ILLINOIS POLLUTION CONTROL BOARD

September 30, 1976

CITY OF SPRING VALLEY,

Petitioner,

v.

)

PCB 76—203

ENVIRON~1ENTALPROTECTION AGENCY, 

)

Respondent.

OPINION AND ORDER OF THE BOARD (by 

Mr.

Young):

This matter comes before the Board on the variance peti-

tion filed August 2, 1976, by the City of Spring Valley seeking

relief from Rule 602(d) (3) of Chapter 3: Water Pollution Rules

and Regulations. The Agency filed a Recommendation on September

9, 1976; no hearing was held in this matter.

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 the applicable water quality standards.

The City of Spring Valley provides wastewater treatment for

an average daily dry weather flow of about 1 MGD 

consisting of

both industrial and domestic waste. Petitioner indicates that

sewer construction since 1959 has been limited to the installation

of sanitary sewers in newly—developed areas and storm sewers in

existing developments.

The City of Spring Valley has a Step I grant and a facilities

plan is being prepared for submission to the Environmental Pro—

tectiori Aqency in November, 1976, 

unless

a Sewer- System ~va1uation

is dictated by a cost benefit analysis of~ the alternatives of

excess 

flow

treatment or sewer system rehabilitation, in which

case submission of the facilities plan will be delayed until the

evaluation is completed.

Petitioner asserts that they have maintained a vigorous pro-

gram of storm sewer construction and have completed the projects

listed without State or Federal grant funding:

23

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653

—2—

YEAR  PROJECT NAME          

TYPE OF PROJECT

1972  John Mitchell Drive      

Street Improvement with

new storm sewer

1972  John Mitchell Outfall Sewer  

Storm sewer outfall

1972  Mary Street          

Street project with new

storm sewer

1973  Strong & Richard Street    

Street project with new

storm sewer

1973  Dakota Street Storm Sewer   

Sewer separation project

1974  Lawrence Ave. Storm Sewer   

Sewer separation project

1974  Third Street          

Street project with new

storm sewer

The City alleges and the Agency agrees that the City would

suffer an arbitrary and unreasonable hardship if forced to proceed

with the collection system improvements needed 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

Petition for Regulatory Change (R75—15) with the Board specifically

requesting that the date for complying with Rule 602 (d) (3) be ex-

tended until July 1, 1977, provided a grant application had been

filed before 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 amenda—

tory proposal. The economic impact hearings were held on August

26, and September 1, 1976.

In view of the foregoing, the Board is disposed to grant the

City the relief requested. We believe an arbitrary and unreasonable

hardship would be placed on the Petitioner by requiring the capital

outlays necessary 

For

compliance wit:hoii~ rirsL allowing Petitioner

to

obtain

assistance from existing grant programs, and particularly

so when the Petitioner would be precluded from any reimbursement

from State/Federal grant funds if it 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

conclusions of law in this matter.

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654

—3—

ORDER

1. The City of Spring Valley 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 Proposal (R75-l5), whichever is earlier.

2. The City is required during the period of this variance

to maintain optimum operating efficiency and convey as much com-

bined sewer flow to the treatment plant as is possible.

3. The variance grant for Petitioner will immediately termi-

nate if Petitioner is offered a grant during this period and does

not respond with appropriate action to bring the combined sewer

system into compliance.

4. Within 35 days of the date of this Order, the City shall

submit to the Manager, Variance Section, Division of Water Pollu-

tion Control, Illinois Environmental Protection Agency, 2200

Churchill Road, Springfield, Illinois, 62706, an executed Certifi-

cation of Acceptance and agreement to be bound to all terms and

conditions of the variance. The form of said certification shall

be as follows:

CERTIFICATION

I, (We), ____________________________ having read

the Order of the Pollution Control Board in PCB 76-203,

understand and accept said Order, realizing that such

acceptance renders all terms and conditions thereto

binding and enforceable.

SIGNED

TITLE

DATE

IT IS SO ORDERED.

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655

—4—

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

Control Board, hereby certify the bove Opinion and Order were

adopted ~n the 

day of 

_________________,

1976 by a

ristan L. Moffett,  rk

Illinois Pollution  

,~1ol Board

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656