have adversely affected
the final effluent quality of the WTP.
The west treatment
segment is in satisfactory condition.
The City requests relief for 21 days in order
to effect
repairs to the east treatment segment.
During that period,
all flows will be directed to the west segment which can handle
0.491 MGD.
Any flows above that amount will be bypassed.
From April,
1980 to March, 1981 average flow to the plant varied
from 0.26 to 0.753 MGD, and only 2 of the 12 months averaged
43—315
—2—
greater than 0.491 MGD.
On the other hand,
only one of those
months had
a
maximum
flow under that level.
Thus, some bypassing
is to be expected.
On December
5,
1980,
an Agency inspection of Johnson
Creek below the WTP outfall reported a dark gray water color
indicating suspended solids, which was also reflected in the
vegetation along the banks.
Agency and Illinois Natural
History
biological
surveys done in 1975 and 1977, respectively, showed
the stream to be polluted in that area.
The high pollutant
levels is certainly partially a result of the defects in equipment
noted above.
The repairs should help remedy the problem and
may well result
in
an overall benefit to the stream even
if some bypassing occurs during the period of variance.
Therefore,
the Board finds that there will be little or no
adverse environmental impact resulting from a grant of variance.
While
the Board is troubled by the lack of discussion
by either the City or the Agency regarding alternatives to
bypassing,
such as lagooning and later treatment,
it appears
that if variance were to be denied, making the necessary repairs
might subject the City to an enforcement action.
These repairs will not, however,
solve the entire problem.
That cannot be accomplished short of upgrading and expanding
the WTP.
On March
9,
1981 the City submitted
a facilities
plan to the Agency, which is currently being reviewed.
If the
City continues to actively pursue federal grant funding,
construction could be completed by January, 1984.
While the Board will grant variance, the Board finds
that the relief requested by the City is overbroad.
If
it
were granted,
the City would need not comply with any water
quality standards during the term of the variance, even when
bypassing
is not occurring.
The Board declines to do so.
The Board also declines to follow the Agency~srecommendation
to grant variance from Rule 602(h).
That rule prohibits
overflows from sanitary sewers.
Here, the City will be bypassing
from the plant,
not overflowing the sewers.
Therefore,
the
Board will grant variance from Rule 602(c)
as it relates to
sewage treatment plant bypasses
so as to allow the City to bypass
flows over 0.491
MGD
without being subject to enforcement for
water quality standard violations caused by such bypasses.
Finally,
the City requested variance for 21 days and
the Agency recommends that that period commence within one
month of the date of this Order.
To insure that repairs can
be completed without returning to the Board for an extension,
the Board will grant variance for a period of
30 days or until
repairs are completed, whichever occurs earlier.
This period
is to commence within 60 days of the date of this Order.
The Board expects, however, that repairs will be commenced
at the earliest practical date, dependent upon weather conditions,
and that the repairs will be completed as expeditiously as possible.
43—316
—3—
This Opinion constitutes the Board’s findings of fact
and conclusion of
law in this matter.
Order
It is hereby ordered that the City of Fairfield be granted
a variance from Rule 602(c) of Chapter 3:
Water Pollution,
as it relates to sewage treatment plant bypasses for a period
of
30 days or until completion of repairs, whichever occurs
first.
This variance period is to commence within 60 days of
the date of this Order,
subject to the following conditions:
a.
During the 30 day period, the City shall patch the
trickling filter and the dosing chamber’s concrete walls,
repair
the trickling filter’s central column seal, and repair the
final clarifier’s sludge collection removal
equipment;
b.
The City shall provide the Agency with notice, seven
(7)
days prior to the date that the east treatment segment is to be
taken out of service and afterward with the date that the
east treatment segment is returned to service.
Notification
shall be sent to
Illinois Environmental Protection Agency
Division of Water Pollution Control
Compliance Assurance Control Section
2200 Churchill Road
springfield,
Illinois
62706
c.
The City shall continue to expeditiously pursue all
pre—grant and post-grant steps in the construction grants program.
In the interim its existing plant shall be operated and maintained
in the best practicable manner; and
d.
Within twenty-one days of the date of this Order,
the City shall execute and forward to the Illinois Environmental
Protection Agency,
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 abeyance for any period this matter
is being appealed.
The form of the certificate shall be as
fo. lows:
CERTIFICATION
I,
(We),
,
having
read the Order of the Illinois Pollution Control Board in PCB 81-108
dated ____________________________, understand and accept the Order,
realizing that such acceptance renders all terms and conditions
thereto binding and enforceable.
43—317
—4—
Petitioner
by:
Authorized Agent
Title
Date
IT IS SO ORDERED.
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
_______________,
1981 by
a vote of
_____.
~
•~j
~
/
/
~‘h~istanL.
Moffett, C~lerk
Illinois Pollution Control Boa’d
43—318