ILLINOIS POLLUTION CONTROL BOARD
    August 28, 1975
    CITY OF SILVIS, GREATER METROPOLITAN
    )
    AREA HOUSING AUTHORITY OF ROCK ISLAND
    )
    COUNTY, DDH PROPERTIES AND GRACE POMEROY)
    on her own behalf, and on behalf of all
    )
    those in her class desiring qove~nment
    )
    assisted rental housing for the elderly,)
    Petitioners,
    vs.
    )
    PCB 75—241
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Henss):
    Petitioners seek variance from Board Order No. 10 which
    was entered in EPA vs. City of Silvis, PCB 71-157, August 22,
    1972. Order No. 10 provides:
    “The Cities of Silvis and East Moline shall not
    permit the construction of any new sewers or other
    source of waste to their facilities, or any increase
    in the strength or concentration of waste discharged
    to their facilities unless permitted to do so, either
    by variance cr ot±erwise.”
    Petitioners seek relief in order to construct a 100-unit low
    income, high-rise apartment building for the elderly and handi-
    capped.
    The proposed facility, identified as Illinois Project 10—10,
    will be constructed pursuant to Section 23 of the Federal Housing
    ?1ct at 940 11th Avenue, Silvis, Rock Island County, Illinois.
    Greater Metropolitan Area Housing Authority of Rock Island County
    is the local housinci authority charged with the responsibility of
    developing and managing government assisted housing projects in
    certain areas of Rock Island County, including Silvis. The
    housing Authority states that it secured an allocation of 100
    units for City of Silvis and then extended invitations for
    proposals for the development of the facilities. DDH, a partner-
    ship, submitted a proposal pursuant to the invitation and was
    notified on April 21, 1975 that its proposal had been accepted by
    the Chicago office of the Department of Housing and Urban Development.
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    396

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    The petition states that Grace Pomeroy is qualified to
    move into a government assisted housing project and that she
    has been on a waiting list for such housing since 1973. It
    is alleged that she is one of a class of over 1400 qualified
    applicants on waiting lists of Housing Authorities located
    in Rock Island County. In the event Illinois Project 10—10
    cannot be constructed, Grace Pomeroy will have little oppor-
    tunity to move into a desirable government assisted rental unit
    in the near future.
    City of Silvis has been under a sewer connection ban since
    August 1969, a tota~.of 6 years. In City of Silvis vs. EPA,
    PCB 74-88, the Board noted that the treatment of sewage by City
    of Silvis has changed little since 1969:
    “The sewage problems in Silvis have existed too long.
    The community was slow in addressing these problems, but
    in recent years, the upgrading of the Silvis sewer system
    has been complicated by ‘regionalization’. In PCB 71-157
    the Board approved a plan for Silvis to complete con-
    struction of an interceptor main to the East Moline
    facility by the date when the City of East Moline completes
    the construction of its new and larger regional treatment
    facilities. Originally this completion date was to have
    been December 3~1973. Since that Order, a number of events
    have occurred including the impoundment of sewage treat-
    ment plant construction
    funds by President Nixon.
    Further
    aggravating this problem was the enactment of a provision
    in the Federal Water Pollution Control Act of 1972 stating
    that any municipality which starts construction before
    receiving a Federal grant is barred from any reimbursement
    from the Federal Government.”
    It now appears that City of Silvis has finally unsnarled
    its sewage treatment problems. A grant for construction of the
    interceptor sewer line was awarded by the Environmental Protection
    Agency on April l~, 1975. Petitioners state that the schedule
    for construction of the $737,000 interceptor sewer line is as
    follows:
    July 15, 1975
    -
    commence construction
    October 1, 1976
    -
    complete construction
    Upon completion of the interceptor line project, sewage from
    Silvis will receive secondary treatment in the East Moline
    regional sewage treatment plant.
    18
    397

    —3--
    Petitioners state that the developer cannot commence con-
    struction of the high-rise facility because an FHA mortgage
    will not be granted until EPA clearance is obtained. The
    developer is required by Section 23 of the Federal Housing Act
    to “commence construction and proceed diligently to completion
    or the Housing Assistance Contract will be terminated”, according
    to Petitioner. Without a variance, the contract will be
    terminated “causing an arbitrary and unreasonable hardship’t to
    Petitioners. It is expected that the proposed facility will
    generate 15,000 gallons of domestic sewage and 25.5 lbs. of BOD
    per day. It is claimed, however, that no injury would be imposed
    upon the public if variance is granted since the interceptor
    project “should be completed before the building can be con-
    structed and occupied”.
    The Agency reports that on June 28, 1974 Silvis was issued
    an NPDES permit, the terms of which required Silvis to adhere to
    the following schedule in construction of the interceptor:
    Commence construction
    September 30, 1974
    Progress reports
    June 30 and July 31, 1975
    Completion of construction
    December 31, 1975
    Operational level attained
    December 31, 1975
    Construction did not commence on September 30, 1974 as
    required by the NPDES permit and, since construction has not
    commenced even to this day, it is unlikely that the interceptor
    will be completed by December 31, 1975. The NPDES permit, which
    expires on December 31, 1975, requires Silvis to meet certain
    specified effluent limitations for DOD, suspended solids and
    fecal coliform bacteria during the term of the permit.
    The Agency also reports that East Moline has almost completed
    expansion of its regional sewage treatment plant from 3.5 MGD to
    11.1 MGD. A strike presently in progress has delayed completion
    of this expansion project. It is estima~ted that approximately one
    month will be required to finish the project once the strike is
    over. If this occurs “in the near future”, East Moline’s City
    Engineer believes
    the secondary treatment facilities could be
    completely installed by November 1975. The East Moline NPDES
    permit does not require completion of the secondary facilities
    until February 26, 1976.
    Assuming
    completion of the East Moline project by February 26,
    1976, completion of the Silvis interceptor
    project by October 1,
    1976 aud 18 months for construction of the high rise facility,
    the Aqarcy concluded that facilities to properly treat the
    additional waste water would be available upon completion of the
    high rise structure. It is estimated that the hydraulic and
    organic load on the Silvis sewage treatment plant would increase
    I)y 2.5 if wastewater is discharged from the high rise before the
    interceptor is on line.
    18
    398

    —4—
    Agency data obtained from
    monthly
    operating reports and
    Agency grab samples reveal that effluent from the Silvis sewage
    treatment plant continues to be seriously degraded:
    OPERATIONAL REPORTS
    DOD
    SETTLEABLE SOLIDS
    MONTH
    FLOW (MGD)
    ____
    mg/l
    Nov ‘74
    .411
    178.4
    2.53
    Dcc ‘74
    .410
    184.5
    2.6
    Jan ‘75
    .381
    240.0
    3.16
    Feb ‘75
    .375
    24G~5
    425
    Mar ‘75
    .494
    251.5
    3.83
    Apr ‘75
    .514
    199.6
    3.11
    AGENCY GRAB SAMPLES
    FECAL COLIFORM
    DATE
    BOD, mg/l
    SS,mcj/l
    No./l00 ml
    Sept. 9, 1974
    230
    130
    5,800,000
    Nov. 19, 1974
    80
    95
    3,900
    Jan. 29, 1974
    400
    140
    3,500,000
    Apr. 02, 1975
    130
    90
    200
    The Agency recommends the grant of variance on condition
    that no discharge be allowed from the high rise until the inter-
    ceptor project is completed and operational and until the East
    Moline regional treatmantplant upgrading is completed.
    Petitioners object to the Agency’s proposed condition, stating
    that the inability to connect to the sewage system upon completion
    of the high rise would “present an economic catastrophe”. Further,
    Petitioner states that final endorsement of the FHA mortgage
    insurance would not be possible without connection to the sewer
    system.
    Engineering consultants to City of Silvis are confident that
    construction of the interceptor sewer can commence by November 15,
    1975 and the interceptor can be completed and in operation by
    September 1, 1976
    hpro\Tided no
    unforeseen delays occur” (Petitioner
    Exhibit L). Based upon this schedule it appears that the inter-
    ceptor line would be in operation prior to completion of the high
    rise.
    The need for houaing suitable to requirements of the elderly
    and
    the handicapped in this
    area is
    well documented. A delay in
    construction could jeopardize the Federal loan required for this
    project. However, in view of the history of delays and in
    recognition of the possibility that there may be further delay in
    18
    399

    —5—
    completion of the Silvis interceptor project or the East
    Moline upgrading project, we find that the conditions
    suggested by the Agency are clearly justified.
    Petitioners are willing to “undertake the risk of con-
    struction, occupancy and financing” but not the “risk involved
    with the completion of the interceptor sewer”. This could
    indicate that Petitioners fear some slippage in the construction
    schedules for the sewer projects. With a waiting list of over
    1400, it would appear that occupancy for the 100 unit facility
    poses but minima risk f or Peti~ioners.
    We are willing to grant the variance only upon condition
    that the sewer connection from the apartment building not occur
    until after the Silvis interceptor comes on line. Important as
    this apartment project is, we find that public health considerations
    are paramount. Serious pollution could result if the wastes from
    this apartment are directed to the present Silvis sewage treatment
    plant. We hope that it is possible for construction to begin on
    all of the projects. However, we cannot relieve the developers of
    risk. It must be clearly understood that the sewer connection of
    this apartment building will occur only after the interceptor comes
    on line.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Illinois Pollution Control Board.
    ORDER
    It is the order of the Pollution Control Board that City of
    Silvis, et al is granted variance from Order No. 10 in EPA vs.
    City of Silvis, PCB 71-157, August 22, 1972. Said variance is
    limited to a proposed 100 unit apartment building to be located
    at 940 11th Avenue, Silvis, Illinois subject to the following
    conditions:
    1. The apartment building shall not be connected to
    the Silvis sewage treatment system until the interceptor
    line from Silvis to the East Moline regional treatment plant
    is completely constructed and in operation and until upgrading
    of the regional plant in East Moline is completed and
    operational.
    2. Within 35 days of the date of this Order, Petitioner
    shall execute and submit to the Manager, Variance Section,
    Division of Water Pollution Control, Illinois Environmental
    Protection Agency, 2200 Churchill Road, Springfield, Illinois
    62706, a Certification of Acceptance and agreement to be
    bound to all terms and conditions of this variance. The
    form of said certification shall be as follows:
    18— 400

    —6—
    CERT IF ICAT ION
    I (We), ______________________having
    read and fully
    understanding the Order of the Illinois Pollution Control Board
    in PCB 75-241 hereby accept said Order and agree to be bound by
    all terms and conditions thereof.
    Signed __________________________________
    Title
    _________________________________
    Date
    ________________________________
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify he ab ye Opinion and Order was ado ted the
    ____________day of
    _______________,
    1975 by a vote of
    __________
    Christan
    @~&M~
    L. Moffett,
    I. j~’4~
    Clerk
    Illinois Pollution Control Board
    18
    401

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