ILLINOIS POLLUTION CONTROL BOARD

July 8, 1976

CITY OF LINCOLN,

)

Petitioner,

v.

)

PCB 76—110

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND

ORDER

OF THE BOARD

(by Mr. Young):

This matter comes before the Board on the variance petition

filed April 23, 1976 by the City of Lincoln seeking relief from

Rule 602(d) (3)

of Chapter

3:

Water Pollution Rules and Regula-

tions.

An Agency Recommendation was filed with the Board on June

1,

1976.

Rule 602(d) (3) establishes a compliance date of December

31,

1975

for Rule 602(c), which requires in part that all combined

sewer overflows shall be given sufficient treatment to prevent

pollution or a violation of applicable water quality standards.

The City of Lincoln is engaged in the collection,

treatment

and disposal of wastewater within the City and approximately two-

thirds of all sewered portions of the City

is served by combined

sewers.

The treatment plant has a design capacity of 2.5 MGD with

an average dry weather flow of 2.25 MGD.

All wastewater

in the

system is intercepted and subject to treatment at the plant to an

extent of from two and one—half to five times the average dry

weather flow.

The City’s NPDES permit contains a schedule for bringing the

combined sewer overflows into compliance

and the schedule keys all

dates

to those after which grant funds have become available.

Peti-

tioner has applied

for grant funds for upgrading its sewage treat-

ment facilities and for the treatment of combined sewer overflows.

Petitioner has been awarded Step

I and Step II funds for the sewage

plant improvements and has received Step

I funds

for the sewer

system evaluation survey.

Step II funds for the design of excess

flow treatmen? facilities,

including combined sewer overflows, will

not be awarded until an evaluation of the facilities plan is complete,

probably by December of 1976.

No Step III construction grant funds

have been awarded to Lincoln for either the treatment plant improve—

ments or for excess flow treatment facilities.

23 —47

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—2—

The City of Lincoln alleges that

it has been working dili-

gently to bring its combined sewer overflows into compliance but

that delays caused by the administration of the grant program have

prevented Lincoln from presently attaining compliance with Rule

602(d) (3).

The City alleges an unreasonable and arbitrary hardship

would be placed upon Lincoln if it were forced to proceed with the

sewer and treatment plant improvements prior to obtaining assistance

from existing grant funds.

The Agency has recognized the fact that many municipalities

and sanitary districts throughout the State have not met and cannot

presently meet the December 31,

1975 compliance date as set by Rule

602(d) (3).

On December 22,

1975,

the Agency filed an Amended Peti-

tion for Regulatory Change

(R75—l5) with the Board specifically re-

questing that the date for complying with Rule 602(d) (3)

be extended

until July

1,

1977, provided a grant application had been filed be-

fore December 31,

1975.

Although the Board has not taken final

action on this proposal,

at its May 20, 1976 meeting,

the Board

authorized for publication a proposed final draft of the Rule change

which would adopt the substance of the Agency’s amendatory proposal.

The economic impact hearings have yet to be conducted in this matter.

In view of the foregoing,

the Board is disposed to grant the

City of Lincoln the relief requested.

We believe an arbitrary and

unreasonable hardship would be placed on the City by requiring the

massive capital outlays necessary for compliance without first

allowing the City to obtain assistance from existing grant

programs,

and particularly so when the City would be precluded from any reim-

bursement from State/Federal grant

funds

if the City were to proceed

in advance of a particular grant award

(The Clinton Sanitary District,

PCB 75—498;

the Sanitary District of Elgin, PCB 75—501).

This Opinion constitutes the Board’s findings of fact and con-

clusions of law in this matter.

ORDER

1.

The City of Lincoln

is granted variance from the compliance

date for combined sewer overflows as established by Rule 602(d)

(3)

of the Water Pollution Rules and Regulations.

Such variance is

granted until July 1,

1977, or until the Board adopts an Amendment

to the Regulations in consideration of the Agency Regulatory Pro-

posal

(R75-l5)

,

whichever is

later.

2.

The City is required during this period to maintain optimum

operating efficiency and convey as much combined sewer flow to its

plant as

is possible.

23

—48

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—3—

3.

This variance will immediately terminate if the City is

offered a grant during this period and the City does not respond

with appropriate action to bring it into compliance.

The City

will be required to submit its completed facilities plan by

December

1,

1976.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the

‘v’’

day of

,

1976 by

a

vote of

~

Illinois Pollution C~

Board