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
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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
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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
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