ILLINOIS POLLUTION CONTROL BOARD

April

13,

:L978

CITY OF

WYOMING,

Petitioner,

v.

)

PCB 77—252

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

This matter comes before the Board on a Variance

Petition seeking relief from Rule 962(a)

in Chapter

3.

Petitioner has been on restricted status since May 26,

1971

(Ex.G)

and here seeks to extend sewer service

to the remaining

75 homes in the municipality not connected to the sanitary

system.

An Agency Recommendation,

filed on October 29, 1977

urged that the Variance be denied.

A public hearing was held

in Wyoming on January 13,

1978.

The City sewage treatment plant has

a design capacity

of 0.2 MGD.

Average daily flow,

however,

is 0.41 MGD; average

dry weather flow

is

0.25 MGD.

Excess effluent is generally

diluted by storm water.

The loading of this plant

is 1672

PB, which includes the two industrial users

in the

municipality.

Petitioner’s evidence

ShOWS

the following averages

over the last 14 months:

BOD 44 mg/i;

SS

37 mg/i; and ammonia

nitrogen as N

10 mg/i.

Latest EPA samples show compiiance with

Petitioner’s interim NPDES standards of 40/40, and the more

stringent federal standards of 30/30.

Based on samples taken on

November

7,

1977,

efliucnt

ievcl5; were

ROD

30 mg/i;

85 20 mg/i;

NH3—N 1.5 my/i.

Petitioner made an initial application to upgrade its

sewage treatment facility in 1971.

Wyoming holds NPDES permit

No.0026336 and received Step

I certification on 1~~Iovember19,

1977.

Petitioner’s Step

II application has been made.

Proposed

improvements call for upgrading treatment and capacity to 0.25

MGD, rehabilitating existing sewer lines to reduce infiltration,

and extending sewer service to the area known as the First Ward.

The expanded sewage plant would be operational about January,

1980

(Ex.D)

30—If

---

—2—

It

is the First Ward that

is the subject of this Variance

Petition.

The First Ward

is

a residential neighborhood of

approximately 75 homes and

is

Lhe only unsewered area within

the corporate

limits.

The Petitioner seeks to connect

this

area to the existing sanitary sewer system for several reasons:

to generate additional revenues to pay for the local

share

in

STP improvements;

to alleviate hazards due to septic tank and

cesspools

in the First Ward and to stimulate residential

construction

in the municipality.

The local

share of the sewer improvement program will be

$376,000.

In 1971,

a municipal referendum authorized $250,000

in

general revenue bonds

to be used for this project, an amount only

$20,000 below the estimated municipal limit.

By connecting the

First Ward, additional revenue can be generated through connection

and user

fees.

Furthermore, the average value of homes

in the

First Ward

is estimated at $5,000 to $6,000 less than comparable

homes in other parts of town,

a difference attributable solely

to the lack of sewers

in that area

(R.93).

By allowing the

First Ward connection,

it

is argued, property values would rise

and generate increased bonding authority

(R.96)

.

Finally, the

First Ward contains most of the available lots for residential

development

in Wyoming

(R.l02)

.

The sewer ban limits residential

development,

which has an adve~rseeffect on the economic well

being of small communities such as Wyoming.

Were the Variance

granted,

the Petitioner has demonstrated that ten homes could

be built within the next two years

(R.l04).

Without the Variance,

construction will not be undertaken

since

it is unreasonable

to install expensive septic systems and then require hookups

when the new STP is complete.

These new homes would also increase

revenues

to he used forfinancing the local

share of Petitioner’s

construction grant. Testimony also showed that

20 jobs were

presently unfilled at a local industry because of the lack of

housing

(R.108).

Based on these factors, the Board finds that

definite economic hardship would result if the variance were

not granted.

An odditional factor considered

in yranLiny the Variance

i s

t;he problems

reported

due

to

exist

i rig

septic tanks and cess—

pools

in the

First

Ward.

A high watertablo, only

32”

below

ground

during the last two years, has caused odor and back up problems

in some homes.

Connection

to the sewer system,

and any possible

adverse effects there,

would be a trade off of problems currently

present with septic system operations.

The possible adverse effects attributable

to the connection

of the First Ward are increased possibilities of non-compliance

and aggravated basement flooding in some areas of town where

sewer surcharge occurs during wet weather.

Since the First

Ward would connect at the point furthest from the STP, the impact

of the additional load on sewer surcharge would be felt through-

30—12

---

—3—

Out

the

entire

system.

The

Agency

reports

ol

basement

flooding,

however,

are

based

largely

on

investigations

conducted

in

1972—73

before

the

municipality

made

improvements

in the storm sewer

system

(R.139—l40)

.

The

recocd

shows

that

basement

flooding

continues

but

appears

diminished

in

frequency

(R. 146)

Wyoming

has

a

history

of non-compliance,

as

even

Petitioner’s

records

show.

However, the City has undertaken

to improve

its

system.

Downspout,

street drain,

and field file connections have

been made to the separate storm

sewer system as well.

However,

evidence of this was not

in the Agency file

(R.l50).

The municipality

has demonstrated good faith by implementing recommendations made

by the Agency after periodic inspections.

As the November

7,

1977

Agency report indicated, the plant was “operating

to the best of

ability” and that design faults and plant obsolescence were the

primary causes of operational problems.

On that date, effluent

standards were being met even though the esLimated flow was

greater

than plant design capacity.

A Department of Public

Health survey in October and November of 1977 showed no surface

discharge of sewage from septic systems

(Ex.8)

In granting the Variance,

it

is necessary to assure that

any harmful effects be minimized.

The First Ward,

if connections

were made

to all existing homes and those to be constructed

in

the next two years, would add 188 PB to the existing system.

Because the system operated so close to the maximum effluent

levels and there is a possibilIty of sewer surcharge,

a condition

of the Variance

is that only those First Ward homes currently

experiencing

septic system or cesspool problems will be allowed

to connect

to the

sewer extension during the term of the Variance.

The municipality shall submit an address list of such homes

to the

Agency as part of its permit application and receive Agency

consent to the connections.

Those new

a~mesconstructed during

the term of the Variance may also be

rinected

in order to

achieve

Lhe purpose of the Variance up Lo a ~aximum

of

ten.

As a further consideration, the municipality must agree to

utilize optimum operational techniques during the term of the

Va r i anrr

SD

a

S

0

rissurn (~omp

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t

a flee’

w

i

ii

a

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etbi

Fe’d~’ra

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rd

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Wit

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ID

(I

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‘

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Ft c~ rd

the use ol polyclectrolytes for fiocculat lug may improve

sewage

plant efficiency and should be studied and

used

if feasible.

This

Opinion

constitutes

the

Board’s

t~indings

of

fact

and

conclusions

of

law

in

this matter~

Mr.

Young

dissents.

ORDER

It

is

the

Order

of

the

Pollution

Control

Board

that:

30—13

---

The

City

of

Wyoming

is

granted

a

Variance

from

Rule

962(a)

of Chapter

3 for two years from the date of this Order

or until

its improved sewage treatment plant

is

operational,

whichever

occurs

first,

upon

the following conditions:

a.

That only those existing homes

in the First

Ward that experience septic system and cesspool

problems and those new homes to be constructed

in the First Ward up to

a maximum of ten will

he allowed to connect

to the sanitary sewer

extension during the term of the Variance.

b.

That

the municipality submit an address list

of the existing homes to be connected during

the term of the Variance to the Agency as part

of its permit application.

The Agency must consent

to each specific connection to be made.

c.

That the municipality use optimum operational

techniques during the term of the Variance to

assure compliance with applicable Federal effluent

standards.

Within

45 days of the date of this Order, the Petitioner

shall execute and forward to the Illinois Environmental Protection

Agency,

2200 Churchill

Road, Sprir~afield, Illinois 62706

a

Certification of Acceptance and Agreement to be bound to all terms

and

conditions

of

this Order.

The 45 day period shall be held

in

abeyance

during

any

period

this

matter

is

being

appealed.

The

form

of

said

certification

shall

be

as

follows:

CERTIFICATION

I

(We)

,

____

having read

i

rtd

III

I

I

II

IRI’

‘FS

1

ttd

i t)(J

I

iI(’

0 rd(’ r

ol

I

to

I

I

I

ii~’i

I’() 1

1

ti

I

I On

Control

board

in

J’CU

17—252

hereby

accept: said 0~dur and agree

to be

bound

by

all

the

terms and conditions thereof.

______________________________

SIGNED

________________________________

TITLE

__________________________________ DATE

3Q_JL~

---

—5—

I, Christan L. Moffett, Clerk of theIllinois Pollution

nd Order

were

Control Board,

hereby certity

U~icabove Opi

adopted on the

)~I’~

day of

~

1978

by a vote of

_________________

Illinois Pollution

Board