ILLINOIS
    POLLUTiON
    CONTROL BOARD
    February 27,
    1973
    CITY OF
    EAST
    MOLINE
    )
    )
    )
    v.
    )
    PCB 72-460
    )
    )
    ENVIRONMENTAL PROTECTION
    AGENCY
    )
    OPINION
    AND ORDER OF THE
    BOARD
    (by Mr.
    Dumelle)
    This is
    a petition for variance
    from Rule
    404
    (b)(i) of the Illinois Water
    Pollution
    Regulations
    which requires that
    no effluent
    whose untreated
    waste load is
    10, 000 population
    equivalents or more
    being discharged
    to
    the Mississippi
    River shall exceed
    20 mg/l
    ROD and
    25 mg/I
    suspended
    solids
    (SS) after
    December
    31,
    1973.
    Hearing was held on January
    16,
    1973.
    The City’s present
    sewage treatment
    plant provides
    only primary
    treatment
    and chlorination of its
    effluent.
    It discharges
    into
    Pool
    15
    of the Mississippi
    River.
    The plant has
    a design hydraulic
    capacity of
    4.5
    MGD with an average
    flow of
    around 3.0
    MCD.
    Any excess
    flow Is
    bypassed directly
    to the
    Mississippi
    River
    without treatment.
    The monthly operating
    report
    submitted
    by the
    City for July.
    1972
    showed 126
    mg/I
    BOD and
    55 mg/I
    58.
    The report
    for
    August,
    1972
    showed
    125 mg/i
    BOD and
    65 mg/I
    SS.
    The report
    for September,
    1972
    showed 123
    mg/l
    ROD and
    110 mg/i
    53.
    The Agency has
    also taken samples
    of the plant
    effluent.
    The
    same taken
    on
    July
    24,
    1972
    showed
    41
    mg/I
    ROD,
    55 mg/i
    85
    and
    78, 000/100 nil fecal
    coliforni.
    The sample taken on September
    20,
    1972
    showed 130 mg/l
    BOD,
    65
    mg/i
    55
    and 44, 000/100 ml fecal
    coliform.
    The sample taken on
    November 8.
    1972
    showed
    210 mg/I
    HOD and
    110 mg/l
    SS.
    The
    East
    Moline sewage tteatment
    plant
    was
    originally
    regulated
    by
    Sanitary
    Wnv’r
    Hoard Rule
    12
    under which
    they
    were
    not
    scheduled to begin
    construction
    of secondary
    treatment
    facilities
    until
    December,
    1976.
    On
    7— 15*

    -2-
    January
    19,
    1971.
    notice
    was
    itt’.
    en to the
    City that
    it
    would
    have
    to upgrade
    its
    plant to
    provide
    secondary
    trealinent
    by
    December
    31,
    1973,
    in accordance
    with
    the revised
    regulation
    R70-3
    adopted by
    the
    Roam
    on
    January
    6.
    lf’71.
    R70-3
    was thereafter
    superseded
    by
    Rule
    404
    tb)
    Ci) of thy’
    Water
    Regulations,
    from
    which this
    bariancc
    is
    requested.
    Some of the significant
    events
    occurring
    in the City’s
    abatement program
    were
    as follows.
    On
    July
    28.
    1968
    the
    (‘fly enierc’l
    into
    an engineering agree-
    ment with their
    consultant.
    On
    November
    27.
    1968 the
    consultant
    submitted
    to the City
    a master
    plan
    for the prim&rv
    plant
    expansion.
    In September,
    1969
    the
    City
    authorized
    the consultant to bc’~izswork
    on the
    expansion after
    com-
    pleting work on the interceptor
    sewer.
    In
    February,
    1970,
    the consultant
    received
    a
    letter
    from
    the
    Sanitary
    Water
    Hoard insisting
    upon secondary
    treatment.
    In 1lune,
    1071,
    a contract
    amendment
    was negotiated between the
    consultant
    and the
    City for the basic
    engineering
    to design
    a secondary
    treatment
    plant
    expansion to
    double
    plant
    capacity to
    7.1
    MCD.
    In August,
    1971 the consultant
    submitted
    to the City a time
    schedule for
    the secondary
    plant with a final
    completion
    chUe
    of
    December
    3,
    1973.
    Adhering to that
    schedule would
    have brought
    the City into compliance
    with
    Rule
    404
    (b)(l)
    of the Water
    Regulations.
    The
    following week that
    time
    schedule
    was
    submitted
    to the
    13i-State
    Planning
    Commission.
    A week later
    Ri-State
    recommended
    that
    Silvis,
    Illinois
    be
    included
    and that
    the original
    Metropolitan
    Sewer Plan
    not be
    changed.
    Two weeks later,
    on September
    23,
    1971,
    contract
    amendment
    number two
    to the basic
    engineering
    agreement
    was proposed
    which
    allowed the consultant to proceed
    with the industrial
    gauging and
    sampling program.
    On October
    12.
    1971.
    a letter
    from the
    Agency was received
    stating
    that
    while the original plan had been approved.
    the Agency was unable
    to determine
    an
    appropriate
    solution
    at that time.
    The
    Agency requested
    all relevant
    documents
    in the matter
    and,
    after review,
    was to give some
    conclusion on the matter.
    A
    week
    Later the Agency
    notified the City that it was on the
    critical
    review list for sewer
    extension.
    On November
    30,
    1971,
    the consultant
    presented to
    the City its
    complete
    report
    on the proposed
    plant pursuant
    to the earlier
    engineering
    agreements.
    Two days later
    the report
    was
    submitted
    to the Agency.
    On
    December
    7,
    1971,
    the
    City received
    a letter
    from
    the
    Agency stating that
    its policy
    will require
    that
    no
    additional
    volume
    of effluent from
    municipal
    sewage
    treatment
    plants
    be
    discharged into the
    Mississippi
    River pool
    above
    Darn
    No.
    15.
    On
    December
    22,
    197!,
    the
    engineering
    report
    was sent
    to
    RI-State
    for
    review.
    On .Ianuary
    12,
    1972.
    the
    Agency requested Bi-
    State
    to re-evaluate
    that portion
    of the
    Total Water
    Quality
    Management
    Plan
    which
    c’al1s for continued
    and increased
    discharges
    into Pool 15.
    A
    week later
    Hi-State
    approved
    the
    City’s
    plan but cautioned
    about final
    7—154

    -3-
    design until
    the Pool
    15 issue
    was settled.
    On January
    28,
    1972 the
    City received
    a notice of a hearing
    in Chicago which
    was then continued until
    March
    3,
    1972
    in Rock Island.
    On February
    17,
    1972,
    the Mayor ofthe
    City sent
    a letter
    to the Agency stating
    that the
    City had in
    good faith tried
    to keep on
    schedule
    in order to meet
    the
    December
    31,
    1973
    deadline
    but that
    due to recent
    developments
    it would be impossible
    to begin final design
    and meet
    the
    deadline until
    all parties
    agree
    on what is to be done.
    A
    week later
    at a
    meeting
    in Springfield,
    Bi-State
    agreed to
    study
    all
    available
    alternatives
    and
    report back to all parties
    involved.
    On March
    17.
    1972,
    Bi-State
    made that
    report to the Agency.
    On April
    5,
    1972,
    the Agency requested Bi-State
    to present
    a cost
    analysis
    of the vaFious alternatives
    in their report.
    On
    April
    28,
    1972,
    the
    City submitted to the Agency a grant
    application for the
    proposed
    7.1
    MCD plant.
    On June
    15,
    1972,
    the Agency agreed that the
    East Moline
    plant
    was the proper
    location for
    serving
    the East
    Moline
    -
    Silvis
    -
    Carbon Cliff
    -
    Hampton areas.
    On June 16,
    1972,
    there was
    a meeting in
    Springfield between the Agency,
    Silvis
    and East
    Moline where
    it was proposed
    that
    the plant
    size be increased
    to 11.1
    MCD due to
    enlarging
    the proposed
    area to
    be
    served by East
    Moline’s plant
    On July
    24,
    1972,
    there
    was a
    meeting held between
    East
    Moline,
    Silvis
    and Bi-State
    at which time
    East
    Moline’s
    consultant presented
    a new time
    schedule based upon
    an 11.1
    MCD
    plant
    which added six
    more
    months to the overall
    schedule.
    At
    that time
    the
    Agency had not yet approved the enlarged
    capacity.
    On September
    26.
    1972,
    the
    City sent a letter
    to the Agency expressing
    concern that there
    was still
    no
    answer from the Agency regarding approved plant
    capacity
    so that
    the
    City begin final
    design.
    On October
    18,
    1972.
    there
    was
    another letter
    sent to the Agency similar
    to the one
    sent September
    26.
    On October
    20,
    1972,
    the
    City received
    a letter
    from the
    Permit
    Section of the Agency stating
    that
    they could not
    approve the
    completion
    schedule because it extended
    past
    the
    December
    31,
    1973 deadline.
    On October
    24,
    1972,
    there
    was
    a letter
    sent by the Agency
    to the Federal
    Environmental
    Protection
    Agency finally
    approving the
    design
    capacity at
    11.1
    MCD.
    According to the
    City’s proposed
    time
    schedule,
    they are
    to
    submit
    their plans
    and
    specifications
    for the general
    construction
    contract
    to the
    Agency by June 2,
    1973.
    They plan to receive bids for the general
    construction
    contract by September
    8.
    1973.
    They plan to begin construction
    by October
    6,
    1973.
    They plan.to
    begin operating the expanded primary facilities
    by June 5,
    1974
    and finaliy they plan to have the secondary
    facilities
    in operation
    by
    December
    27.
    1975.
    The
    City submitted
    a Project
    Completion
    Schedule to the
    Agency on
    August 27,
    1972,
    pursuant
    to Rule
    1002 of the Water
    Regulations.
    Rule
    1002
    provides that such Schedule may only be approved
    if
    Its
    target
    completion
    7—155

    —4-
    dates
    indicate
    that.
    the
    project
    will
    he
    completed
    on
    or
    before
    the
    deadline
    dates
    set
    forth
    in
    the
    Regulations.
    Since
    the
    Cityts
    proposed
    schedule
    indicated
    that
    it
    would
    not
    be
    meeting
    the
    deadline
    of December
    31,
    1973
    for
    secondary
    treatment,
    it
    was
    not
    approved
    by
    the
    Agency.
    The
    Agency
    also
    points
    out
    that
    it
    will
    not
    he
    able
    to
    issue
    a permit
    to the
    City
    when the
    City
    submits
    its
    final
    plans
    and
    specifications
    because
    Rule
    921
    of
    the
    Water
    Regulations
    provides,
    in
    part,
    that
    no permit
    shall
    issue
    unless
    the
    applicant
    has
    an
    approved
    Project
    Completion
    Schedule
    pursuant
    to Rule
    1002.
    The
    Agency,
    in
    its
    recommendation,
    suggests
    that
    the City~spetition
    for
    variance
    should
    also
    be
    interpreted
    as
    a request
    for
    a variance
    from
    Rules
    921
    and
    1002
    also.
    The
    Agency
    goes
    on
    to
    recommend
    that
    not
    granting
    a
    variance
    from
    those
    two
    Rules
    would
    serve
    no
    useful
    purpose
    and will
    only result
    in further
    delay
    of this
    needed
    facility.
    We
    agree.
    We
    also
    find
    that
    the
    City has
    shown
    adequate
    proof
    to justify
    the
    granting
    of
    a variance
    from
    the
    December
    31,
    1973
    deadline
    for
    secondary
    treatment
    imposed
    by
    Rule
    404
    (b)
    (i)
    of
    the
    Water
    Regulations.
    They
    have
    made
    diligent
    efforts
    to
    comply
    but
    have
    not
    been
    able
    to because
    of
    the
    complicated
    situation
    resulting
    from
    the
    regional
    plant
    idea.
    We
    will
    not,
    however,
    be
    able
    to grant
    the
    variance
    until
    the
    requested
    date
    of
    December
    27,
    1975
    because
    of
    the
    one-year
    statutory
    limitation
    on
    variances.
    We
    will
    grant
    the
    variance
    for
    one
    year
    from
    the
    date
    of this
    opinion
    and order.
    At
    that time
    we will
    again
    look
    at
    the
    City1s
    progress
    on
    their
    proposed
    schedule
    and determine
    if an extension
    of the
    variance
    is
    appropriate.
    Adherence
    to
    the
    schedule
    set
    out
    below
    will
    be
    an
    important
    factor
    in
    granting
    extensions
    of
    this
    variance.
    This
    opinion
    constitutes
    the
    Board!s
    findings
    of
    fact
    and
    conclusions
    of
    law.
    ~RDE
    R
    1.
    The
    City
    of
    East
    Moline
    is granted
    a
    variance
    from
    Rules
    921
    and
    i002
    of
    the Water
    Regulations.
    2.
    The
    City
    is
    also
    granted
    a variance
    from
    Rule
    404
    (b)
    (I) until
    February
    27,
    1974
    on
    the
    following
    conditions:
    a.
    The
    City
    shall
    submit
    its
    plans
    and
    speciifi rations
    for
    the
    general
    construction
    contract
    to the
    Agency
    by
    June
    2,
    ii)73.
    b.
    The
    City
    shall
    receive
    bids
    for
    the
    general
    construction
    contract
    by
    September
    ~,
    H7~.
    7
    156

    -5—
    c.
    The
    City
    shall
    begin
    construction
    by
    October
    6,
    1973.
    3.
    Requests
    for
    extension
    of this
    variance
    shall
    he
    made
    at
    least
    90
    days
    prior
    to the
    expiration
    date.
    1,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Conlrol
    Board,
    hereby
    certify
    the
    above
    Opinion
    and
    Order
    were
    adopted
    on
    the
    ~
    7
    day
    of
    February,
    1973
    by
    a
    vote
    of
    3
    .
    /
    ~‘~‘/
    ~//~
    Christan
    U.
    Moffett,
    Clerk
    Illinois
    Poilut
    i on
    Control
    Roar
    d
    7
    15’

    I
    I

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