By MICHAEL AYERS, JOHN MUNKIRS and AL GRANDYS
Ayers and Munkirs are professors of economics at Sangamon State University. They both received their Ph.D. from the University of Oklahoma. Grandys holds an M.A. in economics from the University of Illinois and is the research coordinator of the Division of Energy in the Illinois Department of Business and Economic Development.

Sewer bans: Burdens and benefits

THE ISSUANCE of a sewer ban in your community by the Illinois Pollution Control Board (PCB) might be a step toward cleaning up the polluted rivers, lakes and streams of the area. It might also mean a slowdown in economic growth: lost jobs, lost profits, and lost local tax revenues. The PCB issues a sewer ban when more raw sewage is being sent through sewer lines to the treatment plant than the plant is able to handle. The Illinois Environmental Protection Agency (EPA) determines the standards by which the operation of these plants is judged. As of July 1,1975, there were 111 sewer bans in effect in Illinois. The operations of an additional 106 treatment plants are under review by the EPA's Division of Water Pollution Control (DWPC).

Simply stated, a sewer ban forbids any new connections to existing sewage treatment facilities for a set period of time. The PCB uses the sewer ban as a means to encourage rapid compliance with the new water quality standards developed under the authority of the 1970 Environmental Protection Act. The intent of the 1970 act was to provide Illinois with a way to deal with the pollution arising from the rapid industrial and population growth the state has experienced. The idea is that by refusing to allow new sewage to flow into already overloaded plants, communities will be encouraged to build new plants.

Many are needed. In June 1970 it was estimated that only 82.6 per cent of Illinois' population was served by sewage treatment facilities. Making the problem worse is the fact that many existing treatment facilities could not meet new environmental standards. In short, a combination of new EPA standards, old plants and population growth and change has resulted in a situation where the construction of new housing and business has been held back in many communities. Without increased tax revenues, communities cannot finance new treatment plants, but as long as sewer bans are in effect new homes and businesses cannot be completed and so tax revenues do not go up — a vicious circle.

The process works like this: The Pollution Control Board issues a sewer ban to a specific sanitary district. These districts are special purpose governmental bodies established to deal specifically with the treatment of raw sewage. Sanitary districts have the power to levy taxes on the assessed value of real estate within the district's boundaries and to issue bonds to finance the expansion of existing treatment facilities. Once a sewer ban is issued by the PCB, the sanitary district may comply with the order or formally petition the PCB for a variance.

The case of the North Shore Sanitary District (NSSD) north of Chicago illustrates the process. In the fall of 1970, shortly after the PCB was created, the board imposed a sewer ban on the NSSD. The PCB argued that:

In the present case . . . such an order [sewer ban] is imperative if we are to avoid the continuing threat of increased water pollution and serve the purposes of the Act. It would be anomalous indeed for this Board, after holding that gross pollution is occurring, to issue an order that permitted the situation to get still worse (Illinois Pollution Control Board Opinions, Vol. 1, PCB 70-7, p. 384).

About nine months after the NSSD ban had been put into effect, representatives from the district and other interested parties appeared before the PCB to present the adverse economic effects of the ban. In presenting its case the district noted that the First Federal Savings and Loan Association of Waukegan had "ceased the issuance of all normal construction loan commitments, except where the Lake County Health Department had approved installation of a septic system." First Federal noted that their loans for the year (1971) were $1.8 million for the first quarter, $42,000 for the second quarter, and $41,000 and $58,000 for the third and fourth quarters, respectively. A construction company executive testified at the hearing that "a majority of his employees were laid off due to the lack of new work brought about by the imposition of the sewer ban." The executive secretary of the Waukegan-North Chicago Chamber of Commerce testified that "virtually no new construction was underway within the district."

Similar setbacks to construction resulting from the imposition of sewer bans, although not all of the same magnitude as the case cited above, have occurred in other cities — Mattoon and Springfield for example.

In dealing with inadequate treatment of raw sewage by sanitary districts, the PCB attempts to weigh the probable damage to the health of citizens if pollution continues or is increased, against the effects of limiting the economic development of the district. On several occasions, the PCB has granted exceptions, or variances, to a ban so that construction will not be totally stifled. For example, the NSSD, after the PCB's consideration of their dilemma, was granted a blanket variance of 5,000 connections.

There are other ways to mediate the conflicting environmental and economic claims in sewer ban cases besides the compromise solution described above. One of these alternatives comes from the recognition that a sewage treatment plant is not the only legitimate form of treating residential sewage. In the case of industrial operations, however, this is generally not the case and a full-scale treatment operation including chemical additions is generally required. But for residential sewage, a sanitary district may be permitted to construct community lagoon treatment facilities or allow the installation of septic tanks for individual dwellings.

March 1976 / Illinois Issues / 21


There are alternatives for communities: build lagoons, use septic tanks or petition for a variance

The lagoon treatment process involves the construction of a series of connecting settling ponds, which must be large enough to deal with the waste of the number of homes to be built. The lagoon or pond receives the sewage from the homes and allows the natural forces of bacteria formation, air, .and sunlight to "treat" the water. The design specifications for this type of operation can be obtained through the EPA's Division of Water Pollution Control. The use of septic tanks is dependent upon the type and composition of soil on which the house is to be constructed. Tests for the percolation ability of the soil can be arranged by contacting the Illinois Department of Public Health.

When the land needed for lagoons is not available or the soil is not suitable for septic tanks, the only available alternative for communities is to file a petition for a variance with the PCB. A variance petition, if approved by the board, allows a specified number of new connections to the existing treatment facilities. The PCB has indicated that it will grant a variance (1) for economic hardship; (2) pending completion of buildings already under construction when the ban was issued; and (3) when a new connection is accompanied by the detachment of an older connection. A variance because of economic hardship has generally been granted by the PCB when lower income families stand to increase the quality of their living by moving into new homes.

When Americans first became aware of pollution problems in the early 1960's, the conflicts between economic growth and environmental concerns were not generally anticipated. After much anguish, it soon became apparent that economic growth could be made compatible with environmental concerns only through long-range community planning. The sewer ban is seen by the PCB as a valuable way of encouraging more planning at the local level. But, by itself, the sewer ban cannot solve the problem. If communities are to avoid the economic hardships that often accompany a sewer ban, they must develop specific plans for their sewage treatment facilities to keep ahead of their growth. 

22 / March 1976 / Illinois Issues


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