ILLINOIS POLLUTION CONTROL BOARD
    January
    6,
    1971
    In the Matter
    of:
    R 70—17
    DU PAGE COUNTY REGIONALIZATION
    Opinion of the Board
    (by Mr.
    Kissel):
    With
    the adoption of regulations regarding DuPage County
    Sewage Regionalization,
    R 70—17,
    the Board
    takes
    a most signi-
    ficant step forward in the conversion of the resources
    of the
    State
    -—
    both natural and economic resources.
    Natural resour-
    ces, since
    the efficient operation of
    a series of strategically
    located regional plants will greatly minimize the pollutional
    load upon the DuPage County streams,
    thereby enhancing the use
    of
    the water resources
    in the County.
    Economic resources,
    since
    over
    the long—term period of years regional plants will result
    in significant dollars saved, both
    in construction
    and operating
    costs.
    The adoption of this regulation insists that there be co-
    operation between the various governmental entities
    and private
    utilities whose statutory function includes sewage treatment.
    This cooperation will have to exist at the local
    level
    in order
    that
    a regional solution can be reached.
    Finally,
    this regulation
    imposes
    a time limit to reach
    that solution.
    As
    sevei&al days
    of hearings
    in DuPage County made abundantly clear, sufficient
    vacillation and position jockeying have occurred over the past
    fifteen years
    to demand that time limitations
    be imposed.
    Though
    this regulation does not anticipate immediate implementation of the
    Regional Program,
    it does demand that compliance be obtained over
    a reasonable period of time.
    The hearing record in this regulatory matter demonstrates
    that
    the actual structuring of
    a regional solution to the prolif-
    eration of sewage treatment facilities
    in DuPage County must
    take place at the local level.
    Though the hearings received
    evidence
    as to the
    size, growth,
    and operation of the various
    treatment plants
    in the County,
    a much more localized hearing will
    be necessary in order
    to determine how each plant will fit into the
    projected growth pattern of the region,
    the suitability and pro-
    jected physical
    life of each plant, and
    the geographic, political,
    and
    economic realities regarding the operation
    of each plant.
    To
    this end,
    the Board has incorporated into the regulation the DuPage
    3—
    385

    County Wastewater Regions map adopted by
    the Northeastern
    Illinois
    Planning Commission
    (NIPC); hearings will be held in each NIPC
    Region in order to determine that Region’s Regional Plan.
    The
    Board will designate
    a Hearing Officer for each NIPC Region; he
    will be empowered to hold hearings
    on
    a Regional Plan and make
    recommendations
    to the Board.
    The Board shall then determine
    a
    Regional Program for each Region and give final approval to
    a
    Regional Wastewater Program for DuPage County.
    THE
    NEED FOR REGIONALIZATION
    The multiplicity of overlapping local governmental units was
    never better i~lustratedthan in the proliferation of entities
    involved in the treatment of sewage in DuPage County.
    DuPage has
    sprouted an inordinate number of seperate sewage treatment plants
    (81
    in 1970,
    R.
    342), many of them small
    indeed, and in many cases
    quite close
    to one another.
    Recent urban expansion away from
    Chicago has given DuPage
    a high population density and a consider-
    able
    total population
    --
    factors which favor regionalization of
    facilities, not fractionalization.
    Further,
    the topography of the
    County
    is such as
    to allow, inexpensive transport of sewage to cen-
    tral locations.
    Testimony received at the hearings
    in February and July,
    1971,
    established that unnecessarily small plants constitute
    a threat of
    pollution.
    The Agency indicated that plants operating at larger
    capacities can generally be staffed with more competent personnel
    and
    can provide 24—hour operator coverage to insure proper operation.
    In its experience,
    the Agency has found that lack of proper opera-
    tion
    is
    one
    of the largest single factors toward th~degradation
    of water quality in Illinois streams
    (R.
    339).
    Dr.
    Pfeffer of the
    Institute for Envrionmental Quality stressed that more competent
    operators were necessary in order to install an activated sludge
    sewage treatment plant; such
    a facility is capable of producing
    a
    higher quality of effluent than the less effective trickling filter
    operation
    (R.
    183).
    The Board has recognized this fact by p~e-
    scribing less stringent effluent standards for small plants
    (e.g.
    SWB-l2,
    SWB-13,
    as amended by #R 70-3, January,
    1971).
    Thus, when
    an area
    can
    support
    a larger sewage treatment facility,
    this Board
    must insist,
    in the interest of maintaining water quality, that
    this
    higher degree of treatment be provided.
    Dr. Pfeffer also noted the
    probability that advanced waste treatment methods required
    now
    or
    in the future will likewise be beyond the effective competence of
    small plants and their operators.
    For example,
    should some manner
    of ammonia nitrogen removal be required,
    (cf.
    Institute proposal
    of December
    14,
    1971),
    increased sophistication of operation wou~Ld
    be demanded in the plant management.
    3— 38gb

    The Agency also cited several other reasons
    for arger,
    more
    efficient facilities when possible.
    To operate the biological
    processes
    of a sewage treatment plant, accurate laboratory control
    tests are required.
    Such tests can only be made at plants properly
    staffed with qualified chemists
    CR.
    339).
    Only the larger plant
    can maintain such facilities.
    Plants with larger capacities
    generally have three or more units designed for a function,
    thereby permitting any unit to be taken out of service for re-
    pairs, increasing the load to the other units by less than
    50.
    At smaller plants, generally only two units are provided for a
    function;
    these then become 100
    overloaded when one unit is
    removed from service.
    Dr. Pfeffer gra~~hicallydescribed such
    backup capacity:
    “You have generally multiple units, which,
    if
    one of the particular units becomes inactivated for
    some reason, you can increase the load slightly to
    the remaining unit without markedly affecting the
    efficiency.
    If ydu are sitting here with
    a small
    plant that has one primary clarifier and you have
    to shut that clarifier down
    to replace the mechanism
    then all that water is bypassed,
    and in the past
    it has been letting raw sewage into the stream
    .
    .
    CR.
    185)
    In addition, plants at larger capacities are not as susceptible to
    plant upset due to infiltration of storm water or inadvertent slugs
    of industrial wastes, since the larger facility has an inherent
    dilution capability.
    Larger capacity plants serve larger areas
    and,
    as such,
    the daily peak flows are a smaller percentage of the
    design average flow; this results in better overall daily treatment
    CR.
    440).
    The larger sewage treatment facility also incorporates
    several financial economies of scale.
    The Agency indicated that
    larger capacity plants generally have lower capital costs and lower
    operating and maintenance costs per million gallons.
    Pfeffer’s
    testimony established this in detail
    (R. 176-82).
    Op~ratingcosts
    for a plant treating one million gallons per day are three times
    those
    of a plant treating 100 million gallons, on
    a per—gallon
    basis; construction costs are considerably higher as well.
    A
    study of the savings attained by regional sewage treatment was
    made in the area comprising Albany County, New York.
    For each of
    the eight affected municipalities to treat its own sewage would
    have cost $78.5 million, required 110 operating. personnel, and
    cost $29.0 million for the first year.
    A regional two-plant
    system cost $53.1 million, required only
    35 operators,
    and
    was
    obtained at half the per capita cost.
    3S7

    The above evidence conclusively establishes the need for
    a
    Regional Sewage Treatment Program in DuPage County.
    This Board’s
    conviction that a Regional Program is necessary for DuPage is
    supported by numerous groups within the County.
    The County has
    been pressing for regionalization since 1956
    (R.
    27).
    In February,
    1971,
    the DuPage County Mayors and Managers Conference adopted
    a plan for regional treatment
    (R.
    9).
    The County Board subse-
    quently went
    on record as favoring the plan
    (R.
    473).
    In 1968,
    the DuPage County Association of Sanitary Distric-ts endorsed a
    plan for regional treatment
    (R.
    20).
    A regional solution, all the parties contend, awaits the
    designation of a county-wide agency with exclusive authority to
    construct and operate sewage treatment facilities throughout the
    county,
    and with adequate authority to raise money by appro-
    priate means.
    Several bills introduced in the most recent legisla-
    tive session would establish various regional authorities with the
    requisite financial powers, but all languished for lack of con-
    sensus over who is to b~put in charge, who abolished and who
    expanded.
    (Cf. House Bills 1799, 2060, and 2613).
    This Board
    does not believe that it need await the establishment of
    a
    county-wide agency before
    a regional progran~can be implemented.
    By the use of the powers granted them under the existing
    statutes,
    the present governmental entities in DuPage County can
    begin to move toward regionalization of sewage treatment facili-
    ties.
    The County, all municipalities, and all sanitary districts
    have authority to construct, acquire, and operate sewage treatment
    facilities
    (Ill.
    Rev. State, Ch.
    24, Sec.
    11—141—2
    (municipalities);
    Ch.
    34,
    Sec.
    3111
    (counties);
    Ch.
    42, Secs.
    306,
    306.1
    (sanitary
    districts)).
    All have the power of condemnation without regard
    for municipal or sanitary district boundaries.
    (Ch.
    24, Sec.
    11—141—2;
    Ch.
    34,
    Sec.
    311&;
    Ch.
    42, Sec.
    307).
    Municipalities and
    sanitary districts may accept and treat sewage from outside their
    boundaries
    (Ch.
    24, Sec.
    11—146—1; Ch.
    42, Sec.
    316); may contract
    with one another, if adjacent for the common construction or use
    of facilities
    (Ch.
    24,
    Sec.
    11—147—1);
    and may contract for the
    county to provide sewage treatment, with the local government
    paying its share of costs
    (Ch.
    24,
    Sec.
    11—147—5; Ch.
    34,
    Sec.
    3131)
    All these governmental bodies have authority to raise funds by
    revenue and general obligation bonds, by user and connection
    charges, by general taxation, and by special assessment under the
    new Constitution effective last July 1
    (R. 168).
    Under the hear-
    ings
    to be held under this regulation, it is the Board’s intent
    that the full use of such statutory authority be explored.
    3
    388

    EXPLANATION
    OF THE REGULATION
    In summary,
    the following steps would take place under the
    regulation.
    The Board will appoint a Hearing Officer for each of
    the nine regions.
    He will convene the various Parties in that
    region.
    The Parties shall then submit a Regional Plan to the
    Hearing Officer, who shall conduct hearings of these submissions
    and make recommendations
    to the Board.
    The Board shall then
    determine a Regional Program for each region and, after notice and
    publication,
    give its final approval to a Regional Wastewater
    Treatment Program for DuPage County.
    It
    is anticipated that all
    of the above steps will occur within approximately ten months of
    the adoption of this regulation.
    The nine regions which the Board has designated are those
    which were approved by the Northeastern Illinois Planning Commission
    October 21,
    1971.
    A DuPage County map designating those regions
    was prepared for the Board by NIPC and was made a part of this
    Chapter.
    For the purposes of the hearings under this regulation,
    those areas marked for the National Accelerator Laboratory and
    for the Bartlett—Hanover Park Wastewater Sector shall be considered
    as part of the northwest region on the map.
    Since the Proposed
    Final Draft of this Part was published for purposes of public
    comment November 23,
    1971,
    the Board has received several comments
    from various municipalities and sanitary districts expressing
    particular reservations about one or another boundary line of a
    particular region.
    With adoption today, we do not change any of
    those boundaries originally proposed.
    Such minor changes as were
    suggested can be worked out by the various Hearing Officers and
    the Parties upon a proper showing in the course of the hearings.
    The County of DuPage,
    all municipalities,
    sanitary districts,
    and public utilities presently having responsibility for the treat-
    ment of sewage in DuPage County shall be Parties in these pro-
    ceedings.
    Since the Board’s original proposal June
    9,
    1971, public
    utilities have been added as Parties.
    Such addition is principally
    due to the Agency’s testimony that utility sewage treatment
    facilities have not been responsive to the pollution control pro-
    grams of the State
    (R.
    344).
    A Regional Program would then
    dictate that such facilities be phased out in favor of goverment-
    operated facilities capable of exercising bonding power and re-
    ceiving State and Federal financial grants.
    The Board shall designate a Hearing Officer for each of the
    nine regions.
    His initial responsibility will be to bring all the
    Parties within a particular region together.
    Working through the
    Board, his activities
    in
    a particular region shall be coordinated
    wit.h that of Hearing Officers in neighboring regions.
    Once the
    Hearings Officer convenes the Parties, he shall direct their efforts

    to the preparation of a Regional Plan.
    He can schedule such
    public hearings, meetings, or pre-hearing conferences as he deems
    necessary.
    In any case, by April
    1,
    1972,
    all the Parties within
    a particular region shall submit a “Regional Plan” to the Hearing
    Officer and to the Agency.
    This Regional
    Plan may be submitted
    either jointly or individually by the Parties.
    This Plan should
    be structured in substantial accordance with the Regional Waste—
    water Plan approved by NIPC October
    21,
    1971.
    Rule 1106 of this Part sets forth in ample detail the contents
    of the Regional Plan.
    Of particular note is
    a “phase—in, phase-out”
    schedule for each of the affected or proposed plants or plant ex-
    pansions.
    The Plan must also contain a commitment as
    to which
    governmental entity will operate the plants and how such operation
    and expansion will be financed.
    Since the construction and main-
    tenance of interceptor sewers is an integral part of the operation
    of
    a sewage treatment plant,
    a commitment is also demanded in
    this regard.
    Further, the Plan must be consonant with County and
    regional comprehensive growth and land—use planning.
    In other
    words,
    the sewage treatment facility must constitute an adequate
    service facility for the area which it serves and intends to serve.
    The regulation also marks the first time that the Board has
    sought a recommendation from its Hearing Officers.
    Upon receipt
    of the Regional Plan, the Hearing Officer shall hold such further
    hearings as may be necessary in order for him to formulate recom-
    mendations to the Board by July
    1,
    1972.
    Rule 1107(b)
    indicates
    the contents of such a recommendation to the Board.
    Basically,
    the Rule seeks a “physical” layout from the Hearing Officer
    as to
    phasing out of plants, designation of new, interim or remote
    facilities, and construction of interceptors to accomodate new or
    expanded facilities.
    The Hearing Officer~mustalso designate the
    governmental agency or agencies which will assume responsibility
    for treatment of sewage within his particular region.
    In making
    his recommendations to the Board, Rule 1107(c) proposes several
    considerations
    to the Hearing Officer.
    Two are of especially great
    importance.
    Provision may be made
    in the Regional Plan for con-
    tinued service by smaller plants in areas remote from regional
    treatment facilities.
    Such a provision only underscores the Board’s
    insistence that the Plan be technically and economically reasonable.
    Further, the Hearing Officer must take into account the service
    needed in areas presently unsewered.
    Rule 1111 provides that these
    areas md~th&~ethei~interests fully considered in these proceed-
    ings and places such burdé~riThponthe Hearing Officer and the Agency.
    This concern over presently unserviced areas was one of the reasons
    3
    390

    for the Board’s hesitation to adopt a county-wide regional plan
    based upon the hearings already held in 1971.
    Before
    a Regional
    Program can be approved,
    the Board must be assured that such un—
    serviced areas
    are guaranteed service on a reasonable cost basis
    and only on reasonable conditions.
    The Board views sewage treat-
    ment facilities
    as a public service commodity which
    is to be
    provided in anticipation of and in response to the needs of the
    community.
    Planning for sewage treatment services and facilities
    is
    a vital part of community growth.
    Rule 1108 indicates the contents of
    a Regional Program to
    be issued by
    the Board.
    Again, the Regional Program must establish
    the physical pattern of “phase-in, phase-out”
    of treatment plant
    and transport system expansion,
    and of new plant construction.
    Such
    should be
    in accordance with economic and technical feasibility and
    should take into account the predicted regional growth in the
    County.
    Most importantly, the Program must designate the govern-
    mental agency or agencies which will be responsible for sewage
    treatment within each of the nine regions.
    The Environmental Protection Agency will participate in each
    of the proceedings in each region.
    It will also file a stated
    written recommendation for each region and for each treatment
    plant.
    The Agency shall also air in the enforcement of this Part
    by denying permits for any facility which does not conform with
    the Regional Program.
    Rule 1113 proposes only two exceptions to
    such a policy:
    for interim facilities in the event of a demon-
    strated emergency;
    for facilities of such small capacity as to
    create only an insignificant risk of inadequate treatment.
    Overriding all other considerations under this Part, of course,
    is the Board’s insistence that this regulation in no way relieves
    any person from the obligation
    to comply in all respects with exist-
    ing and future regulations, both as
    to water quality standards and
    as to the implementation plan for DuPage County streams.
    In promulgating this regulation,
    the Board shifts the onus
    of determining the manner of regionalization back to where it be-
    longs
    --
    the people and governmental bodies of DuPage County.
    By
    localizing the political traumas and governmental rivalries, we
    anticipate that a solution may become more easily available.
    We
    do not withdraw from the problems however, but merely await a
    sifting out of the facts and the formulation of
    a Regional Plan.
    Then the case returns
    to the Board, for the institution of
    a
    Regional Program.
    It
    is our earnest hope that th9 Plan presented
    by the Parties constitutes a detailed, viable solution such that
    the Regional Program approved by the Board need only be a stamp of
    approval.
    3
    391

    The Board hopes that this regulation will provide an impetus
    and perhaps a model to other similarly urbanized counties through-
    out Illinois.
    Lake, McHenry,
    Kane, Will, Madison, and St. Clair
    Counties are only a step away from the sewage treatment problems
    which engulf DuPage County.
    I, Christan L. Moffett, Clerk of the Pollution Control Board,
    certify that the Board adopted the above Opinion this
    ~
    ~“
    day of
    January, 1972, by a vote of
    ~
    Christan L.
    Moff~et~’1
    Clerk of the Board
    3— 392

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