ILLINOIS POLLUTION CONTROL BOARD

October 25, 1984

DEPARTMENT OF THE ARMY,

)

Petitioner,

v.

)

PCB 84—86

)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

OPINION AND

ORDER

OF

THE

BOARD

(by

B.

Forcade):

This matter comes to the Board on a July 9,

1984,

Petition,

and an August 13 2~mendedPetition,

filed by the Department of the

Army, Rock Island District, Corps of Engineers (“Army”).

Army

seeks a five year variance from certain water quality standards,

in order to conduct maintenance dredging at selected locations on

the Illinois River.

On September 9, the Illinois Environmental

Protection Agency (~~AgencyR)filed a recommendation, on October

5, the Army filed a Reply to Agency Recommendation, and on

October 18,

the Agency filed an amended recommendation.

The

Agency recommends a grant of variance with conditions for three

years.

No objections were received, no hearing was held.

Army first sought relief from water quality standards in

a

provisional variance PCB 82—136.

On November 19, 1982, the Board

granted the provisional variance, subject to the conditions

requested by the Agency.

On February 28, 1983, in PCB 83—25,

Army filed a petition seeking a five year variance from water

quality standards to continue dredging.

On July 26, 1983,

the

Board granted a one year variance subject to conditions pre-

dominantly relating to monitoring dredging sites and providing

additional

information on dredging generally.

The July 26, Order

was slightly modified on September 8,

1983,

and January

12, 1984.

The entire record

in PCB 83—25 has been incorporated in the

present proceeding.

As with the prior cases, the Army now seeks

a variance from the enforcability of numerical water quality

standards relating to total

lead,

total cadmium, total hexavalent

chromium, ammonia nitrogen and un—ionized ammonia, dissolved

oxygen,

as well as the narrative standards concerning unnatural

sludge.

Army’s proposed activity and claimed hardship were explained

in greater detail in the Board’s July

26,

1983,

Opinion and Order

in PCB 83—25

(pp.

2—5).

Briefly, the Illinois River is a main

path~iayfor commerce.

When sedimentary material accumulates on

60-365

---

2

the bottom of the river navigation may be impeded.

Unless the

material

is removed the bui.d—up

of sediment could stop river

commerce,

Dredging to remove the sediments may be done by

mechanical

means,

such as clamshell, backhoe and dragline, or it

may be done by hydraulic means, such as cutterhead pipeline.

The

material dredqed from the river

(sediments and water)

may then be

disposed of

in

th*~waterway (open water disposal), on the shore

(bankline disposal),

or

in a confined disposal area.

I3oth the

dredging operation and

the

disposal operation may have adverse

water

quality impact:s,

Several factors may influence these

impacts including: characteristics of the material to be dredged

(sediment and ambient water), method of dredging, method of

disposair hydrologic

arid meterologic conditions.

Army contends

that it essentially has no control over when and how much dredging

will

be

needed

to ensure a safe navigation channel.

Army also

claims that if channel obstructions occur movement of four billion

dollars worth of commodities would be impaired, costing

as much

as $150 million annually for alternative transportation.

Dredging of the Illinois River has historically

(1952—1982)

occurred along

36.5 miles of the 150—mile length,

The most

relevant water quality monitoring data came from dredging under

variances in PCB 82—136 and 83—25.

While water quality viola-

tions do appear in the data,

it does not appear that dredging to

date has caused or significantly exacerbated water quality viola-

tions

(Final Report in PCB 83—25,

Enclosure

2),

While different

dredging events will not necessarily follow this pattern, the

data so far shows minimal water quality impact from dredging.

Consequently, on the factual record presented here, the Board

finds

that the anticipated adverse environmental consequences are

outweighed by the arbitrary and unreasonable hardship that would

he imposed

if the Illinois River became non—navigable to commerce.

The Board will grant variance.

With the exception of the term of variance, the Army and the

Agency are in agreement concerning the conditions,

These are,

in

essence,

the same conditions originally imposed by the Board in

PCB 83—25.

With minor exceptions, the Board will impose those

conditions here,

Army has requested a five year variance, while the Agency

recommends three years.

However, in the record before the Board

there is only meaningful data regarding water quality impacts

from

a single dredging event, where a 12—inch pipeline dredge was

utilized during a period of very high flow (resulting in maximum

dilution of impact).

The Board is reluctant to grant a lengthy

variance on so small

a data base.

Therefore, the Board will

grant

a two year variance hoping to acquire more information

before making a decision on a longer variance.

This should not

impose a significant burden on the parties as any future variance

request may incorporate the record here by reference,

reflecting

only new data or changed circumstances.

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3

There is one point of

confusion

in

the

present

record.

Army

has evaluated the ambient data in comparison to state water

quality standards for secondary contact and indigenous aquatic

life

(Final Report in PCB 83—25, Enclosure

2,

pp.

5,

17,

21).

Those standards do not apply to the Illinois River.

The General

Use water quality standards apply

and

it

is

from

those

standards

that

Army

has requested

the

variance.

Moreover, there may be

locations

where

public

and

food

processing

water

is

withdrawn

from the Illinois River.

In

such

cases,

the

water

quality

standards of Subpart

C

apply.

In

any

reports

concerning

future

variances, Army is

requested

to

evaluate

the

data

against

the

appropriate water quality standard.

For example, Tables

1,

2,

and

3

of

Enclosure

2 seem to indicate violations of the Board’s

General

Use water

quality

standards

for

copper.

Because

of

discrepancies in the Board’s previous Order between the

parameters

monitored,

those

for

which

variance

is

sought,

and

those

for

which

standards

exist,

the

Board

will

add

total

dissolved

solids

and

total

trivalent

chromium

to

the

list

of

parameters

to be

monitored.

Should

ammonia

nitrogen

exceed

1.5

mg/I,

the Board

expects

the

data

to

reflect

the

un—ionized

ammonia

as

derived

by

the

calculation

in

35

Ill.

Mm.

Code

302.212.

The Agency has requested that the Board clarify condition

10(c)(4)(d)

of the prior Order

(Rec.

¶10),

which

requires

monitoring at three points representative of the discharge of

dredged materia1~ When bankline

disposal

is

utilized,

a

portion

of

the

material/water

slurry

will

drain

back

into

the

waterway.

The

subject

condition

is

an

attempt

by

the

Board

to

acquire

information

on

the

character

and

pollutants

in

that

material

returning

to

the

waterway.

To

the

extent

it

is

possible,

the

Board

would

like

to

see

results;

if

it

is

not

possible

the

parties

may

explain

the

difficulties.

Army

has

requested

the

return

of

certain

documents

filed

in

this

proceeding

(Am.

Pet.,

¶2).

As

this

is

an

adjudicatory

proceeding,

the

Board

must

retain

possession

of

documents

on

which

it

relied.

However,

the

Army

may

make

arrangements

with

the

Clerk

of

the

Board to borrow the original documents for the

purpose

of

coyping

them.

If

Army

can

provide

the

Clerk

with

clear copies,

the Clerk may relinquish the originals to Army.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

Petitioner,

Department

of

Army,

Rock

Island

District,

Corps

of

Engineers,

is

granted

a

variance

from

Section

304,105

as

it

applies

to

Sections

302.203,

302.206,

302.208

(Total

Lead,

Total

Cadmium,

and

Total

Hexavalerit

Chromium

only),

and

302.212,

subject

to

the

following

conditions:

60-367

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4

1.

This variance will expire on November

1,

1986.

2.

This variance will apply only to violations of water quality

that may occur as a result of discharge of dredge material

coming from maintenance dredging of sediments not

meeting

illincis EPA 40? certification #C-l57-~82, and

only within

the

25 sites on the Illinois

River

Waterways

between

river

miles 80.2 and 230.2, as specified in Attachment No.

1 to

the Amended Petition for Variance filed on May 6,

1983, in

PCB

83—25~

For purposes of this Order these shall be known

as Paragraph No,

2 dredging events.

3.

Prior to beginning any dredging event, Petitioner shall

obtain sediment core samples at locations and

depths

within

the

reach

of the proposed dredge

cut

which

are

representative

of

that cut,

for the

purposes

of

determining

whether

such

cut is

a

Paragraph No.

2

dredging

event.

Sampling

and

analysis of

the

sediments

shall

be

determined

by

the

Petitioner

and the ~gency, but

shall

include

analysis

for

parameters

in

Paragraph

9~d).

4,

Petitioner shall

conduct

a

Paragraph

No.

2

dredging

event

only where necessary

to

ensure

safe

navigation,

and

the

length,

width

and

depth

of

any

such

event

shall

be

reduced

as

much

as

feasible,

consistent

with

providing

safe

navigation.

5.

For

any

Paragraph

No.

2 dredging event,

Petitioner shall

consider

and

evaluate

the

use

of

mechanical

dredging

with

bankline disposal,

as opposed to hydraulic

dredging,

for

any

such event under which less than

50,000

cubic

yards

will

be

dredged.

6.

For any Paragraph No.

2 dredging

event,

Petitioner

shall

use

all reasonable efforts, other than upland confined disposal,

to reduce the volume and character of discharges which

might

cause water

quality

violations,

Open water disposal is

prohibited.

7.

If

analysis

under

Paragraph

Nc.

3

or

Paragraph

9,

a) disclose

that

sediments

fail

Illinois

EPA

401 certification *C—157—82,

the Petitioner

shall immediately begin planning for the

location,

development

and construction of a confined disposal

facility, and investigate alternatives, innovative or otherwise,

for

controlling

pollutants

in a manner which minimizes the

need for confined disposal facilities.

Petitioner

shall

fully

cooperate with the Department of Transportation in

this

planning

effort.

8.

In advance of any necessary Paragraph No,

2 dredging

event,

Petitioner shall notify the Agency of

the

day

that

the

dredging project is scheduled to being.

60-368

---

5

9.

Petitioner shall conduct sampling and testing as follows:

a)

On an annual basis,

a survey of existing sediment and

water quality at the 11 sites identified in Attachment

#1

to the Amended Petition for

Variance

in

PCB

83—25

with a historical

dredging

frequency

average of once

every ten years

or

less,

No

less

than

three

sediment

core samples shall be

taken

from

each of the sites in

the areas and

to

the

depths

most

likely

to be dredged;

the

actual

number

of

core samples to be obtained shall

be

determined by the

Petitioner

and

the

Agency

based

on

the

size and

shape

of

the

area

to

be

dredged;

sediment

samples shall he

analyzed

as

set

forth

in Paragraph 9

d)..

At the time

sediment

samples

are

collected,

ambient

surface

and

mid—depth

grab

water

samples

shall

be

collected.

These

samples

shall be analyzed for:

water

temperature,

dissolved

oxygen,

pH,

specific

conductance,

and turbidity.

b)

The sampling and testing requirements of Paragraph

3 of

this Order.

c)

During any dredging project, whether a Paragraph No.

2

dredging event or not, water quality impacts

arid discharge

character

shall

he

monitored

as

follows:

(1)

Petitioner shall sample the following parameters

at a11 sampling points

listed

under

Paragraph 9,

c)

4:

specific conductance; turbidity;

oil

and

grease;

dissolved

oxygen; total suspended solids;

total dissolved solids; volatile suspended solids;

total ammonia nitrogen as N;

pH; water temperature;

lead (total);

zinc

(total);

arsenic

(total);

barium (total); cadmium

(total); chromium (total

hexavalent and total trivalent); copper (total);

mercury

(total);

nickel

(total);

and selenium

(total).

(2)

Sampling at the sampling points listed in

Paragraph

9 c),

4 shall be at surface and mid—depth elevations

between mid—channel and the bank on which disposal

occurs,

or

at

point representative of the discharge.

(3)

Sampling at

the

sampling point listed in Paragraph

9c)

,4

shall

be

done:

a~

on two consecutive days per week

if 12—inch

dredge is used;

b.

Daily if a 20—inch dredge is used;

60-369

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6

c.

For use of any other size

dredge,

sampling

thall be performed at a frequency in proportion

the amount of the discharge,

but not less

than two

consecutive

days

per

week

nor

more

than

once daily.

~4)

Sar~plinqshall be done at the following points:

a.

At

a

point upstream of the influence of the

dredging,

but

no

more

than

one—half

mile;

b.

At a point within

tributaries

entering

the

dredge cut,

if any,

upstream

of

backwater

effects hut

as

close

to

the

confluence

as

possible;

c.

At three points downstream

of

the

discharge:

1)

at half the distance to the periphery of

the mixing zone and 3) at twice the distance

to the periphery of the mixing

zone,

The

‘mixing zone~shall

be

defined

as an area

equal to 25 percent of the cross~sectiona1

area of the stream or the area of a circle

with a radius of 600 feet, whichever is less.

d.

At three points representative of the discharge

of dredged material.

d)

Sediment samples taken under

Paragraph

9

shall

be

analyzed for the

following

parameters

with

the

results

of all chemical analyses being expressed on a dry

weight basis:

grain size (based on

a U.S. #230 sieve),

oil

and

grease, total volatile solids, ammonia nitrogen,

five-day biochemical oxygen demand, total polychlorinated

biphenyl, arsenic, barium, cadmium,

chromium, copper,

mercury, nickel,

lead,

selenium, and

zinc,

10.

All sampling and analytical methods to be employed during

the variance period shall

follow procedures established by

Standard Methods for the

Examinatin

of Water and Wastewater,

15th Edition and Chemistry Laboratory Manual for Bottom

Sediments

and Elutriate Testing,

March 1979.

Both sampling

and

laboratory analyses shall provide for replicate testing.

Field

analyses

shall he performed by

trained

personnel

under

direct

supervision;

laboratory

analyses

shall

be

performed

by

certified

laboratories,

Ii.

By February 1,

1985, and annually thereafter for the duration

of the variance, Petitioner shall submit to the Agency the

results of sampling under Paragraph 9, the results of any

evaluation

under

Paragraph

5,

and

the

steps

taken

under

Paragraph

7,

if any,

in

planning

the

location

development

and construction of a confined disposal facility.

~flSt7fl

---

7

12.

Within forty-five days of the date

of

the

Board’s

Order

Petitioner shall submit the following Certificate of

Acceptance to

DWPC/Compliance

Assurance

Section.

CERTIFICATION

I,

(We),

—~

,

having

read and fully understanding the Order in PCB 84—86, hereby

accept that Order and agree to be bound by all of its terms and

conditions.

Petitioner

Authorized Agent

Title

Date

IT

IS

SO

ORDERED.

I,

Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby

certify

that

the

above

Opinion

and

Order

was

adopted

on

the

~Z~’

day of

~-z~i&’

,

1984 by a vote of

2.

Dorothy

M.4inn,

Clerk

Illinois Po~IlutionControl Board

60-371

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.

.