ILLINOIS POLLUTION CONTROL BOARD
March
8,
1973
ENVIRONMENTAL PROTECTION AGENCY
*71-355
V.
CITY OF JACKSONVILLE
OPINION AND ORDER OF THE BOARD
(BY SAMUEL T.
LAWTON,
JR..):
On May 23,
1972, we entered our Opinion and Order on the Agency’s
complaint, which had alleged violation of Section 12(a)
of the Environ-
mental Protection Act on four occasions,
as a consequence of the City’s
discharge of contaminants
from its power and water treatment facilities
into Mauvaise Terre Creek,
a tributary to the Illinois River.
The
case was decided principally on the basis of a stipulation filed on
February 25,
1972, which conceded the heavy discharge of lime sludge
into the creek and suspended solids sampling demonstrating violations,
as alleged.
The opinion pointed out, however,
that the most significant
issue was the remedial abatement program and the need to take immediate
steps to clean up the creek and the settling lagoons which have been
caked
with lime sludge, causing overflowing and the continuing pollu-
tion of the creek.
Our Order provided as follows:
“It is therefore ordered that the City of Jacksonville abate
pollution of Mauvaise Terre Creek in accordance with the following pro-
gram:
1.
The City shall proceed with all reasonable dispatch
to eliminate the overflow of lime sludge from its water
plant by the increase in the height of its lagoon berm,
the same to be completed by June 1,
1972.
The City shall
remove the existing lime sludge in its lagoons under the
City’s contract with K.
E.
Vas Co., promptly upon the
Company receiving a permit for its disposal site from the
Environmental
Protection
Agency,
or
by
any
alternative
disposal
means
which
is permitted
by
the
Agency.
That.
further, City is hereby ordered to proceed promptly
to complete its plans and specifications for the installation
of its lime sludge dewatering equipment and process and to
provide that the liquid effluent from its water sludge la-
goons be placed into the sanitary sewage system of said City.
That complete plans and specifications are
to be submitted
to the Agency by August 1,
1972, and construction
to be
completed within 10 months of the date on which
a permit
is
issued
by
the
Agency.
2.
That it is
further ordered that the City of Jacksonville
cease and desist from allowing chromium and oil wastes
to be deposited into
Mauvaise
Terre Creek from City’s
electric plant.
That the City cease and desist the use
of rust inhibitor containing chromium in its power plant.
That the City further promptly complete construction of
necessary facilities/for placing its water effluent from
its power plant into the City’s sanitary sewer collection
system.
Said work
is
to be completed by June 15,
1972.
3.
That within
35 days of the date of this Order, the City
shall post a bond in the amount of Ten Thousand Dollars
($10,000) and in
a form satisfactory
to the Agency to
guarantee performance of the preceding orders.
4.
The City of Jacksonville shall, within thirty days hereof,
submit to the Board and to the Agency a program for totally
removing all lime sludge and any other contaminants which
have become deposited in Mauvaise Terre Creek as a result
of its discharges,
or,
in the alternative,
proof that such
a program is not economically feasible.
The Agency shall
comment upon such program or proof within 20 days thereafter.
This proceeding remains open for such further order as the
Board may deem appropriate on this
issue.
5.
The City shall, within fifteen days hereof, submit to the
Board and the Agency a complete written report indicating
exactly what steps remain in its program for abating con-
tinuing discharges along with the expected completion dates
of each step.
Thereafter, every thirty days,
the City shall
submit a full progress report on the program.
6.
The City shall pay to the State of Illinois, within thirty
days hereof,
the sum of One Thousand Dollars
($1,000)
as
a
penalty for the violations
found in this opinion.
Payment
shall be made payable to the State of Illinois and sent to
the Environmental Protection Agency, Fiscal Services Division,
2200 Churchill Drive, Springfield,
Illinois 62706.”
On June 20,
1972,
a further Order of the Board was entered modi-
fying the second subparagraph of paragraph
1
of
the
Board’s
Order,
0
read as
follows:
“That further, City
is hereby ordered to proceed promptly
to complete its plans and specifications for the installa-
tion of its lime sludge dewatering equipment and process
to provide that the liquid effluent from its water sludge
lagoons be placed into the sanitary
sewage
system
of~iid
City or such other suitable alternative plan for dispi~sa1
of
lime
sludge
and
effluent
from
the
lagoons
that
meets
the
standards and approval of the Agency.
That complete plans
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182
and specifications. are to be submitted to the Agency by
August 1,
1972, and construction to be completed within
ten
(10) months of the date a permit
is issued by the
Agency.”
Words underlined were added by the amendment.
On June 22,
1972,
the City filed a program pursuant to paragraph
4
of the May 23,
1972 order with respect to the removal of lime sludge
and other contaminants now deposited in the creek.
The program proposed
two possible methods of reclamation,
the first being the cleaning
of the existing creek channel, which would
cost approximately $600,000
and the second being a relocation of the stream channel to a line
par.dlel to and approximately 40 feet from the existing channel.
The
cost of relocation would be ap~toximately$200,000 and would take
between
4 and
6 months for initial surveying,
land acquisition and
financing and three additional months for channel construction which
.ould only be done between June and September, which were periods of
minimal
flow.
The submission asks that the decision on the reclama-
tion be deferred until Ju~ 1,
1974.
On June 29,
1972,
the Agency filed its comments on the program
indicating that it could not approve the program,
as proposed, parti-
cularly in view of the suggested deferral of decision until
June 1,
1974.
It was stated that additional information would be needed as
to the
anticipated cost for cleaning,
the time involved for either cleaning
or relocation and more detail relative to the relocation program.
On July
26,
1972,
the City filed a response to the Agency’s
comments detailing the cost anticipated if the reclaiming and cleaning
werefollowed which totalled $600,000 and time projections for both
reclaiming and relocation which,
in each instance, would entail
a
total of 390 days,
or approximately
13 months.
On July 18, the Board had authorized further hearings on this
matter ~s a result of the various
submissions made.
On October
10,
1972,
a further comment was filed by the Environmental Protection Agency
commenting on the stream relocation program and the stream reclamation
program, again disagreeing with the deferral of decision until
June 1,
1974 but not indicating
a preference as to which method, that of
reclamation or relocation, be followed by the City.
Hearing had been set for January
10,
1973.
On December 11,
1972,
we received a motion from the Environmental Protection Agency to dis-
pense with hearing, reciting the submission of the various documents
outlined above and asking the Board to enter an Order based on all of
the documents before it, which motion was concurred in by the City.
On December 12,
1972, we entered an Order stating that upon review of the
various
documents
filed,
we
were
unable
to
discern
precisely
what
the
~$ency’s attitude is on the various alternative programs submitted on
behalf of Respondent and directing that the hearings proceed so that
the
Board
could
be
fully
cognizant
of
the
Agency’s
attitude with respect
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18~
thereto.
Hearingwas held in Jacksonville on Tanuary 24,
1973 at which
time the City indicated that it preferred to pursue the program
calling for the relocation of the stream which,
in addition to costing
approximately one—third of what stream reclamation would cost, would
have significant environmental advantages, would minimize the inter-
ference with the foliage and would provide for the burying of the
lime sludge presently in the creek bed which would be abandoned as
a consequence of the new realignment.
The plan proposed would eliminate the need for hauling away the
lime sludge and the need for finding a facility where
it could be
buried.
Exhibit
14, introduced in evidence, delineated both the
present channel location and the proposed relocation alignment.
The
testimony indicated the difference between a $200,000 expenditure for
relocation and $600,000 for reclamation.
Earth removed by excavation
of the new channel location would be used to bury the lime sludge in
the existing channel
(R.
15).
The program would minimize the need
for installation of access roads and lessen the damage to the natural
growth.
The configuration of the new channel would also enable
improved flow characteristics and minimize the likelihood of flood
and overflows
CR.
17).
Natural habitat would be relocated, where
possible, and seeding and planting of trees would take place.
A
holding pond would be constructed at the north end of the proposed
area to collect all lime sludge during the construction period.
The
program requires the approval of the State Division of Waterways
(R.2l).
It appears that both the City and the Agency are in agreement that the
relocation program
is preferrable and will,
if followed
as proposed in
all respects ,result in compliance with the Board’s Order.
We do not
have a precise time schedule which can be used as the basis of
a
Board Order as we recognize that there are still several unresolved
areas in respect to financing and land acquisition.
We do, however,
approve the program for relocation as submitted and will direct the
City and the Agency to expedite its fulfillment.
This opinion constitutes the findings of fact and conclusions
of law of the Board.
IT IS
THE
ORDER of the Pollution Control Board that the program
of relocation of Mauvaise Terre Creek be implemented and completed
at the earliest practicable date pursuant to Exhibit 14,
the submissions
of the City of Jacksonville and the testimony of witnesses heard at
the hearing of January 24,
1973.
Within
30 days
from the date hereof,
the City shall
file with the Agency and the Board a proposed time sche-
dule specifying the anticipated dates
for submission of finalized
plans
for relocation,
obtaining of the necessary financing,
land ac-
quisition,
permit approval, initiation of construction and completion
of
the program.
The Board reserves jurisdiction of the matter for
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such other and further orders as may be appropriate.
I, Christan Moffett, Clerk of the Illinois Pollution Control Bo~rd,
certify that the above Opinion and Order was adopted on the
3’
day of March,
1973,
by a vote of
3
to
o
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