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HomeMy WebLinkAboutRESOLUTION - 89-85 - 11/12/1985 - METROPOLITAN SANITARY DISTRICT RESOLUTION NO. 89-85 APPROVING OF THE INFLOW/INFILTRATION CORRECTIVE ACTION PROGRAM OF THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO WHEREAS, the Village of Elk Grove Village has cooperated with the Northwest Municipal Conference and the Metropolitan Sanitary District of Greater Chicago to address the problems of water pollution and flooding; and WHEREAS, the Metropolitan Sanitary District of Greater Chicago and the municipalities/townships of the Northwest Municipal Conference have been working to develop a mutually acceptable cost effective program for assessing and correcting the problems of inflow/infiltration into the Sanitary Sewer System; and WHEREAS, the Metropolitan Sanitary District of Greater Chicago and the Northwest Municipal Conference on behalf of its membership has negotiated such a mutually acceptable program that provides for a process of determining acceptable levels of inflow/infiltration and the extent of mandated remedial measures; and WHEREAS, this program entitled Inflow/Infiltration Corrective Action Program (hereto attached) will provide for the process which will determine a new standard which will supersede previous standards of the District with relation to inflow/infiltration; and WHEREAS, the Northwest Municipal Conference has recommended approval of the aforementioned agreement; NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1. That the "Sewer Summit Agreement by the Metropolitan Sanitary District of Greater Chicago and Tributory Communities" ("Agreement") , a copy of which is attached hereto and made a part hereof, is hereby approved. Section 2. That the President is hereby authorized to execute said agreement. Section 3. That the Village Clerk is hereby directed to send a certified copy of this Resolution to the Secretary of the Metropolitan Sanitary District of Greater Chicago and the Northwest Municipal Conference. Section 4. That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 12th day of Novpmhpr 1985. APPROVED this 12th day of Nnvpmhpr 1985. Charles .T_ 7pttpk Village President ATTEST: Patricia S . Smith Village Clerk 2 — I. General Scope of Agreement This Agreement addresses resolution of infiltration/inflow (I/I) issues relating to separate sanitary sewers in the service area of the Metropolitan Sanitary District of Greater Chicago (MSDGC). All parties agree that removal 'of excessive I/I from sanitary sewers is consistent with an effective regional program for control of water pollution and sewage backup in the MSDGC service area. Furthermore, this corrective action must be undertaken in a manner which addresses federal , stateand local concerns. The goals of this regional program are as follows: 1. Prevention of water pollution; and 2. Elimination of basement sewage backups and adverse surcharging conditions that cause health hazards and financial losses. The parties recognize that the timeframes for achievement of these goals differ. The first goal represents an aim which is driven by requirements of the Federal Clean Water Act, as well as related State and MSDGC mandates. The second goal represents the need for a phased program to accommodate State and MSDGC mandates. 2 II. Compliance Strategies A. Regulated Entities - As used herein, the term utributary communities" shall include municipalities, townships, private utility companies, school and sanitary districts, and any other entity which owns and operates sanitary sewer systems which are tributary to the MSDGC system. B. MSDGC Compliance Criteria - The MSDGC has established as standard criteria that: (1) average daily wet weather flow shall not exceed 15D gpcpd; (2) basement sewage backups shall be eliminated; and (3) adverse surcharging shall be eliminated. These criteria represent the most stringent requirements that will be enforced for correction of excessive I/I from sanitary sewers which are tributary to the MSDGC. However, a tributary community may elect to pursue an alter- native "I/I Corrective Action Program (ICRP)", based upon a cost-effectiveness analysis, in which case these standard criteria may not be applicable. 3 C. ICAP Alternative - This course-of-action represents a strategy for incremental correction of excesssive I/I determined from a cost-effectiveness analysis. A tributary community must submit a formal resolution to the MSDGC by March 1, 1986 in order to participate in the ICAP alternative. Sub- mission of this resolution serves to supercede the prior resolution which was provided in response to previous action to enforce the criteria referenced in B above. Once this action is taken, a tributary community must complete a series of compliance actions, in a timely manner, as specified by the timeframes set forth within this Agreement. III. ICAP Development A. Tributary communities must complete. Sewer System Evaluation Studies (SSSS) as soon as possible, but no later than Janu- ary 1, 1987. The performance standards for such work will be pursuant to USEPA regulations/guidance (40 CFR 35.2120, Construction Grants, 1985). MSDGC and the Illinois EPA will cooperate in .the development and review of this work, including providing the appropriate cost information for transport and treatment of excess flows. Within a basin context, costs for transport and treatment for the communities to the respective treatment plant will be based on realistic flow projections. Existing transport and treatment capacity 4 designed and intended for future population and develop- ment cannot, for the purpose of this cost-analysis and plan- ning, be used to accommodate excessive I/I. B. Tributary communities must complete a design for public sector work identified in the SSES, as soon as possible, but no later than January 1, 1988. Such design will , at a minimum, provide for corrective actions which are con- sistent with the USEPA definition of "cost-effectiveness" for removal of excessive I/I. Such work will include a proposed timely and reasonable implementation schedule and funding arrangements which are appropriate for the circum- stances. All designs will be subject to review and approval by the MSDGC and, if necessary, the Illinois EPA. C. A program for the cost-effective correction of private sources of I/I must be initiated concurrent with the design work in 6 above. D. After January 1, 1987, the MSDGC will conduct a basin-by-basin analysis of the potential , cumulative effect of the corrective actions identified by the completed SSES studies. It is recognized and understood that where studies have not been completed in a timely manner, then worst case assumptions 5 ir may be made with respect to flows in order to complete the basin-by-basin analysis. This analysis will correlate I/I removal projections to assess the impact on transport and 1 treatment capacities. This analysis may identify continuing concerns relative to the goals in Section I that will neces- sitate consideration of further corrective actions for par- ticular basins or sub-basins. E. An ICAP Technical Panel will be established by January 1 , 1986. This Panel will act in an advisory capacity and will be composed of appropriate elected officials and other repre- sentatives from the tributary communities, and the MSDGC. The Illinois EPA and the USEPA may participate as observers. The Panel will be given the following duties and assignments: (1) develop, by March 1, 1986, recommendations regarding the components used to compute transport and treatment cost; (2) review and comment upon by March 1, 1986, flow metering criteria used to evaluate I/I; (3) develop, by January 1, 1987, guidelines for the long-term, operation and maintenance of sanitary sewer -systems in th MSDGC service area; and (4) review and comment upon the basin analyses prepared pursuant to D above. With regard to item (1) and related cost-effectiveness analyses, the Illinois EPA and the USEPA will continue to serve as the final approval authority for specific community projects. 5 F. The MSDGC will prepare and distribute a semi-annual status report regarding progress made by the tributary communities. This report will include a summary of any enforcement actions taken by the District. IV. ICAP Implementation A. Tributary communities will "start" implementation of cor- rective actions designed pursuant to Section III B as soon as possible, but no later than July 1, 1988. Each tributary community will submit to the MSDGC a reasonable, mutually agreeable compliance schedule together with a final comple- tion date based upon the nature of the corrective work to be performed and the funding mechanisms to be utilized. Such agreement will be formally codified in an enforceable manner, and will incorporate the program in Section IIIC together with a program for long-term operation and maintenance of the communities' sewer systems. B. After July 1, 1988, the MSDGC will initiate action to address any continuing concerns identified pursuant to Section III D. For each such instance, the MSDGC will convene a "Sewer System Compliance Conference" which will include appropriate tributary communities, the Illinois EPA and the USEPA. Each Conference will discuss the nature of the continuing 7 concern and any practicable additional corrective action, including innovative mitigation measures. Each tributary community will evaluate and formally comment upon the engineer- ing and economic feasibility of, and timeframe for achieving compliance with any additional corrective work. As soon as possible, but not later than one year after convening a Conference, the MSDGC will adopt a final compliance program which will be applicable after the completion of the corrective work implemented pursuant to subsection A above. In no instance, however, will any final corrective work be beyond that which would be necessary to comply with Section II B. C. The MSDGC will prepare and distribute a semi-annual status report regarding progress made by the communities. This report will include a summary of any enforcement actions taken by the District. V. Special Compliance Considerations A. Notwithstanding the provisions of Sections III and IV, those tributary communities shown in Attachment 1 are considered to be in compliance with 1/1 removal provisions and need not complete a new or revised SSSS. Specifically, this 8 determination is based upon the MSDGC criteria of 150 gpcpd and prevention of basement flooding. Such listed communities, however, must still comply with an acceptable long-term operation and maintenance program. B. Those tributary communities, which as of the date of this agreement anticipate meeting the MSDGC criteria, may proceed to meet the requisite burden of proof in an expeditious manner. These tributary communities must evaluate the results with respect to the MSDGC criteria of 150 gpcpd and preven- tion of basement flooding. If compliance is demonstrated to the satisfaction of the MSDGC before July 1, 1986, then these communities will have completed their corrective programs. If compliance is not achieved, then these communities must complete an up-dated SSES by no later than January 1, 1987, and necessary designs by no later than January 1, 1988. Finally, these communities must also comply with Section IV. VI. Evaluation of Impacts from Residual Flow A. The MSDGC, in cooperation with the communities and the Illinois EPA, will plan for and initiate a special study of the impacts of "residual" I/I remaining in the separate sewer systems. 9 _ This study will begin in the Spring of 1987 and continue for the period of time necessary to adequately characterize the impacts in areas where corrective actions have been implemented. Wherever appropriate, this study will also evaluate the feasibility of implementing further site-specific mitigation measures, such as off-line, temporary storage. B. The results of this special study may be utilized for the Conferences convened pursuant to Section IV B, and for con- sideration of any refinements which may be appropriate in State regulations as they affect the service area of the MSDGC. In addition, the Illinois EPA will consult with the USEPA and resolve matters relating to federal rules, regulations and grant conditions applicable to the MSDGC. VII. Execution of Agreement A. By signature hereto, the parties representing the "Sewer Summit" confirm their commitment to the implementation of this Agreement. - B. The MSDGC will expeditiously incorporate the substance of this Agreement into the Manual of Procedures for the Imple- mentation of the Sewer Permit Ordinance by January 1, 1986. ATTACHMENT 1 1. Crestwood 2. East Hazel Crest 3. Hinsdale 4. La Grange 5. Orland Park b. River Grove 7. Roselle 8. Maine Township 9. Worth Township 10. Glenbrook Sanitary District 11 . Ferndale Heights Utility Company 12. MDA Utility Company 13. Palos School District 230 14. Spring Lake Estates 15. Triton College -