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HomeMy WebLinkAboutResolutions - R-79-31 - 10/29/1979 - Project 208 Water Quality Management Plan R-79-31 RESOLUTION WHEREAS, the Northeastern Illinois Planning Commission has prepared , and adopted a water quality management plan for northeastern Illinois under the provisions of Section 208 of Public Law 92-500; and WHEREAS, the plan, upon its certification by the Governor and accept- ance by USEPA, will be the official plan for northeastern Illinois and will be applicable to the jurisdiction of the City of McHenry, a body po- litic and corporate. WHEREAS, the plan proposes that the City of McHenry, a body politic_ and corporate, be designated as a management agency responsible for im- plementing portions of the plan and for cooperating and coordinating with other designated management agencies; and WHEREAS, the City of McHenry, a body politic and corporate, has care- fully reviewed its proposed responsibilities as set forth in the Statement of Management Responsibilities prepared by the Commission; NOW, THEREFORE, BE IT RESOLVED, that the City of McHenry, a body politic and corporate, hereby agrees to accept its responsibilities as a designated management agency under the Water Quality Management Plan for northeastern Illinois as these responsibilities are identified in the Statement of Management Responsibilities (as modified) which is attached to and made a part of this Resolution; BE IT FURTHER RESOLVED, that this acceptance of management responsi- bilities is made in recognition of the fact that water quality management planning will continue at the local , sub-regional , and areawide levels. This acceptance shall be subject to withdrawal or modification if the City of McHenry, a body politic and corporate, finds on the basis of such planning that the commitments made by this resolution are no longer tech- nically or financially feasible or if amendments to the 208 plan make such commitments no longer necessary. This acceptance of management • responsibility is subject to and dependent upon the financial ability of the City of McHenry, a body politic and corporate, as determined from time to time by the City Council of the City of McHenry. This acceptance shall remain in force::iinless and until withdrawn or modified by the City of McHenry, a body politic and corporate. PASSED AND APPROVED this 27 day of cfGTO ,3 E-I , 1979. ,i-ff"-d‘Ad Mayor ATTEST: City Clerk • STATEMENT OF MANAGEMENT RESPONSIBILITIES I . RESPONSIBILITIES FOR CONTROL OF POINT SOURCES A. Implementation of Section 201 Facilities Plan • Each management agency will design, expand or modify its collection and treatment facilities . as specified in the approved 201 facilities plan for its facilities planning area. This plan, as currently developed, is described in the appropriate basin chapter of the 208 plan. Any planning which remains to be completed, and any future amendments or modifications to the 201 facilities plan, will be in conformance with the then-current 208 plan and should be closely coordinated with local government . planning and decision-making with respect to growth and development. It is recognized that implementation of the 201 plan may be contingent on the availability of federal funding. Each management agency will maintain the level of treatment at each wastewater treatment facility operated by it necessary to achieve the effluent standard required by the applicable NPDES permit issued by the Illinois Environmental Protection Agency (IEPA) . If" the IEPA identifies any treatment plan operated by a management agency as a plant dis- charging to a stream with a seven-day, ten-year low flow dilution ration of 10 to 1 or less , the management agency will provide or continue to provide not less than 80 percent oxygen saturation in its effluent unless subsequent studies show that this requirement may be waived without detriment to in-stream water quality. The quality of wastewater after aeration will be monitored by the management agency. Each management agency will complete a sewer system evalu- ation study for its separate sanitary sewerage system as required by USEPA regulations (40. CFR 35. 921) . In any application for issuance or amendment of an NPDES permit, each management agency will delineate its projected five-year service area for which treatment capacity is in place or under construction consistent with agreed regional population forecasts. • Schedule for Implementation: A 201 facilities plan has . been or will be completed by each management agency by the date established in its 201 grant agreement with USEPA. Each management agency will implement construction, expansion, or upgrading of treatment facilities as pro- vided for in the grant agreement between USEPA and the management agency. Any necessary implementation of an 80 percent oxygen saturation level in treatment plant effluent will be provided by July 1 , 1983 unless other- • 2 • wise required. Costs and Financing: Construction, expansion, or up- grading of facilities may be eligible for 75 percent federal funding depending on their compliance with federal requirements and on the priority listing of projects prepared by IEPA. Each management agency will provide the 25 percent local Share and any costs not provided for by federal grants from sources legally available to it. Legal Authority: Municipalities, 24 Ill. Rev. Stat. 11-141-1 et. seq. ; Counties , 34 Ill. Rev. Stat. 3101 et.seq. ; Sanitary Districts, 42 Ill. Rev. Stat. 277 et. seq. , 299 et. seq. , 320 et. seq. , 412 et. seq. B. Implementation of Section 201 Facilities Plan Each management agency will carry out those provisions of the approved 201 facilities plan for its facilities planning area which are related to its wastewater col- lection system. This plan, as currently developed, is • .:.:•a described in the apprc.::riate basin chapter of the 208 • plan. It is recognized that implementation of the 201 plan may be contingent on the availability of federal • funding. Schedule for Implementation: Each management agency will carry out the construction, expansion, or upgrading of wastewater collection facilities according to schedules established in the 201 facilities plan for its facilities planning area. Each management agency will apply for a federal grant for the purpose of conducting sewer system evaluation studies and will complete such studies by July 1, 1981. Costs and Financing: Construction, expansion, or upgrading of collection facilities may be eligible for 75 percent federal funding depending on their compliance with federal requirements and on the priority listing of projects prepared by IEPA. . Grant assistance for expansion of collection systems will only be available under the limited circumstances specified in federal regulations (40 CFR 35. 925-13) . Each management agency will provide the • 25 percent local share, and any costs not provided for by federal grants, from sources legally available to it. Legal Authority: General authority to provide sewerage service cited above. - C. Treatment Plant Operation • Each management agency will assure the very high standards 3 of performance for wastewater treatment plants which the 201 facilities plans assume, and will participate in any technical assistance programs to be developed by IEPA to aid operators of treatment plants. Schedule for Implementation: As implementation of 201 facilities plans occurs. • Costs and Financing: Assumed in costs of 201 facilities plans. Legal Authority: General authority to provide sewerage service cited above. D. Water Conservation (Municipalities and Counties) In order to reduce wastewater flows at all wastewater treatment facilities, each management agency will consider the modification of its building/plumbing code to require installation of water-conserving plumbing fixtures in all new construction, to require metering of all new develop- ment, to formulate pricing policies , and to institute public education programs to reduce water consumption. Govern- ments that furnish potable water to industries or other large users should study the possibility of the reuse of the effluents from the municipal wastewater treatment plants as a substitute for part of the furnished water. Schedule for Implementation: Each management agency will consider the enactment of necessary amendments to its plumbing/building code and establish a water conservation educational program by July 1, 1980. Costs and Financing: Implementation may result in some additional general operating costs to the management agency. There may be some cost savings from the reduction of waste- water flows.. Legal Authority: Municipalities, 24 Ill. Rev. Stat. 11-30, 11-31. 1; Counties, 34 Ill. -Rev. Stat. 422, 423 . • E. Pre-Treatment Standards • • Each management agency will cooperate in the pre-treatment program to be established by the USEPA for any industrial facility or other discharge into a wastewater treatment facility operated by the management agency. Each management agency will ensure that reports required by USEPA regula- tions (40 CFR 403 . 12 (b) are submitted to it by industrial users of the public system, and should maintain current inventories of all significant industrial wastes conveyed to its plants for treatment. • Schedule for Implementation: Each management agency will have amended its pre-treatment -ordinances to comply with USEPA requirements by July 1 , 1980. Costs and Financing: There may be some additional admini- strative costs to the management agency if a pre-treatment standard monitoring and enforcement program is to be effective. Legal Authority: Municipalities, 24 Ill. Rev. Stat. 11-141-7 Counties, 34 Ill. Rev. Stat. 3101 et. seq. ; Sanitary Dis- tricts, 42 Ill . Rev. Stat. 277 et. seq. , 299 et. seq. , 320 et. seq. , 412 et. seq. F. Treatment Plant Sludge Disposal As presently regulated by IEPA, management agency methods for the disposal of treatment plant sludge are considered adequate to handle present and anticipated future volumes . Each manag-ment agency recognizes that highest priority should be given to the use of sludge as a soil condition and will consider the possibility of expanding efforts to utilize sludge for that purpose. Schedule for Implementation: Sludge handling facilities will be provided as scheduled in each management agency' s 201 facilities plan. Modified practices utilizing sludge as a soil conditioner will be evaluated and initiated, where cost-effective, by July 1, 1983 . Costs and Financing: Assumed in costs of 201 facilities plans. • Legal Authority: General authorities to provide sewerage service cited above . II . RESPONSIBILITIES FOR CONTROL OF NON-POINT SOURCE POLLUTION FROM STORMWATER RUNOFF Management agencies will implement measures to work toward a reduction of BOD in urban stormwater runoff. Target reductions (from 1976 surface loadings) are 25 percent in existing urbanized areas and 50 percent in newly urbanized areas. A. Stormwater Detention (Municipalities and Counties) • Each management agency will consider enacting or amending and will increase any efforts at enforcing stormwater detention requirements as part of its development regula- tions so as to limit runoff from newly urbanized areas to its pre-urbanization levels. Each management agency will cooperate with the local area water quality committee (see 5 item IV below) in achieving consistency among local ordinances and determining the standards necessary to achieve pre-urbanization runoff levels . Schedule for Implementation: By December 31 , 1979 , NIPC will prepare a model detention ordinance for use by local governments. Within one year after the preparation of this model ordinance, each management agency will consider the enactment of a stormwater detention ordinance or update its present ordinance to meet the requirements of the 208 plan. Costs and Financing : There may be some additional administrative costs to each management agency in imple- menting and enforcing a detention ordinance. Legal Authority: Municipalities, 24 Ill. Rev. Stat. . 11-12-5; Counties, 34 Ill. Rev. Stat. 414 , 422, 85 Ill . Rev. Stat. 1712. • 6 B. Soils Erosion and Sedimentation Control Each management agency will enact or amend and enforce soil erosion and sedimentation control regulations to control erosion and sedimentation from construction activities . Each management agency will cooperate with the local area water quality committee in assuring consistency among local ordinances . Schedule for Implementation: By December 31 , 1979 , NIPC will prepare a model ordinance for use by the management agencies . Within one year after the preparation of this model ordinance, each management agency will adopt soil erosion and sedimentation regulations or update its existing regulations to meet the requirements of the 208 plan. Costs and Financing: There may be some additional admin- istrative costs to each management agency in implementing and enforcing erosion and sedimentation regulations . Legal Authority : Municipalities, 24 Ill . Rev. Stat. 11-12-5; Counties 34 M . Rev. Stat. 414 , 415, ' 422, 423 , 3106, 3151 et. seq. , 85 Ili . Rev. Stat. 1712 . . C. Implementation Programs Each management agency will work with other management agencies through the local area water quality committee in • a cooperative effort to develop an implementation program • for the reduction of pollutants from stormwater runoff and develop plans and standards for the implementation of management practices . These may include: street cleaning and catch basin. cleaning programs, performance zoning, use of porous pavement surfaces , increased vegetative cover, grassed waterways, wetland storage of stormwater, stormwater detention, sedimentation and erosion control, and other appropriate measures to achieve the target pollutant reductions. Schedule for Implementation: By July 1, 1980, each manage- ment agency will have developed a preferred program from the above list. By July 1, 1983, the program will be in implementation. • • Costs and Financing: Costs to each management agency will depend on the program selected . . Legal Authority: Municipalities, 24 Ill, Rev. State. 11-12-5, 11-13-1 et. seq. , 11-111-i et. seq. , 42 Ill . Rev. Stat. 1-2; Counties, 34 Ill . Rev. State. 414 , 415, 422, '423 , 3106 , 31,51, et. seq. , 85 Ill . Rev. Stat. 1712 . 7 D . Material Storage Controls Each management agency will consider the adoption of measures to control surface runoff from open storage yards containing industrial stockpiles and materials which may go into solution or which may be carried away by stormwater runoffs . Schedule for Implementation: By December 31, 1979 , NIPC will prepare a model surface runoff ordinance for use by local governments . Within one .year after' the preparation of this model ordinance, each mangement agency should adopt regulations consistent with the needs identified in the first year work program. Costs and Financing: There may be some additional administrative costs to management agencies in implementing and enforcing material storage controls . Legal Authority: Municipalities, 24 I11. Rev. Stat. 11-12-5, 11-111- . , 11-13-1 et. seq. ; Counties, 34 Ill . Rev. Stat. 3006, 3151 et. seq. E. De-icing Practices Each management agency will develop or participate in pro- grams to control the application of de-icing materials, to train personnel in pre_er application methods , and to use proper equipment in order to minimize any negative water quality impacts. • . Schedule for Implementation: July 1 , 1980 Costs and Financing : There may be some additional short- term administrative costs to management agencies in imple- menting such programs . There may also be long-term savings. Legal Authority: Municipalities, 24 Ill . Rev. Stat. 11-80-6 , 121 Ill. Rev. Stat. 2-104; Counties, 121 Ill . Rev. Stat. 5-205; Townships , 121 Ill . Rev. Stat. 6-201 . III . RESPONSIBILITIES FOR CONTOL OF NON-POINT SOURCES OTHER THAN STORMWATER RUNOFF A. Regulation of On-Site Disposal System . Each management agency will consider strengthening its permit requirements for the installation and repair of septic systems as necessary. Inspections may be required and provided so that potential problems caused by improper design or by compaction, smearing, or puddling during construction can be avoided. Management agencies will make adequate use of data on soils and surficial geology in evaluating septic system locations . Management • • agency zoning officials will give consideration to the types of soils which are present in proposed subdivisions before authorizing their platting . Innovative type on-site disposal systems should be required to be considered in new developments where problems may result from the installation of individual septic systems . No management agency will approve a subdivision of land which is intended to be served by on-site disposal systems ' within the five-year projected service area of a designated wastewater treatment or collection authority until the authority has been given an opportunity to review and comment upon the proposed subdivision. Each management agency will adopt an ordinance prohibiting installation or renovation of any on-site disposal septum within a specific distance from a sewer with available capacity. Continued use of malfunctioning or illegally-connected on-site systems will be prohibited when a sewer is extended to or approximate to the property line as provided by ordinances . The preferred method for the disposal of septage is through land application and this method will be encouraged and used whenever possible. The management agency will consider the enactment of appropriate ordinances establishing stronger contol over the operation of private sludge haulers . Schedule for Implementation: Continuation of current programs . Inspection of properties at time of transfer will be initiated by July 1, 1980 . Costs and Financing : Additional costs of administration and . enforcement are estimated by county area in Chapter 9' of the 208 plan. Inspection costs may be recovered by fees . . Legal •Authority: 111k Ill . Rev. Stat. 20c et. seq. ; 24 Ill . Rev. Stat. 11-20-5; 34 1ll. Rev. Stat. 414 , 422, 3116 . B. Replacement of On-Site Disposal Systems Where large-scale solutions such as innovative type on-site • wastewater disposal or effluent transfer systems are needed to replace individual malfunctioning systems outside of any identified five-year wastewater service areas, management ' agencies will consider the establishment of special service areas to aid in financing. Management agencies will consider taking steps to cover situations where mandatory elimination of existing septic systems may cause serious economic hardships on property owners who are elderly or living • on fixed incomes . Schedule for Implementation: The consideration of the creation of necessary. special service areas should be completed by July 1, 1983 . • Costs and Financing: Costs of replacement systems have not been estimated. USEPA is authorized to provide 75 percent • • • of the cost of eligible systems. Local share of costs could be generated through the special service area mechanism. Legal Authority: 120 Ill. Rev. Stat. 3101 et. seq. IV. RESPONSIBILITY TO PARTICIPATE IN LOCAL WATER QUALITY COMMITTEE Each management agency will participate in the formation and operation of a countywide water quality committee or other local area coordinating body as provided in Chapter 8 of the 208 plan, and will assist the committee in fulfilling its responsibilities. These responsibilities include preparation and annual review of a three-year implementation program, coordination of local water quality management efforts , assistance in resolution of issues and confl4cts, and participation in continuing water quality planning. Committees may be established by intergovern- mental agreement. Schedule for Implementation: Local area water quality committees will be established within 9 months after certification of the management portions of the plan by the governor. Costs and Financing: Some additional administrative costs may be imposed on each management agency by its partici- pation in the local area. A portion of each committee ' s ' activities may be supported by federal continuing planning funds granted to the region through NIPC. Legal Authority: 127 Ill. Rev. Stat. 741 et. seq.