ILLINOIS POLLUTION CONTROL BOARD

June

3,

1976

SPRINGFIELD SANITARY DISTRICT,

Petitioner,

v.

)

pc_B 75—465

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Mr.

Raymond

L.

Terrell,

Drach,

Terreli

&

Deffenbaugh, appeared on

behalf of Petitioner.

Mr. Joseph E.

Svoboda, Attorney at Law,

appeared on behalf of

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

On December 10,

1975,

Springfield Sanitary District

(Springfield)

filed its Petition for Variance from Rule 602(d) (3)

of the Pollution

Control Board Water Regulations.

This Petition was amended to in-

clude

Rules

602(c),

602(b),

403 and 405 of the Water Regulations on

March

8,

1976.

The Environmental Protection Agency

(Agency)

filed

its Recommendation and Amended Recommendation on January 12 and

March 25,

1976,

respectively.

A hearing was held on April

7,

1976

in Springfield.

Springfield seeks the variance until October

30,

1978 or such reasonable time as

the Board may deem appropriate.

In

addition, Springfield seeks

an order requiring abatement of Water

Pollution in order that Springfield may issue general obligation or

revenue bonds pursuant to Section

46 of the Environmental Protection

Act.

The Agency recommends that variance be granted until July

1,

1977 except that in the event the Board adopts the Agency’s proposed

amendment to Rule 602(d) (3) then the variance from Rules

602(d) (3)

and 602(c) be granted until the effective date of said amendment.

Springfield is engaged in the collection, treatment and dis-

posal of wastewater within the territory of the District.

This

area includes the Village of Chatham.

The record reflects that

currently Springfield is in violation of Rules 602(b),

602(c),

403

and 405.

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Approximately

two-thirds

of

all

sewered

portions

of

the

area

served

by

Springfield

are

combined

sewers

(R.37).

Overflows are

greater than those allowed by Rule 602(c)

(R.37).

The combined

sewers receive both wastewater and land runoff.

In order to comply

with the requirements of the violated rules, Springfield intends to

implement a plan

known as the

Springfield Sanitary Regionalization

Plan.

The Plan includes

the construction of “Project A”

in the Outer

Park Drive area of Southwest Springfield.

This would include the con-

struction by September

30,

1977, of relief sewers and excess flow

bypass

(R,49).

“Project B” would include the installation of an inter-

ceptor sewer from the Village of Chatham to Springfield STP by

December 1,

1977

(R.50-l).

“Project C”,

the easterly regionalized

interceptor, would be completed by October 30,

1978

(R.57).

The total

cost for these improvements

is estimated to be $35,000,000

(R.55—9).

Springfield’s treatment plants have

a design capacity of

30 MCD.

The dry weather flow is

23 MCD.

The District has wastewater facili-

ties for complete treatment of up

to

75 MGD on a short term basis

with primary treatment for an additional 110 MGD

(R. 84).

If variance

is not granted, Springfield would become ineligible

to receive Federal Grant monies.

Springfield has received Step

I

Grant approval.

However,

unless it can show financial ability to

meet 25

of the costs of compliance, Federal grant monies

will not be

available

(R.98).

As Springfield does not have sufficient funds on

hand,

it must issue bonds

to cover its share of the costs

(R.89,

95-6).

Due to violation of Rule 602(b),

a portion of Springfield has

been under

an Agency imposed sewer ban since July 12,

1972.

The

Agency’s favorable recommendation is conditioned upon the variance

not affecting the restricted status of the area

(Amend.

Rec.

4).

In the past,

the Board has held that where a denial of variance

would result in the ineligibility for Federal Step Grants,

an arbi-

trary and unreasonable hardship would result from said denial.

Bloomington and Normal Sanitary District v. EPA

Pc_B 76-52

(May

6,

1976).

The Board will,

therefore, grant Petitioner the re-

lief requested.

However,

the grant of variance from Rule 602(b)

is

not to be construed to lift the Agency imposed sewer ban described

herein.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

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—3—

ORDER

It is the Order of the Board that the Springfield Sanitary Dis-

trict be granted variance from Rules 602(c),

602(d) (3),

602(b),

403

and 405 of Chapter

3, Water Pollution, Rules and Regulations

of the

Illinois Pollution Control Board,

until October

30,

1978 subject

to

the following conditions:

1.

The Springfield Sanitary District shall abate

its

discharge of inadequately treated combined sewer overflows as

required by Rule

602(c) of Chapter

3, Water Pollution,

Rules

and Regulations of the Illinois Pollution Control Board,

in

accordance with the project completion schedule containing

the following schedule:

a.

Completion of final plans and specifications

by September

1,

1976 in the western area of the District.

b.

Completion of construction by December 1,

1977

in the western area of the District.

c.

Completion of final plans and specifications by

June

30,

1977 in the eastern area of

the District.

d.

Completion of construction by October

30,

1978

in the eastern area of the District.

2.

The Springfield Sanitary

District shall abate over-

flows from sanitary sewers so as to comply with Rule 602(b)

of

Chapter

3,

Water Pollution,

Rules and Regulations of the

Illinois Pollution Control Board,

in accordance with the project

completion schedule containing the following schedule:

a.

Completion of final plans and specifications by

June

1,

1976.

b.

Completion of construction by September 30,

1977.

3.

The Springfield Sanitary District shall abate

the dis-

charge of effluent containing settleable solids,

floating debris,

visible oil,

grease

and

scum,

and effluent exceeding 400 fecal

coliforms per 100 ml.,

so as to comply with Rules 403 and 405 of

Chapter

3, Water Pollution,

Rules and Regulations of the Illinois

Pollution Control Board,

in accordance with the project comple-

tion schedule containing the following schedule:

a.

Completion of final plans and specifications by

22—33

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—4—

September 1,

1976 in the western area of the District.

b.

Completion of construction by December 1,

1977

in the western area of the District.

c.

Completion of final plans and specifications by

June

30,

1977 in the eastern area of the District.

d.

Completion of construction by October 31,

1978

in the eastern area of the District.

4.

This Order shall not be construed to lift the Agency

imposed sewer ban in portions of the District.

5.

The Variances granted herein shall be effective condi-

tioned upon Petitioner remaining eligible

for construction grant

funds.

6.

In the event that R75-15

is adopted by the Board,

then the variance from Rules

602(c)

and 602(d) (3)

shall cease

upon the effective date of said adoption.

7.

Within 28 days after the date of the Board Order herein

the Petitioner shall execute and forward to the Illinois Environ-

mental Protection Agency,

Manager, Variance Section, 2200

Churchhill Road, Springfield, Illinois 62706 and to the Pollution

Control Board a Certification 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 and fully

understanding the Order of the Illinois Pollution Control

Board in Pc_B

75-465 hereby accept said Order and agree to be

bound by all of the terms and conditions thereof.

SIGNED_______________________________

TITLE

DATE

22—34

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—5--

I, Christan L.

Moffett, Clerk of the Illinois Pollution Control

Board, 1W~ebycertify the above Opinion and Order were adopted on the

___________day of~

,

1976 by

a vote of

~

Illinois Pollution

Board