ILLINOIS POLLUTION CONTROL BOARI)
March 15, 1973
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CITY OF WYOMING
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v.
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PCB 72-296
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ENVIRONMENTAL PROTECTION AGENCY
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OPINION AND ORDER OF TIlE BOARD (by Mr. Dumelle)
This is a petition for variance from Rule 405 of the Illinois
Water Pollution Regulations which requires that no effluent
shall exceed 400 fecal coliforms per 100 ml after July 31, 1972.
Hearing was held on September
7,
1972.
The
existing facility at Wyoming consists of a primary-secondary
trickling filter type of sewage treatment plant with a design
capacity of around 1800 P.E. and discharges to
the
Spoon River.
Present loading, comprised of domestic and industrial wastes
from a local slaughterhouse, is estimated to be near the design
capacity of the plant. Portions of the collection system are in
poor condition due to structural failure and storm and ground water
in-filtration thus causing excess flows and bypass problems during
periods of wet weather. The population of the City is 1540. Three
tests conducted by the Agency between February and June, 1972
showed a fecal coliforin count ranging between 1.12 and .26 million
per 100 ml.
In May, 1970, the City retained an engineering consultant to under-
take a Comprehensive Sewerage Improvement Report which was finally
adopted by the City in January, 1971. To assure the local share of
financing, a $250,000 bond referendum was passed in August, 1971.
Federal and State Grant Applications for the $10,000 remaining on
the project are presently on file. The City is currently engaged
in negotiations for the land necessary for the proposed plant.
Since July, 1970 the City has made certain efforts to locate and
eliminate the sources of storm water and infiltration into
the
sanitary sewers. These efforts have included smoke testing, dye tests,
closed circuit television inspection, replacement of sewer lines,
installation of new storm sewer lines and removal of down spouts.
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Observations during severe rainfall conditions has indicated
that peak hourly flows and average daily flows have been reduced
considerably because of some of those methods used to reduce the
flow.
The proposed project provides for the conversion of the trickling
filter process to a one-cell aerated lagoon followed by a mechanically
equipped settling tank including chemical precipitation equipment.
Additional revisions and modifications to the existing units and
piping will also be undertaken. This will include chlorination
facilities for design.flows as well as wet weather flows. The
design capacity for the new facility will be 2600 P.E. organic and
0.28 MGI) hydraulic for average daily flows.
The final design of the proposed improvements was begun in November,
1971 with the execution of an engineering contract between the City
and its engineering consultant. The delay in completing the plans and
specifications was duE primarily to the issuance of Revised Technical
Policy 20-24 and the concerned need for supplemental treatment require-
ments for algae removal from tertiary stage stabilization lagoons.
The project is expected to be completed by October, 1973.
The City takes the position that it would impose an extreme financial
hardship if it would be required to install temporary chlorination
facilities. The estimated cost of such facilities would be $17,000
minus a salvage value of $5,500 leaving a net cost of around $11,500.
The total operating budget for the City is $13,000. There was testi-
moriy that it would take about six months to install such temporary
chlorination facility. On that time schedule it would be almost
October, 1973 before such temporary facility could be installed.
The Agency has recommended denial of this variance based upon lack
of progress toward construction and lack of information on injury
to the public resulting from a grant.
We cannot find the “arbitrary or unreasonable hardship” required under
the Act for the
Board to grant a variance (Sec.
35).
It appears that
the City could easily pay :for the temporary facility from its own
bond funds and then simply request an additional $11,500 in grant
funds. We realize that if the temporary facility were to be begun
now it would not be ready until the expected completion date •for the
permanent facility. We also realize, however, that the hearing in
this case was held on September 7, 1972 but that the petitioner did
not file the 71-page transcript thereof with the Board until
February 13, 1973, over five months later. If that transcript would
have been -filed earlier, then there would have been a definite benefit
to be derived from installing the temporary facility.
The Board also takes judicial notice of a proceeding filed before it
on March 7, 1973 by the Director of the Environmental Protection
Agency (R73-4) stating that Federally funded projects for the Fiscal
Year ending
June
30, 1973 will be delayed a year because Federal
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regulations and guidelines have not been oublished. Since the
City of Wyoming needs ar least $10,000 in Federal funds (R.42)
it seems apparent that the October
1073 completion date is
no longer realistic but in fact may become October, 1974. Thus
with possibly 19-months left before completion, the temporary
chlorination becomes more feasible from a financial standpoint, and
will protect the public for a lonoer period. Thould Wyominc decide
to apply for full 75 Federal aid to the project the delay miqht
be longer depending upon the priority rating it receives.
We would point out that it is not in Wyoming’s interest to delay
the permanent expansion. Even if it were to raise the needed
$10,000 itself it would be $1,500 ahead over the net cost of tem-
porary chlorination assuming this were also to come from its own
funds.
We are also not satisfied with Wyoming’s proofs in this case.
No data were presented on the bacteriological effects upon the
Spoon River (R.44) nor was any information given as to swimming
usage in this river or water supply withdrawals. The Board realizes
that a community of 1,563 cannot afford sophisticated proofs but
more could have benn done. Lastly, the Board has heard testimony
in a similar case that temporary chlorinating equiprient can be set
up in a short time at low cost (City of Granite City v. EPA, PCB72-
184, 371, February, 1973)
.
The large costs seem to be in orovidinq
a contact chamber. Yet this record does not tell whether the out-
fall pipe or the Spoon River can serve as the contact chamber to
give the requisite 12—15 minutes detention time.
The petition for variance is denied without prejudice.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order were adopted
on the 15th day of March, 1973 by a vote of 4-0.
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