Peoria Consent Decree
Peoria Consent Decree
Peoria Consent Decree
E-FILED
Wednesday, 23 December, 2020 08:37:48 AM
Clerk, U.S. District Court, ILCD
)
THE UNITED STATES OF AMERICA, )
and )
THE STATE OF ILLINOIS )
)
Plaintiffs, )
)
v. ) No.
)
THE CITY OF PEORIA, ILLINOIS, and )
THE GREATER PEORIA SANITARY )
AND SEWAGE DISPOSAL DISTRICT )
)
Defendants. )
)
CONSENT DECREE
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TABLE OF CONTENTS
I. JURISDICTION AND VENUE ......................................................................................... 3
II. APPLICABILITY ............................................................................................................... 4
III. OBJECTIVES ..................................................................................................................... 6
IV. DEFINITIONS.................................................................................................................... 6
V. CIVIL PENALTY ............................................................................................................. 18
VI. COMPLIANCE REQUIREMENTS ................................................................................. 19
A. Peoria Requirements ..............................................................................................................19
B. GPSSD Requirements ............................................................................................................48
C. General Provisions Applicable To Peoria And GPSSD .........................................................52
VII. STATE SUPPLEMENTAL ENVIRONMENTAL PROJECT ........................................ 53
VIII. REVIEW, APPROVAL, AND IMPLEMENTATION OF DELIVERABLES................ 53
IX. REPORTING REQUIREMENTS .................................................................................... 57
A. Peoria Requirements ..............................................................................................................57
B. GPSSD Requirements ............................................................................................................59
C. General Reporting Requirements ...........................................................................................62
X. STIPULATED PENALTIES ............................................................................................ 63
XI. FORCE MAJEURE .......................................................................................................... 69
XII. DISPUTE RESOLUTION ................................................................................................ 72
XIII. INFORMATION COLLECTION AND RETENTION ................................................... 75
XIV. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ......................................... 77
XV. COSTS AND ATTORNEYS’ FEES ................................................................................ 78
XVI. NOTICES .......................................................................................................................... 79
XVII. EFFECTIVE DATE .......................................................................................................... 82
XVIII. RETENTION OF JURISDICTION .................................................................................. 82
XIX. MODIFICATION ............................................................................................................. 82
XX. TERMINATION ............................................................................................................... 84
XXI. PUBLIC PARTICIPATION ............................................................................................. 85
XXII. SIGNATORIES/SERVICE............................................................................................... 85
XXIII. INTEGRATION ............................................................................................................... 86
XXIV. FINAL JUDGMENT ........................................................................................................ 86
XXV. APPENDICES .................................................................................................................. 86
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United States Environmental Protection Agency (“EPA”), and the State of Illinois (“State”), on
behalf of the Illinois Environmental Protection Agency (“Illinois EPA”), have filed, concurrently
with the lodging of this Consent Decree, a Complaint alleging that Defendants, the City of Peoria
(“Peoria” or the “City”) and the Greater Peoria Sanitary and Sewage Disposal District (“GPSSD”
or the “District”), violated Section 301 of the Clean Water Act, 33 U.S.C. § 1311 (“CWA” or
“Act”), and the Defendants’ respective National Pollutant Discharge Elimination System permits
(“NPDES permits”) issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342.
WHEREAS, the United States seeks civil penalties and injunctive relief for these
WHEREAS, the State seeks civil penalties and injunctive relief for these violations
pursuant to Section 42(d) and (e) of the Illinois Environmental Protection Act, 415 ILCS 5/42(d)
and (e).
WHEREAS, the Complaint alleges that Peoria, inter alia, (i) discharged pollutants from
Combined Sewer Overflow (“CSO”) Outfalls in a manner which violates the terms and
conditions of its NPDES Permit No. IL0037800, the CWA, and/or State law; (ii) failed to
develop a Long Term Control Plan to control discharges from CSO Outfalls; and (iii) failed to
implement all requirements of the Nine Minimum Controls as outlined and required by Peoria’s
NPDES permits.
WHEREAS, the Complaint separately alleges that GPSSD, inter alia, (i) caused or
contributed to the discharge of pollutants from CSO Outfalls from the Combined Sewer System
in violation of the CWA and/or State law; and (ii) discharged pollutants from its Sanitary Sewer
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System, WWTP, and from Excess Flow Outfalls 005 and 006 in violation of its NPDES Permit
WHEREAS, Peoria owns and operates a combined sewer collection system within the
boundaries of Peoria, and GPSSD, at Peoria’s expense and direction, currently responds to
customer backup calls and coordinates certain repairs and monitoring for Peoria.
WHEREAS, Peoria submitted a proposed Long Term Control Plan in December 2008
WHEREAS, Plaintiffs allege that Peoria’s proposed Long Term Control Plans did not
conform to the requirements specified in the 1994 Combined Sewer Overflow Control Policy
WHEREAS, Peoria has agreed to comply with the CWA by continuing to develop and
implement a Long Term Control Plan that will eliminate CSO discharges from all of Peoria’s
CSO outfalls during wet weather events up to and including Peoria’s Six-Month Design Storm
and Peoria’s modeled Typical Year, except the July 21, 1949 storm event of the Typical Year.
WHEREAS, Peoria intends to prioritize and use Green Infrastructure as much as possible
to minimize CSOs.
WHEREAS, Peoria intends to develop the Peoria Green Infrastructure Program with the
objective of identifying and implementing projects and programs in the combined sewer areas of
Peoria that will significantly reduce or eliminate CSOs. In addition to reducing or eliminating
CSOs, Peoria seeks to use Green Infrastructure to supplement redevelopment efforts, add green
space to the city, increase recreational opportunities, increase groundwater recharge, improve air
quality, increase property values, enhance urban quality of life, and improve human health.
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WHEREAS, Peoria represents that due to the COVID-19 public health emergency, it is
experiencing significant budget shortfalls that are expected to endure at least until January 1,
2022.
WHEREAS, GPSSD owns and operates the Riverfront Interceptor, Throttle Pipes, and
Regulator Structures that transport wastewater and stormwater to either GPSSD’s wastewater
WHEREAS, GPSSD has reported discharges of pollutants into the Illinois River from the
WHEREAS, GPSSD has reported discharges of wastewater from point sources, including
The Parties agree, and the Court by entering this Consent Decree finds, that this Consent
Decree has been negotiated by the Parties in good faith, that the Consent Decree will avoid
complex and protracted litigation between the Parties, and that this Consent Decree is fair,
NOW THEREFORE, before the taking of any testimony, without the adjudication or
admission of any fact or law except as provided in Section I, below, and with the consent of the
1. This Court has jurisdiction over the subject matter of this case pursuant to 28
U.S.C. §§ 1331, 1345, 1355, and 1367, and Section 309(b) of the Act, 33 U.S.C. § 1319(b), and
over the Parties. Venue lies in this District pursuant to Section 309(b) of the Act, 33 U.S.C. §
1319(b), and 28 U.S.C. §§ 1391(b) and 1395(a), because Defendants are located and conduct
business in this judicial district and the violations alleged in the Complaint are alleged to have
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occurred in this judicial district. For purposes of this Decree, or any action to enforce this
Decree, Defendants consent to the Court’s jurisdiction over this Decree or such action and over
2. For purposes of this Consent Decree, Defendants agree that the Complaint states
claims on which relief may be granted pursuant to Section 309 of the Act, 33 U.S.C. § 1319, and
3. Authority for the United States to bring this action is vested in the United States
Department of Justice pursuant to Section 506 of the CWA, 33 U.S.C. § 1366, and 28 U.S.C. §§
516 and 519. Authority for the State to bring this action is vested in the Illinois Attorney General
by Section 4 of the Illinois Attorney General Act, 15 ILCS 205/4, and Section 42(d) and (e) of
the Illinois Environmental Protection Act, 415 ILCS 5/42(d) and (e).
II. APPLICABILITY
4. The obligations established in this Consent Decree apply to and are binding on the
United States and the State, and on GPSSD and Peoria and any of their successors, assigns, or
operating role with respect to any of the components of the Sanitary Sewer System, Combined
Sewer System, or Publicly Owned Treatment Works (“POTW”), whether in compliance with this
Paragraph or otherwise, shall relieve Defendants of their respective obligations to ensure that the
terms and conditions of this Consent Decree are implemented. At least 30 Days prior to any
such transfer, Defendants shall provide a copy of this Consent Decree to the proposed transferee
and shall simultaneously provide written notice of the prospective transfer, together with a copy
of the proposed written agreement to EPA Region 5, the United States Attorney for the Central
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District of Illinois, the United States Department of Justice, the Illinois Attorney General’s
Office, and the Illinois Environmental Protection Agency in accordance with Section XVI of this
Decree (Notices). Any attempt to transfer ownership or operation of any portion of the POTW
without complying with this Paragraph is a violation of this Decree. No transfer of ownership or
operation of the POTW, whether in compliance with this Paragraph or otherwise, shall relieve
Defendants of their respective obligations to ensure that the terms of the Decree are
implemented.
6. Defendants shall provide a copy of this Consent Decree to all officers, employees,
and agents whose duties reasonably might include compliance with any provision of this Decree,
and any contractor retained to perform work required by this Consent Decree. Defendants shall
condition any such contract on performance of the work in conformity with the terms of this
Consent Decree. The requirement to provide a copy of this Consent Decree will be satisfied if
Defendants provide an electronic copy or a link to a website where the Consent Decree can be
found with a requirement that those accessing the Consent Decree via the website provide a
written confirmation to Defendants, via email or otherwise, that the individual accessed the
document.
7. In any action to enforce this Consent Decree, Defendants shall not raise as a
defense the failure of any of their officers, directors, employees, agents, or contractors to take
any actions necessary to comply with the applicable provisions of this Consent Decree.
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III. OBJECTIVES
8. It is the express purpose of the Parties in entering this Consent Decree to further
the objectives of the Act, as enunciated in Section 101 of the Act, 33 U.S.C. § 1251, and the
objectives of the Illinois Environmental Protection Act, 415 ILCS 5/1, et seq. All plans, reports,
construction, remedial maintenance, and other obligations in this Consent Decree or resulting
from the activities required by this Consent Decree shall have the objective of causing Peoria and
the District to come into and remain in full compliance with the terms and conditions of their
respective NPDES Permits, to meet the objectives of the Wet Weather Water Quality Act of
2000, and to eliminate discharges from the Remote Treatment Units identified in this Consent
Decree, as these terms are defined in Section IV (Definitions) of this Consent Decree and as
IV. DEFINITIONS
9. Terms used in this Consent Decree, including the attached Appendices, that are
defined in the Act or in regulations promulgated pursuant to the Act or in either of Defendant’s
current NPDES Permits, shall have the meanings assigned to them therein, unless otherwise
defined by this Decree. Whenever the terms set forth below are used in this Consent Decree,
a. “Act” or “CWA” shall mean the Clean Water Act, 33 U.S.C. § 1251 et
seq.
into a building or onto property caused by blockages, flow conditions, or other conditions in the
Combined Sewer System or the Sanitary Sewer System. A wastewater backup or release that is
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Backup for purposes of this Consent Decree, nor is a wastewater backup or release caused by an
isolated action by a third party, such as the illegal dumping of debris in a manhole. This
exemption shall not include backups caused by conditions in sewers owned and/or operated by
c. “Business Day” shall mean Monday through Friday, except for federal
holidays.
d. “City” or “Peoria” shall mean the City of Peoria, Illinois, or any successor
entity.
discharge point or Outfall located in the Combined Sewer System, including those listed in
f. “Combined Sewer System” or “CSS” shall mean the portions of the sewer
system that convey municipal sewage (domestic, commercial, and industrial wastewaters) and
Overflow structures. The term “Combined Sewer System” includes the collection system owned
and operated by Peoria, including the CSO Outfalls and associated CSO Outfall pipes, as well as
the Throttle Pipes, Regulator Structures, and Riverfront Interceptor owned and operated by
GPSSD. The term “Combined Sewer System” also includes facilities constructed (or to be
constructed) in the combined sewer area in accordance with this Consent Decree.
g. “Complaint” shall mean the Complaint filed by the United States and the
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h. “Consent Decree” or “Decree” shall mean this Decree and all appendices
i. “CSO Control Policy” shall mean the policy issued by EPA regarding
combined sewer overflows, entitled “Combined Sewer Overflows (CSO) Control Policy,” 59
Fed. Reg. 18,688 (April 19, 1994),1 and as identified in Section 402(q) of the Clean Water Act,
33 U.S.C. § 1342(q).
outfall listed in Peoria’s currently applicable NPDES permit within an Interim Performance
Criteria milestone year as a result of precipitation events that are the same size or smaller than
the Six-Month Design Storm. The applicable rainfall events shall be determined by comparison
between the Six-Month Design Storm’s 2-hour, 3-hour, and 6-hour peaks and the applicable
rainfall event’s 2-hour, 3-hour, and 6-hour peak using Appendix A of this Consent Decree.
Multi-day CSO discharges will be considered a single CSO Individual Event if there are fewer
Peoria, pursuant to the requirements of Subsection VI.A.1 of this Consent Decree and submitted
m. “CSO Evaluation Volume” shall mean the total volume discharged from
Peoria’s CSO outfalls within an Interim Performance Criteria milestone year during rainfall
events that are the same size or smaller than the Six-Month Design Storm. The applicable
1
https://www.epa.gov/npdes/npdes-cso-control-policy
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precipitation events shall be determined by comparison between the Six-Month Design Storm’s
2-hour, 3-hour, and 6-hour peaks and the applicable rainfall event’s 2-hour, 3-hour, and 6-hour
of wastewater from the Combined Sewer System at a point source not specifically identified in
Peoria’s NPDES Permit as well as any release of wastewater from the Combined Sewer System
to public or private property, whether or not the release of wastewater reaches waters of the State
or United States, such as a release to a land surface or into a structure; provided, however, that
such releases which are caused solely by conditions in a Private Service Connection Lateral are
not CSS Releases for the purpose of this Consent Decree. Peoria and GPSSD shall not be liable
for stipulated penalties for a release of wastewater from the CSS caused by an isolated action by
a third party, such as the illegal dumping of debris in a manhole, so long as Peoria and/or GPSSD
demonstrate that an isolated third party action caused the CSS Release. This exemption shall not
Day. In computing any period of time under this Decree, where the last day would fall on a
Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next
Business Day.
p. “Defendants” shall mean the City of Peoria and the Greater Peoria
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by either Peoria and/or GPSSD to EPA and Illinois EPA for review and approval under this
Consent Decree.
(Effective Date).
validated Hydrologic and Hydraulics (H&H) model including all of the fully operational CSO
Remedial Measures implemented by December 31, 2039. The Final Conditions H&H Model
will be developed by Peoria and submitted to EPA and Illinois EPA as part of Peoria’s Post-
Eliminating CSOs during all storms less than or equal to the hourly rainfall
intensity and the total rainfall depth produced by the Six-Month Design
Storm;
Eliminating CSOs for all but one precipitation event (July 21, 1949) during
Limiting the CSO volume discharged during July 21, 1949, storm to no more
No CSOs during a precipitation event equal to or smaller than (i) Peoria’s Six-
Month Design Storm event and (ii) Peoria’s Typical Year precipitation events
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(excluding the July 21, 1949 Typical Year precipitation event), in accordance
with Appendix F, from December 31, 2039 to the termination of this Consent
Decree.
v. “Flow Meter” shall mean a device used to continuously record both flow
activation and volume discharged at a specific point within the Combined Sewer System or
Sanitary Sewer System. Flow data recorded to calculate flow volume discharged shall be (i)
flow level and velocity or (ii) flow level only if a reliable level-flow rate relationship has been
w. “GPSSD” or “the District” shall mean the Greater Peoria Sanitary and
engineered structural control practices to control CSOs that are not Green Infrastructure as
defined in this Decree. Examples include tunnel systems, storage tanks, in-line storage facilities,
refer to the range of stormwater control systems that use plant/soil systems, permeable pavement,
stormwater harvest and reuse, or native landscaping to store, infiltrate, and/or evapotranspirate
stormwater and reduce flows to the combined sewer collection system. Green Infrastructure may
include, but is not limited to bioretention, bioswales, extended detention wetland areas, green
roofs, and permeable pavement. Green Infrastructure includes practices to harvest and reuse
stormwater from storage equipment or facilities, such as rain barrels and cisterns.
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Peoria’s rain gauges in the Combined Sewer System or the Sanitary Sewer
qualifying precipitation events occur at any one of Peoria’s rain gauges (or at
For 39 full weeks or more over the monitoring period, a portion of Peoria
cc. “Interim Performance Criteria” shall mean the performance criteria set
the periods described in the chart in Paragraph 31. Peoria will conduct monitoring within its
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Combined Sewer System to determine compliance with applicable Interim Performance Criteria
ee. “Million Gallons per Day” or “MGD” means a flow rate expressed in
millions of gallons per day. A flow rate for a shorter period of time, such as an hour, may also
be expressed in MGD. For example, a flow of one million gallons in an hour would be
ff. “Nine Minimum Controls” or “NMC” shall mean the Nine Minimum
Controls set forth in the CSO Control Policy and discussed in EPA’s May 1995 publication
gg. “NPDES Permit” means an effective permit issued in accordance with the
hh. “Outfall” means a type of “point source,” as that term is defined in Section
502(14) of the CWA, 33 U.S.C. § 1362(14), that serves as a discharge point from the Combined
Sewer System and/or the Sanitary Sewer System. “Outfall” followed by an Arabic numeral
means that Outfall assigned that Discharge Number in either Defendants’ NPDES Permit. Peoria
owns the CSO Outfalls referenced in Peoria’s NPDES Permit; GPSSD owns the WWTP Outfalls
and the Remote Treatment Unit Outfalls referenced in GPSSD’s NPDES Permit.
jj. “Parties” shall mean the United States, the State, GPSSD, and Peoria.
kk. “Performance Criteria” shall mean both the Interim Performance Criteria
2
EPA 832-B-95-003, available at https://www.epa.gov/npdes/npdes-cso-guidance-documents.
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ll. “Plaintiffs” shall mean the United States and the State of Illinois.
mm. “Private Service Connection Lateral” shall mean the portion or portions of
the Combined Sewer System or Sanitary Sewer System, not owned by Defendants, used to
convey wastewater from a building or buildings to that portion of the Combined Sewer System
Hydraulics model based on future conditions after Peoria implements currently feasible CSO
works as defined in Section 212(2) of the Act, 33 U.S.C. § 1292(2), which is owned by a State or
a municipality (as defined by Section 502(4) of the Act, 33 U.S.C. § 1362(4)). This definition
includes any devices and systems used in the storage, treatment, recycling, and reclamation of
municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other
conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means
the municipality as defined in section 502(4) of the Act, 33 U.S.C. § 1362(4), which has
jurisdiction over indirect and direct discharges from such a treatment works.
connected to Peoria’s Combined Sewer System that direct municipal sewage and stormwater
from the portion of the Combined Sewer System owned and operated by Peoria into GPSSD’s
qq. “Remote Treatment Units” shall mean the two GPSSD-owned and
operated treatment facilities within GPSSD’s Sanitary Sewer System; these facilities discharge to
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outfalls GPSSD’s NPDES Permit identifies as 005 Paramount Road Excess Flow Outfall and
downstream of Peoria’s Combined Sewer System that receives municipal sewage and
stormwater (either directly or indirectly) from the portion of the Combined Sewer System owned
and operated by Peoria and that transports that sewage and stormwater to the WWTP.
ss. “Sanitary Sewer System” shall mean all portions of the POTW sewer
system that are intended to convey liquid and water-carried waste to the WWTP or to any
sanitary sewer overflow structure from residences, commercial buildings, industrial plants, and
institutions together with minor quantities of ground, storm, and surface waters that are not
admitted intentionally.
the State or United States from the Sanitary Sewer System through point sources not authorized
to discharge in any NPDES permit, as well as any release of wastewater from the Sanitary Sewer
System to public or private property, whether or not the release of wastewater reaches waters of
the State or United States, such as a release to a land surface or into a structure; provided,
however, that such releases which are caused solely by conditions in a Private Service
Connection Lateral are not SSOs for the purpose of this Consent Decree. Peoria and GPSSD
shall not be liable for stipulated penalties for an SSO caused by an isolated action by a third
party, such as the illegal dumping of debris in a manhole, so long as Peoria and/or GPSSD
demonstrate that an isolated third party action caused the SSO. This exemption shall not include
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maintenance program. The term SSO includes Building/Property Backups as defined above.
Roman numeral, unless the Consent Decree states that the “Section” referred to is a Section of
event as defined by the Illinois State Water Survey, Rainfall Frequency Atlas of the Midwest by
Floyd A. Huff and James R. Angel dated 1992, Bulletin 71 (MCC Research Report 92-03) with a
total rainfall depth of 1.53 inches over 6 hours, a 1-hour precipitation peak of 0.66 inches, a 2-
hour precipitation peak of 1.11 inches, a 3-hour precipitation peak of 1.29 inches, a 4-hour
precipitation peak of 1.39 inches, a 5-hour precipitation peak of 1.46 inches, and a 6-hour
precipitation peak of 1.53 inches, that utilizes the Huff first-quartile rainfall distribution. The
ww. “Starting Conditions H&H Model” shall mean the calibrated and validated
Hydrologic and Hydraulics model that represents Peoria’s Combined Sewer System and the
Sanitary Sewer System tributary to the Riverfront Interceptor before Peoria implemented any
CSO Remedial Measures in 2015. The Starting Conditions H&H Model, as approved by EPA
and Illinois EPA in the CSO Remedial Measures Program, shall not change throughout the
implementation of this Consent Decree for any reason unless specifically approved by EPA and
Illinois EPA.
yy. “Throttle Pipes” shall mean the conveyance pipes currently owned and
operated by GPSSD that connect the Regulator Structures to the Riverfront Interceptor.
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precipitation event as defined by the Illinois State Water Survey, Rainfall Frequency Atlas of the
Midwest by Floyd A. Huff and James R. Angel dated 1992, Bulletin 71 (MCC Research Report
92-03) with a total rainfall depth of 1.03 inches over 6 hours, with a 2-hour precipitation peak of
0.75 inches, a 3-hour precipitation peak of 0.87 inches, and a 6-hour precipitation peak of 1.03
aaa. “Typical Year” shall refer to the precipitation that occurred in Peoria
during the 1949 calendar year as recorded at the General Wayne A. Downing Peoria
International Airport except for the storm event from December 20th to December 21st. Peoria’s
bbb. “United States” shall mean the United States of America, acting on behalf
of EPA.
ccc. “Unrestricted Design Flow Rate” shall mean the design flow into the
Riverfront Interceptor from one or more Regulator Structures via one or more Throttle Pipes, if
applicable, that could be achieved when the water level in the Regulator Structure(s) is at the
overflow height(s) and the Throttle Pipes (or Regulators, in the event that there are no Throttle
Pipes) connecting to the Riverfront Interceptor are at free discharge. It is understood that even
with improvements designed to the Unrestricted Design Flow Rate, the Riverfront Interceptor
will rarely be immediately completely full and the actual flow will typically be lower than as
designed due to multiple factors, such as, but not limited to: location of rainfall, hydraulic
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Treatment Plant identified in the NPDES Permit issued to GPSSD, located at 2322 South Darst
V. CIVIL PENALTY
10. Within 30 Days after the Effective Date of this Consent Decree, (i) Peoria shall
pay the sum of $75,000 to the United States and $25,000 to the State, as a civil penalty; and (ii)
GPSSD shall pay the sum of $75,000 to the United States and $75,000 to the State, as a civil
penalty. Each Defendant shall also pay interest from the date on which the Consent Decree is
lodged with the Court, accruing at the rate specified in 28 U.S.C. § 1961 as of the Effective Date
Transfer (“EFT”) to the U.S. Department of Justice in accordance with written instructions to be
provided to each Defendant, following entry of the Consent Decree, by the Financial Litigation
Unit of the U.S. Attorney’s Office for the Central District of Illinois, 318 South 6th Street,
Springfield, IL 62701. At the time of payment, each Defendant shall send a copy of the EFT
authorization form and the EFT transaction record, together with a transmittal letter, which shall
state that the payment is for the civil penalty owed pursuant to the Consent Decree in United
States of America, et al. v. The City of Peoria, et al., and shall reference the civil action number
and DOJ case number 90-5-1-1-08724, to the United States in accordance with Section XVI
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Cincinnati, OH 45268
Illinois EPA for deposit to the Environmental Protection Trust Fund (“EPTF”). Payments shall
The name and case number shall appear on the face of the check. A copy of the
certified check shall be sent to:
Ellen O’Laughlin
Environmental Bureau
Illinois Attorney General’s Office
69 West Washington Street, Suite 1800
Chicago, IL 60602
12. Each Defendant shall properly operate and maintain its respective portion of the
Combined Sewer System including all improvements, Green and Gray Infrastructure, and all
A. Peoria Requirements
13. Peoria shall operate and maintain the Combined Sewer System in accordance with
14. Performance Criteria. Peoria shall comply with the Final Performance Criteria
starting on December 31, 2039, as set forth in Subsections VI.A.3 and VI.A.4. Peoria shall also
meet the Interim Performance Criteria as set forth in Subsection VI.A.2. Meeting the Interim
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H&H Model by 25 percent by December 31, 2028, by 40 percent by December 31, 2031, and by
b. Reduces its CSO Evaluation Volume from the Starting Conditions H&H
Model by 20 percent by December 31, 2025, by 35 percent by December 31, 2028, by 50 percent
15. By August 31, 2022, Peoria shall submit to EPA and Illinois EPA for review and
approval a CSO Remedial Measures Program that meets the requirements of this Subsection
VI.A.1.
16. Hydrologic and Hydraulic Modeling. The CSO Remedial Measures Program
shall include:
including relevant calibration and validation data and model output for Peoria’s Six-Month
i. Develop and submit a table that lists the total CSO volume discharged at
each CSO outfall during Peoria’s Six-Month Design Storm and Peoria’s
in the most recent version of EPA’s Stormwater Management Model (“SWMM”), version 5.1.
Peoria will also confirm that this submitted Starting Conditions H&H Model SWMM will
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c. A Rain Gauge Location Map showing the locations of each of the rain
gauges that Peoria will use to record precipitation during the Interim Performance Criteria
Evaluation Monitoring Period and during its Post-Construction Compliance Monitoring. Peoria
will also list the type of rain gauges used at each of these locations and explain how the rain
gauges will be used within Peoria’s Starting Conditions H&H Model. Peoria’s rain gauge
placement shall be consistent with accepted industry practices and, at a minimum, not less than
one rain gauge for every two square miles of monitoring area. Peoria will utilize the information
obtained from the rain gauges included in Rain Gauge Location Map to (i) determine compliance
with the Interim Performance Criteria, including using the precipitation data in the Starting
Conditions H&H Model; (ii) determine compliance with the Final Performance Criteria,
including using the precipitation data to calibrate and validate the Final Condition H&H Model;
and (iii) track precipitation events after the implementation of Peoria’s CSO Remedial Measures
Program. Peoria shall timely repair or replace any malfunctioning Rain Gauge upon becoming
aware of a malfunction, and the deadlines in Paragraph 21 shall apply. Peoria may add and use
additional rain gauges during and/or after the implementation of Peoria’s CSO Remedial
iii. The rain gauges can record precipitation in at least hour intervals;
iv. The original rain gauge locations in the approved CSO Remedial
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v. The additional rain gauges are added within the Combined Sewer System
Interceptor; and
vi. The additional rain gauges are documented in Peoria’s CSO Annual
Report.
Peoria’s Annual Report documentation will include a description of the gauge type, a photograph
of the new gauge location, an explanation of why the rain gauges were added, the date that the
gauge went into service, and the submittal of an updated Rain Gauge Location Map if Peoria
Peoria will use to identify controls intended to meet the Final Performance Criteria, including a
list of CSO Remedial Measures sufficient for Peoria to do so. This list of CSO Remedial
Measures shall include general information such as the type of project, project description,
project location, and sewershed location, and the computed amount of wastewater or stormwater
17. Flow Monitoring Implementation Plan. The CSO Remedial Measures Program
18. The Flow Monitoring Implementation Plan shall provide for the measurement of
flow with a Flow Meter for each CSO listed in Paragraph 18.b, and shall include the following
components:
The location of the CSO discharge for each of the CSOs listed in
Paragraph 18.b;
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How flow is being calculated at each monitoring location for each of the
If the CSO discharge is being calculated by the Flow Meter using flow
flow rate relationship and a reliable volume calculation for the Flow
Meter;
Flow Meter(s), not to exceed 60 days from EPA’s and Illinois EPA’s
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detection methods utilized at Peoria’s remaining CSOs and any maintenance procedures for these
19. The Flow Meters required by the previous Paragraph shall be area-velocity or
flow level sensor Flow Meters that will have the ability to automatically alert Peoria of a CSO
event and allow for recorded data accessed instantaneously through telemetry. If Peoria utilizes
flow level only Flow Meters to calculate flow from the CSOs listed in Paragraph 18.b, Peoria
shall demonstrate, for EPA and Illinois EPA approval, that the flow level only sensor can be used
to produce a reliable volume calculation. Each Flow Meter shall have a malfunction alarm, and
Peoria shall visually inspect each Flow Meter no less than twice per year to ensure that each is in
proper working order. In addition, Peoria shall conduct preventative maintenance and calibration
service on all Flow Meters in accordance with the manufacturer’s recommended maintenance
and calibration program. Peoria shall retain all records of the maintenance and calibration
services.
20. The Flow Monitoring Implementation Plan shall also describe how Peoria will
calculate CSO volume discharged and CSO Individual Events at all of its NPDES permitted
CSOs if any of its Flow Meters are inoperable or malfunctioning or if the CSOs are not included
21. Repair and Replacement. Peoria shall timely repair or replace any malfunctioning
Flow Meter upon becoming aware of a malfunction. If a repair of the malfunctioning Flow
Meter is possible, then Peoria shall repair the malfunctioning Flow Meter no later than 30 Days
after the date Peoria becomes aware of the malfunction, except that if access to the meter is
prohibited by high river stage, Peoria shall complete the repair as soon as access is feasible. If it
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is determined that repair of the malfunctioning Flow Meter is not possible, then Peoria shall enter
into a contract to purchase a replacement and install the new Flow Meter no later than 60 Days
after the date Peoria becomes aware of the malfunction, except that if access to the meter is
prohibited by high river stage, Peoria shall complete the replacement as soon as access is
feasible. Peoria shall retain a log that records the date of any malfunction, the steps taken to
repair the malfunctioning part, and the initial date that the CSO Flow Meter was returned to
22. Sewersheds. Peoria shall delineate its sewersheds so that each sewershed is
tributary to a single CSO outfall, with the exception of the sewershed that is tributary to both
CSO A06 and CSO B06, and include a map of its sewershed delineation in the CSO Remedial
Measures Program submittal. Peoria shall not change its sewershed delineation after EPA’s and
Illinois EPA’s approval of the CSO Remedial Measures Program, except upon approval of EPA
23. GI Design Manual. The CSO Remedial Measures Program shall include a GI
Design Manual. The GI Design Manual shall include, at a minimum, the following information
for each type of GI that Peoria will use to comply with its Interim Performance Criteria and Final
Performance Criteria:
used for each type of GI technology. Peoria shall include references to technical guidance that
presents industry-accepted practices as it develops its typical design standards for each type of
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24. Public Participation. The CSO Remedial Measures Program shall include a
Public Participation Plan that describes how Peoria will involve the public in the decision
making for implementation of the CSO Remedial Measures Program. The Public Participation
development of any CSO Remedial Measure available for public for review;
b. The means by which Peoria shall solicit comments from the public on any
c. The means by which Peoria shall conduct public meetings regarding the
25. In accordance with Peoria’s public outreach responsibilities under the CSO
i. Sign Location. Peoria will maintain CSO location signs at each CSO
listed in Paragraph 18.b. Each sign shall be two-sided: one side of the sign
will face the Illinois River and the other side will face land. Peoria’s CSO
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ii. Email Notification. Peoria will send an automated email using its
distribution list within two hours of learning of a CSO. If the CSO occurs
3:00 pm, Peoria shall send its automated email by 10:00 am the next Day.
distribution list by 10:00 am the next Day if a discharge from one of its
occurred less than 48 hours ago. Peoria shall maintain a link on its
notification.
iii. Website Notice. Peoria shall update its website homepage within four
hours after becoming aware, through its Flow Meters, that a CSO
hours (8:00 am to 5:00 pm), including after 1:00 pm, Peoria shall update
its website with the CSO notification by 10:00 am the next Day. Peoria
shall leave up this CSO notification for at least 48 hours after the CSO
information:
i. Total CSO volume on a monthly basis discharged from each CSO outfall;
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ii. An associated table and graph that charts the total amount of CSO volume
discharged each month and the total rainfall each month, as recorded by
iii. Any applicable water quality monitoring results of the CSO receiving
waters;
iv. The dangers to human health and the environment from CSOs; and
26. GI Performance Testing Plan. The CSO Remedial Measures Program shall
include a GI Performance Testing Plan. The GI Performance Testing Plan will include a testing
program for pre-construction and post-construction analysis of each type of GI CSO Remedial
Measure project that Peoria anticipates using to reach the Performance Criteria. For each GI
CSO Remedial Measure implemented, Peoria will be required to implement initial performance
testing and recurring long-term performance tests, conducted at a minimum frequency of once
every three years, in order to track any changes in performance. This performance testing shall
be designed to include an assessment of the infiltration rates associated with the GI CSO
Remedial Measure, including soil below the GI CSO Remedial Measure, and this information
will be used in the Final Conditions H&H model. The GI Performance Testing Plan shall also be
designed to demonstrate the benefits and effectiveness of each GI CSO Remedial Measure and
an evaluation process to determine if the performance testing indicates that maintenance of the
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27. CSO Remedial Measures Operation and Maintenance Plan. The CSO Remedial
Measures Program shall include a CSO Remedial Measures Operation and Maintenance Plan
that sets forth the maintenance frequency and responsible party for all CSO Remedial Measures,
including GI CSO Remedial Measures. The CSO Remedial Measures Operation and
Maintenance Plan will also include the following description of operation and maintenance
activities:
routine inspections and maintenance of the different types of GI CSO Remedial Measures.
Routine inspections, and maintenance, if needed, shall occur at least four times per year from
March to November, with one inspection to take place in November, as well as additional
inspections within 48 hours after each rainfall with more than 1-inch of depth. Routine
identifying and addressing any items that impede the measures’ general
operational function.
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the GI CSO Remedial Measures. Non-routine maintenance shall include, at a minimum, when
necessary:
28. Peoria shall commit to a procedure that Peoria will use to track and document on-
going maintenance activities and the performance of each GI CSO Remedial Measure. Such
practices when developing its CSO Remedial Measures Operation and Maintenance Plan.
30. New Technology Update. If Peoria proposes to use a different type of Green
Infrastructure or Gray Infrastructure technology, not included in its initial GI Design Manual,
within the CSO Remedial Measures Program, Peoria will resubmit a Revised CSO Remedial
Measures Program, including updates to those components of the program that require updating,
including at least the GI Design Manual and CSO Remedial Measures Operation and
Maintenance Plan, with the new technology information, pursuant to the requirements for the
original submittals. Peoria shall submit the updated reports 180 days before it plans on
implementing the new technology. The new and/or revised sections of the CSO Remedial
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Measures Program will be subject to EPA and Illinois EPA review and approval before Peoria
31. Peoria shall meet the following Interim Performance Criteria for reducing CSO
Paragraph, Peoria shall submit Interim Performance Criteria Reports to EPA and Illinois EPA for
review and approval. The purpose of the Interim Performance Criteria Report will be to provide
information sufficient to determine whether the applicable Interim Performance Criteria were
met, pursuant to the table in the previous Paragraph. To meet the Interim Performance Criteria,
Peoria shall satisfy the percent reduction in the previous Paragraph for both CSO Individual
Discharges (if applicable) and CSO Evaluation Volume discharged. The Interim Performance
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Criteria Reports shall include information sufficient to substantiate the calculations of CSO
Individual Events and CSO Evaluation Volume reductions, including the applicable Starting
33. CSO Individual Event Reduction Calculation. The CSO Individual Event
a. Peoria will record and tabulate the number of CSO Individual Events in
the Combined Sewer System based on information obtained from its CSO Flow Meters during
b. Peoria will obtain and tabulate precipitation data at the rain gauge
locations identified in Paragraph 16.c, which shall be within Peoria’s Combined Sewer System
that is tributary to the Riverfront Interceptor, for the entire Interim Performance Criteria
Evaluation Monitoring Period. Peoria will also compute the 2-hour, 3-hour, and 6-hour peaks
for each storm event during the entire Interim Performance Criteria Evaluation Monitoring
Period.
during the entire Interim Performance Criteria Evaluation Monitoring Period to the Six-Month
Design Storm’s 2-hour, 3-hour, and 6-hour peaks. Peoria shall submit to EPA and Illinois EPA
the tabular exhibit in Appendix A completed for each precipitation event during the entire
Interim Performance Criteria Evaluation Monitoring Period and clearly delineate which storms
Period’s precipitation data into the Starting Conditions H&H Model for the entire applicable
Interim Performance Criteria Evaluation Monitoring Period. Peoria will exclude the CSO
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Individual Events for the precipitation events that occurred during the applicable Interim
Performance Criteria Evaluation Monitoring Period that were determined in Paragraph 33.c to be
greater than the Six-Month Design Storm’s 2-hour, 3-hour, or 6-hour peaks, but will include
these precipitation events within the Starting Conditions H&H Model analysis. Peoria shall
utilize the same rain gauge assignment in this Starting Conditions H&H Model run as in its
approved CSO Remedial Measures Program, pursuant to Paragraph 16.c. Peoria will use the
H&H model output from the Starting Conditions H&H Model, using the Interim Performance
Criteria Evaluation Monitoring Period’s precipitation data, along with the applicable
precipitation events analysis from Paragraph 33.c, to determine the number of CSO Individual
following calculation:
𝑇𝑜𝑡𝑎𝑙 𝑆𝑡𝑎𝑟𝑡𝑖𝑛𝑔 𝐶𝑜𝑛𝑑𝑖𝑡𝑖𝑜𝑛𝑠 𝐻&𝐻 𝑀𝑜𝑑𝑒𝑙 𝐶𝑆𝑂 𝐼𝑛𝑑𝑖𝑣𝑖𝑑𝑢𝑎𝑙 𝐸𝑣𝑒𝑛𝑡𝑠 𝑇𝑜𝑡𝑎𝑙 𝑂𝑏𝑠𝑒𝑟𝑣𝑒𝑑 𝐶𝑆𝑂 𝐼𝑛𝑑𝑖𝑣𝑖𝑑𝑢𝑎𝑙 𝐸𝑣𝑒𝑛𝑡𝑠
100
𝑇𝑜𝑡𝑎𝑙 𝑆𝑡𝑎𝑟𝑡𝑖𝑛𝑔 𝐶𝑜𝑛𝑑𝑖𝑡𝑖𝑜𝑛𝑠 𝐻&𝐻 𝑀𝑜𝑑𝑒𝑙 𝐶𝑆𝑂 𝐼𝑛𝑑𝑖𝑣𝑖𝑑𝑢𝑎𝑙 𝐸𝑣𝑒𝑛𝑡𝑠
analysis in subparagraph c.
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ii. The “Total Observed CSO Individual Events” variable in the equation in
Outfall list in Paragraph 18.b of this Consent Decree, during the applicable
in the CSO Outfall list in Paragraph 18.b of this Consent Decree, that
Paragraph 33.e.
iv. The result shall be expressed as a percentage and rounded to the nearest
whole percent.
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34. CSO Evaluation Volume Reduction Calculation. The CSO Evaluation Volume
a. Peoria will record total CSO volume in the Combined Sewer System
based on its CSO Flow Meters for each CSO discharge during the entire Interim Performance
Criteria Evaluation Monitoring Period. For the CSO outfalls without Flow Meters, Peoria will
estimate the CSO volume discharged from those CSO outfalls using the methodology approved
under Paragraph 20 of this Consent Decree and will provide an explanation for its estimation.
b. Peoria will obtain and tabulate precipitation data at the rain gauge
locations identified in Paragraph 16.c, which shall be within Peoria’s Combined Sewer System
that is tributary to the Riverfront Interceptor, for the entire Interim Performance Criteria
Evaluation Monitoring Period. Peoria will also compute the 2-hour, 3-hour, and 6-hour peaks
for each storm event during the entire Interim Performance Criteria Evaluation Monitoring
Period.
during the entire Interim Performance Criteria Evaluation Monitoring Period to the Six-Month
Design Storm’s 2-hour, 3-hour, and 6-hour peaks. Peoria shall submit to EPA and Illinois EPA
the tabular exhibit in Appendix A completed for each precipitation event during the entire
Interim Performance Criteria Evaluation Monitoring Period and clearly delineate which storms
Period precipitation data into the Starting Conditions H&H Model. Peoria will exclude the CSO
volume discharged during precipitation events that occurred during the applicable Interim
Performance Criteria Evaluation Monitoring Period that were determined in Paragraph 34.c to be
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greater than the Six-Month Design Storm’s 2-hour, 3-hour, or 6-hour peaks, but will include
these precipitation events within the Starting Conditions H&H Model analysis. Peoria shall
utilize the same rain gauge assignment in this Starting Conditions H&H Model run as in its
approved CSO Remedial Measures Program, pursuant to Paragraph 16.c. Peoria will use the
H&H model output from the Starting Conditions H&H Model, using the Interim Performance
Criteria Evaluation Monitoring Year’s precipitation data from the Starting Conditions H&H
Model, along with the applicable precipitation events analysis from Paragraph 34.c, to determine
following calculation:
𝑇𝑜𝑡𝑎𝑙 𝑆𝑡𝑎𝑟𝑡𝑖𝑛𝑔 𝐶𝑜𝑛𝑑𝑖𝑡𝑖𝑜𝑛𝑠 𝐻&𝐻 𝑀𝑜𝑑𝑒𝑙 𝐶𝑆𝑂 𝐸𝑣𝑎𝑙𝑢𝑎𝑡𝑖𝑜𝑛 𝑉𝑜𝑙𝑢𝑚𝑒 𝑑𝑖𝑠𝑐ℎ𝑎𝑟𝑔𝑒𝑑 𝑇𝑜𝑡𝑎𝑙 𝑂𝑏𝑠𝑒𝑟𝑣𝑒𝑑 𝐶𝑆𝑂 𝐸𝑣𝑎𝑙𝑢𝑎𝑡𝑖𝑜𝑛 𝑉𝑜𝑙𝑢𝑚𝑒 𝑑𝑖𝑠𝑐ℎ𝑎𝑟𝑔𝑒𝑑
𝑇𝑜𝑡𝑎𝑙 𝑆𝑡𝑎𝑟𝑡𝑖𝑛𝑔 𝐶𝑜𝑛𝑑𝑖𝑡𝑖𝑜𝑛𝑠 𝐻&𝐻 𝑀𝑜𝑑𝑒𝑙 𝐶𝑆𝑂 𝐸𝑣𝑎𝑙𝑢𝑎𝑡𝑖𝑜𝑛 𝑉𝑜𝑙𝑢𝑚𝑒 𝑑𝑖𝑠𝑐ℎ𝑎𝑟𝑔𝑒𝑑
100
ii. The “Total Observed CSO Evaluation Volume discharged” variable in the
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in the CSO Outfall list in Paragraph 18 of this Consent Decree, during the
the CSO is not included in the CSO Outfall list in Paragraph 18 of this
subparagraph c.
Paragraph 34.e.
iv. The result shall be expressed as a percentage and rounded to the nearest
whole percent.
35. Each Interim Performance Criteria Report will also include the following:
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outfall that occurred during the applicable Interim Performance Criteria Evaluation Monitoring
Period; and
during the entire Interim Performance Criteria Evaluation Monitoring Period and clearly
delineating which storm exceeded the Six-Month Design Storm’s 2-hour, 3-hour, or 6-hour
occurred during the applicable Interim Performance Criteria Evaluation Monitoring Period and
which storms will be used by Peoria when it runs the Interim Performance Criteria Evaluation
Monitoring Period precipitation data in its Starting Conditions H&H Model, consistent with
Paragraphs 33 and 34 of this Consent Decree. Peoria shall evaluate its precipitation data to
determine if the precipitation events that occurred during the applicable Interim Performance
that there has been Insufficient Precipitation, it shall notify EPA and Illinois EPA in writing
within 30 days of the end of the Interim Performance Criteria Evaluation Monitoring Period. If
Peoria does not find Insufficient Precipitation, it shall explain the basis for that determination in
reduction percentage for each applicable Interim Performance Criteria year, consistent with
36. Insufficient Precipitation. If the precipitation events that occurred during the
applicable Interim Performance Criteria Evaluation Monitoring Period met the conditions of
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Insufficient Precipitation, Peoria shall continue to monitor and record precipitation data and CSO
discharges, consistent with the requirements of this Consent Decree, until it has a period of 12
consecutive months that does not qualify as Insufficient Precipitation and shall then perform the
same Interim Performance Criteria Evaluation on that 12-month period. The same Interim
Performance Criteria that applied for CSO Individual Events Reduction Requirement and CSO
Evaluation Volume Reduction Requirement during the milestone year with Insufficient
Precipitation will apply during the 12-month period, and Peoria will use the requirements in this
Consent Decree to determine and report compliance with the applicable Interim Performance
Criteria. If Peoria must use a different 12-month period due to Insufficient Precipitation, then
the Interim Performance Criteria Report shall be due 90 days after the end of the last month of
the 12-month period used. If it is determined that Insufficient Precipitation from an applicable
Interim Performance Criteria Evaluation Monitoring Period to the next scheduled Interim
Performance Criteria milestone has occurred, then the next scheduled Interim Performance
Criteria milestone and its requirements will supersede any prior Interim Performance Criteria
milestone that went unfulfilled by Insufficient Precipitation. Any Insufficient Precipitation shall
37. Interim Performance Criteria Corrective Action Plan. If EPA, after consultation
with Illinois EPA, determines that Peoria failed to meet the requirements of the applicable
Interim Performance Criteria in Paragraph 31, Peoria shall submit an Interim Performance
Criteria Corrective Action Plan to EPA and Illinois EPA for review and approval within 90 days
of the written notification from EPA that Peoria failed to satisfy the applicable Interim
Performance Criteria.
38. The Interim Performance Criteria Corrective Action Plan shall include:
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Performance Criteria.
submission Peoria shall propose a plan for the required reductions that relies on Gray
Infrastructure, Green Infrastructure, or a combination of the two. Peoria’s submission shall also
describe how the required reductions could be achieved through Gray Infrastructure alone,
including the estimated capital and annual O&M costs of the necessary project(s). Any plan that
Peoria submits shall be designed to achieve a reduction 1.5 times as large as the amount by
which Peoria missed the applicable Interim Performance Criteria.3 Any plans shall be designed
so that all CSO Remedial Measures identified in the plan can be completed within 360 days of
the Agencies’ approval of the Interim Performance Criteria Corrective Action Plan. Upon
approval, Peoria shall implement the Interim Performance Criteria Corrective Action Plan and
demonstrate its compliance with the plan requirements in the next Annual Report.
39. Model Revisions. If Peoria, EPA, and/or Illinois EPA discovers during the
implementation of Peoria’s CSO Remedial Measures Program that SWMM 5 is not supported
and is unable to run the Starting Conditions H&H Model, the discovering party will notify the
other Parties, and Peoria will begin redeveloping its Starting Conditions Model with the new
modeling software. Within 270 days of Peoria learning that SWMM 5 is no longer supported,
Peoria shall submit a new report for EPA and Illinois EPA review and approval that includes:
3
For example, if at Milestone 1 Peoria achieves 19% CSO Evaluation Volume reduction rather
than 20%, as required, the Corrective Action Plan shall be designed to achieve a 1.5% reduction.
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was developed using dynamic modeling software, that the new software is as robust as SWMM
5, and that the new software can be readily accessed by EPA and Illinois EPA at no cost.
H&H Model, including relevant calibration and validation data and model output for Peoria’s
Six-Month Design Storm and Peoria’s Typical Year. Peoria will compare this output to the
original Starting Conditions H&H Model and will demonstrate that the revised Starting
input file in the newest version of the no-cost software, consistent with subparagraph a.
40. Once approved by EPA and Illinois EPA, the revised Starting Conditions H&H
Model will not change throughout the implementation of this Consent Decree, unless specifically
41. After completion of all CSO Remedial Measures, Peoria shall determine
Compliance Monitoring Plan. Discharges from Peoria’s permitted CSO outfalls shall also
comply with the CWA, CSO Control Policy, the Illinois Environmental Protection Act and
applicable Illinois Pollution Control Board Regulations and Orders, and Peoria’s NPDES Permit.
In the event of a conflict between any of the laws, regulations, or documents listed above, the
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the CSO Remedial Measures Program, Peoria shall submit to EPA and Illinois EPA for review
under this Consent Decree are meeting the Final Performance Criteria established herein. The
plan shall include the requirement that Peoria develop a Final Conditions H&H Model and
perform a model run using a calibrated and validated Final Conditions H&H Model with the Six-
Month Design Storm and Peoria’s Typical Year to determine whether the output meets the Final
Performance Criteria. The plan shall also require that Peoria include the input and output of the
the final completion of all CSO Remedial Measures and the identification of the Flow Meter
locations within Peoria’s Combined Sewer System and the Sanitary Sewer System that is
tributary to the Riverfront Interceptor that will be used to calibrate and validate Peoria’s Final
Condition H&H Model. If different Flow Meter locations than the Flow Meter locations used for
the development of Peoria’s Starting Conditions H&H Model, Peoria will include an explanation
of why the Flow Meter locations were changed and the potential impacts of those changes on the
analysis results.
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subparagraph c, to develop a Final Conditions H&H Model that includes a proper model
f. Include a plan to monitor and sample Peoria’s CSO Outfalls and the CSO
receiving waters adequate to determine the impacts of discharge on water quality in the Illinois
Plan after it has completed the CSO Remedial Measures Program, no later than January 1, 2040.
44. Post-Construction Compliance Monitoring Report. Within six months after the
Monitoring Plan, Peoria shall submit a Post-Construction Compliance Monitoring Report for
review and approval. The Post-Construction Compliance Monitoring Report shall include the
following information:
volume discharged.
d. A final modeling analysis with a proper dry weather and wet weather
calibration and validation that meets the table below (based on the CIWEM Code of Practice for
the Hydraulic Modeling of Urban Drainage Systems Version 01, 2017 (previously the WaPUG
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Code of Practice for the Hydraulic Modeling of Sewer Systems Version 3.001, December 2002))
for the Final Conditions H&H Model for the majority of events that produce CSOs in the
The calibration and validation of the Final Conditions H&H Model shall not exclude
construction monitoring period were equal to or less than Peoria’s Six-Month Design Storm’s 1-
hour, 2-hour, 3-hour, 4-hour, 5-hour, and 6-hour peaks and, if needed, peaks of other durations
pursuant to Appendix F. Peoria shall submit the example tabular exhibit in Appendix B and
include each precipitation event during the post-construction monitoring period, up until the last
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full month before the Post-Construction Compliance Monitoring Report submittal, as part of its
analysis.
precipitation events that were equal to or smaller than Peoria’s Six-Month Design Storm’s 1-
hour, 2-hour, 3-hour, 4-hour, 5-hour, and 6-hour peaks and, if needed, peaks of other durations
pursuant to Appendix F.
Storm and then determine if a CSO discharge occurred during those storm
events. If a CSO occurred during one of those storm events, Peoria will
ii. If a CSO occurred during a precipitation event that, when compared to the
extent that Peoria contends that the peak exceedance caused the CSO.
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short-duration peaks in that precipitation event caused the CSO, EPA may
consider the location and magnitude of the exceedance(s); the location and
Model input file in the most recent version of SWMM with the modeling runs requested in
the replacement modeling software is as robust as SWMM 5 and that the new software can be
and Peoria’s Typical Year with applicable modeling output and analysis, including applicable
summary tables, to demonstrate whether or not Peoria’s implemented CSO Remedial Measures
water quality by discharges from CSO outfalls in the receiving waters in the immediate vicinity
of those CSOs.
45. If EPA, after consultation with Illinois EPA, determines that the Post-
Construction Monitoring Report does not demonstrate compliance, Peoria shall, within 180 days
of receiving notice from EPA, submit for EPA and Illinois EPA review and approval a
Supplemental Compliance Plan which describes the additional improvements and/or other
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remedial measures that Peoria shall take to achieve compliance, and a proposed schedule for
taking such actions. The Supplemental Compliance Plan shall include the following:
a. Review and consideration of the data and results within the Post-
deficiencies.
c. Describe in detail the steps Peoria proposes to take to meet the Final
Peoria proposes to complete such steps including dates and major milestones.
46. Upon approval by the EPA, after consultation with Illinois EPA, Peoria shall
implement the Supplemental Compliance Plan in accordance with the schedule specified in the
approved Plan.
47. Within six months of closing any CSO outfall, Peoria shall petition the Illinois
EPA to remove the closed CSO outfall from Peoria’s then-effective NPDES permit.
48. Peoria shall not utilize remote treatment of CSOs within the Combined Sewer
System to meet the Interim and Final Performance Criteria included in this Consent Decree.
49. CSO Operation and Maintenance Plan. By February 1st of each calendar year,
commencing in the calendar year following the Effective Date of this Consent Decree, Peoria
shall submit, pursuant to Special Condition 8 of Peoria’s NPDES Permit No. IL0037800, an
annual update to its CSO Operation and Maintenance Plan (“CSO O+M Plan”) to EPA and
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Illinois EPA for review and comment. Peoria will clearly identify any changes between the
annual update and the previous CSO O+M Plan. Peoria shall implement the revised CSO O+M
Plan in accordance with any comments provided by EPA or Illinois EPA and the schedule
B. GPSSD Requirements
50. While GPSSD shall not be responsible for achieving the results in Peoria’s
modeling or Peoria’s CSO Remedial Measures Program (including but not limited to, any Peoria
long-term control plan, sediment control in Peoria’s portion of the CSS, or construction of new
Green Infrastructure or new Gray Infrastructure, other than as detailed below), GPSSD shall, in
order to demonstrate compliance as it relates to the CSS, including, but not limited to, utilizing
the capacity of the equipment and maximizing wastewater and stormwater flow to the WWTP,
51. Sediment Removal. By January 1, 2026, GPSSD shall remove substantially all of
52. Spring Street CSO. By January 1, 2026, GPSSD shall (1) install localized gate
control and (2) modify or add Regulator Structures and/or Throttle Pipes to allow for an
53. Caroline Street CSO. By January 1, 2026, GPSSD shall (1) install localized gate
control and (2) modify or add Regulator Structures and/or Throttle Pipes to allow for an
54. Cedar, Fayette, and Eaton Street CSOs. By January 1, 2026, GPSSD shall
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55. South Street CSO. By January 1, 2029, GPSSD shall modify the existing Throttle
Pipe or add an additional Throttle Pipe to allow for an overall Unrestricted Design Flow Rate of
80 cubic feet per second. As necessary, GPSSD shall also modify or add Regulator Structures
56. Riverfront Interceptor Between Darst Street and Cedar Street. By January 1, 2029,
GPSSD shall investigate the existing Riverfront Interceptor conflict structure and any other
unusual and material restriction in the Riverfront Interceptor between Darst Street and Cedar
57. Sanger Street CSO. By January 1, 2032, GPSSD shall modify the existing
Throttle Pipe or add an additional Throttle Pipe to allow for an overall Unrestricted Design Flow
Rate of 100 cubic feet per second (between the Washington East Regulator, Washington West
Regulator, and Sanger Regulator combined). As necessary, GPSSD shall also modify or add
58. Darst Street CSO. The City and GPSSD agree to review the most effective
projects to comply within the Darst sewershed by January 1, 2029. Based on that review, if (i)
the City and GPSSD determine that a primarily Green Infrastructure solution will not be most
effective within the Darst sewershed, or (ii) the City and GPSSD cannot reach agreement, by
January 1, 2032, GPSSD shall modify the existing Throttle Pipe or add an additional Throttle
Pipe to allow for an overall Unrestricted Design Flow Rate of 100 cubic feet per second. GPSSD
shall also modify or add Regulator Structures and upgrade the localized gate control. By July 1,
2029, the City and GPSSD shall submit a joint report to EPA and Illinois EPA stating how they
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59. GPSSD shall operate and maintain any existing Flow Meters owned by GPSSD or
that it is required to operate by agreement that are necessary for compliance with Section VI
Flow Meter, GPSSD shall timely repair or replace the malfunctioning unit. Repairs of
malfunctioning Flow Meters must be completed within 30 Days of GPSSD learning of the
malfunction, except that if access to the meter is prohibited by high river stage, GPSSD shall
complete the replacement as soon as access is feasible. When repair of a Flow Meter is not
possible within 30 Days, GPSSD must purchase and install a new Flow Meter within 60 Days of
learning of the malfunction (or as soon as practicable for Flow Meters “M1” and “M2”), except
that if access to the meter is prohibited by high river stage, GPSSD shall complete the
replacement as soon as access is feasible. Any new Flow Meter, installed pursuant to this
Paragraph or otherwise, must have the same or better accuracy and capabilities as the previous
Flow Meter. GPSSD shall retain a log that records the date of any malfunction, the steps taken
to repair the malfunctioning unit, and initial date that the Flow Meter was returned to service or
60. SSOs occurring from GPSSD’s Sanitary Sewer System are prohibited. GPSSD
shall conduct all work necessary to eliminate discharges from its Paramount and Rutledge
Remote Treatment Units, such that the Remote Treatment Units shall not cause SSOs within the
Sanitary Sewer System. GPSSD has proposed to accomplish this by building storage basins
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61. By July 1, 2027, GPSSD shall submit a Final Design Report to EPA and Illinois
EPA for review and approval. GPSSD shall ensure that the proposed alternatives in its Final
Design Report are sized to eliminate the discharges from the Paramount and Rutledge Remote
Treatment Units through a demonstration with modeling that employs the ten-year, twenty-four-
hour precipitation event as defined by the Illinois State Water Survey, Rainfall Frequency Atlas
of the Midwest by Floyd A. Huff and James R. Angel dated 1992, Bulletin 71 (MCC Research
Report 92-03) with a total rainfall depth of 4.45 inches over 24 hours that utilizes the SCS Type
II rainfall distribution. GPSSD shall also provide the capital and the operation and maintenance
b. Conduct all work necessary to eliminate discharges and close the outfalls
63. After completion of any of the projects approved within GPSSD’s Final Design
Report, including the closure of the Remote Treatment Unit Outfalls (005 Paramount Road
Excess Flow Outfall and 006 Rutledge Excess Flow Outfall) and the elimination of any
discharges from the Remote Treatment Units, GPSSD shall take and post a representative picture
64. GPSSD must continue to implement its Capacity, Management, Operation, and
Maintenance (“CMOM”) Program, dated August 2011, as approved by Illinois EPA pursuant to
Special Condition 22 of GPSSD’s NPDES Permit. In addition, the District must also implement
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any subsequent revisions to its CMOM Program, as approved by Illinois EPA, when proposed in
accordance with GPSSD’s NPDES Permit throughout the duration of this Consent Decree.
65. If any discharge from a Remote Treatment Unit occurs before the completion of
all projects identified by the Final Design Report, GPSSD shall take all reasonable measures
necessary to minimize the impact of the discharge to human health and the environment.
66. Within six months of the completion of the projects identified in the approved
Final Design Report, GPSSD shall petition Illinois EPA to remove the two Remote Treatment
Unit Outfalls (005 Paramount Road Excess Flow Outfall and 006 Rutledge Excess Flow Outfall)
67. A Defendant may only seek relief under Section XI (Force Majeure) of this
Consent Decree for a delay in the performance of any obligation of this Consent Decree resulting
from a failure to obtain, or a delay in obtaining, any federal, state, or local permit or approval
required to fulfill such obligation, if the Defendant seeking relief submitted timely and complete
applications and has made best efforts to obtain all required permits or approvals.
68. Subject to Defendants’ right to seek relief pursuant to the provisions of Section XI
(Force Majeure) of this Decree, the pendency or outcome of any proceeding concerning
issuance, reissuance, or modification of any NPDES permit shall not affect or postpone
69. The requirements of this Consent Decree are not conditioned on Defendants’
receipt of federal or state grant funds. Any failure or delay in compliance with the requirements
of this Consent Decree shall not be excused by the lack of federal or state grant funds, including,
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without limitation, construction grants and State revolving loan funds, or any other grants or
loans, or by any delay in processing any applications for such funds, subject to Defendants’ right
to seek relief pursuant to the provisions of Section XI (Force Majeure) of this Decree.
70. Delays caused by inadequate planning or plans and specifications on the part of
Defendants shall not be cause for extension of any required compliance date in this Consent
Decree.
71. In order to promote the goals of the Illinois Environmental Protection Act, 415
ILCS 5/42 et seq. (2018), to restore, protect, and enhance the quality of the environment, Peoria
shall perform the following state supplemental environmental project (“SEP”). The settlement
value of the SEP is 200,000 dollars ($200,000.00) and will offset penalties sought by the State in
this matter. The State and Peoria agree that this SEP shall consist of the following: stream and
gully restoration within Turkey Creek and Springdale Cemetery to reduce stream erosion and
ultimately sedimentation into the Illinois River, which will improve water quality, navigation,
and habitat. Peoria shall perform the SEP in accordance with Appendix D of this Consent
Decree.
a. Peoria shall complete the SEP no later than November 30, 2023 and,
within thirty (30) days thereafter, shall submit a project completion report, including a summary
of all expenditures, for review and confirmation that the SEP was performed pursuant to this
Ellen O’Laughlin
Environmental Bureau
Illinois Attorney General’s Office
69 West Washington Street, Suite 1800
Chicago, IL 60602
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Charles Gunnarson
Division of Legal Counsel
Illinois EPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
The project completion report shall include the following certification by a responsible official of
Peoria:
I certify under penalty of law that this document was prepared under my
direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information
submitted based on my inquiry of those persons directly responsible for
gathering the information, and that the information submitted in or
accompanying this notification of final compliance is to the best of my
knowledge true, accurate and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and or imprisonment for knowing violations.
In the event that the SEP cannot be completed, Peoria shall pay the settlement value of the SEP
($200,000.00) to the State as an additional penalty pursuant to the procedures of Section V (Civil
Penalty) no later than the date by which the SEP should have been completed.
entry of this Order, it is not required to perform or develop any of the foregoing SEP by any
federal, state, or local law or regulation, nor is it required to perform or develop the SEP by
agreement or injunctive relief in any other case. Peoria further certifies that it has not received,
and is not presently negotiating to receive, credit for the SEP in any other enforcement action.
c. Any public statement, oral or written, in print, film or other media, made
by Peoria making reference to any SEP shall include the following language:
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submitted pursuant to this Consent Decree, EPA, after consultation with the State, shall in
writing: (a) approve the submission; (b) approve part of the submission and disapprove the
72.a, Defendants shall take all actions required by the Deliverable in accordance with the
schedules and requirements of the Deliverable as approved. If the Deliverable is approved only
in part pursuant to Paragraph 72.b, the Defendant responsible for the Deliverable shall, upon
written direction from EPA, take all actions required by the approved portions of the Deliverable
that EPA, after consultation with the State, determines are technically severable from any
disapproved portions. Following EPA approval of any submission or portion thereof, such
Deliverable or portion thereof so approved shall be incorporated into and become enforceable
under this Consent Decree. Implementation of any approved portion of a Deliverable shall not
relieve Defendants of any liability for stipulated penalties for any deficient portion of the
Deliverable.
whole or in part pursuant to Paragraph 72.b or c, Defendants shall, within 45 Days or such other
time as the Parties agree to in writing, correct all deficiencies and resubmit to EPA and Illinois
EPA the Deliverable, or the disapproved portion thereof, for approval, in accordance with
Paragraph 75. If the resubmission is approved in whole or in part, Defendants shall proceed in
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disapproved in whole or in part, EPA, after consultation with the State, may again require the
Defendant responsible for the Deliverable to correct any deficiencies, in accordance with
Paragraph 74. EPA also retains the right to modify or develop any disapproved portion of the
resubmitted Deliverable. Upon EPA’s correction of any such deficiencies, the resubmitted
Deliverable, or portion thereof, shall be incorporated into and become enforceable under this
Consent Decree and the Defendant responsible for the Deliverable shall take all actions to
immediately implement the EPA-corrected Deliverable in accordance with the schedules and/or
terms of the Deliverable as approved, subject to Defendants’ right to invoke Dispute Resolution
under Section XII (Dispute Resolution) of this Consent Decree and the right of EPA and the
Section X (Stipulated Penalties), shall accrue during the time between a Deliverable’s disproval
and resubmission. Stipulated penalties that accrue during the time between the Deliverable’s
disproval and resubmission are only payable if the resubmitted Deliverable is untimely, or it is
disapproved again in whole or in part. This Paragraph does not apply to original submissions
that are so deficient as to constitute a material breach of a Defendants’ obligations under this
Decree and the stipulated penalties applicable to the original submission shall be due and payable
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A. Peoria Requirements
Consent Decree, Peoria shall submit written status reports (“CSO Annual Report”) for the
preceding calendar year to EPA and Illinois EPA for review and comment. The CSO Annual
etc.) that became operational during the preceding calendar year. For each
otherwise addressed, the basis for all performance estimates, testing data,
problems were resolved. Peoria shall provide the total actual capital cost
calendar year.
ii. A status report on all CSO Remedial Measures in process that did not yet
iii. A list of all CSO Remedial Measures expected to be started in the next
stormwater/wastewater to be addressed.
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Remedial Measures.
that became operational during the preceding calendar year taken between
vii. The percentage of CSO Individual Event and CSO Evaluation Volume
requirement of this Consent Decree or its effective NPDES Permit, Peoria shall submit written
notice of such violation or potential violation, and its likely duration, to EPA and the State within
five Business Days of when Peoria first became aware of the violation or potential violation.
The notice shall include an explanation of the violation’s or potential violation’s likely cause and
of the remedial steps taken, or planned, to prevent or minimize the violation. If the cause of the
violation or potential violation cannot be fully explained at the time of the notice, Peoria shall
include a statement to that effect in the notice. Peoria shall investigate to determine the cause of
the violation or potential violation and then shall submit an amendment to the notice, including a
full explanation of the cause of the violation or potential violation, within 30 Days of the Day
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Peoria becomes aware of the cause of the violation or potential violation. Nothing in this
Paragraph relieves Peoria of its obligations to provide the requisite notice for purposes of
B. GPSSD Requirements
VI.B.1 and VI.B.2, GPSSD shall submit a completion report for the project(s) at issue for EPA
and Illinois EPA review and approval. The completion report shall document that the project
b. Within 30 days of discharging from Outfalls 005 and/or 006, until removal
of said Outfalls from the GPSSD NPDES permit, GPSSD will submit a report (which may be
satisfied with a copy of the relevant portion in GPSSD’s Discharge Monitoring Report, provided
it contains the information below) to EPA and Illinois EPA with the following information for its
ii. BOD5 concentration in milligrams per liter for each sample taken;
iii. Total Suspended Solids concentration in milligrams per liter for each
sample taken;
iv. Fecal Coliform in colony forming units per 100 millimeters for each
sample taken;
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vi. Chlorine Residual in milligrams per liter for each sample taken when
c. By April 1 after the Effective Date and continuing by April 1 each year,
until termination of this Consent Decree, GPSSD shall electronically submit a status report
(“GPSSD Annual Report”) for the preceding year to EPA and Illinois EPA. In each GPSSD
in or from the Sanitary Sewer System in the preceding year; this tabulation will include the
following information:
Backup;
occurred;
Building/Property Backup;
Backup;
(f) the total amount of rainfall (in inches) and the duration of
rainfall (including start and end dates and times) if a precipitation event caused or contributed to
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waters of the SSO, storm sewer discharge location, property address of basement, or location of
standing water);
(j) the date(s) and time(s) GPSSD’s response crew arrived and
GPSSD to meet during the preceding 12-month period, and a statement regarding whether or not
and to what extent GPSSD met those requirements, the reasons for any noncompliance, and a
general description of the work completed by GPSSD within the preceding 12-month period.
Decree during the next 12-month period (notification to EPA and the State of any anticipated
delay in meeting a deadline shall not, by itself, excuse the delay); and
which is also provided to Illinois EPA. GPSSD may include some or all information in
Paragraph 78.c. above in the Annual CMOM Report in order to avoid duplicative reporting.
requirement of this Consent Decree, GPSSD shall submit written notice of such violation or
potential violation, and its likely duration, to the United States and the State within five Business
Days of when GPSSD first became aware of the violation or potential violation. The notice shall
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include an explanation of the violation’s or potential violation’s likely cause and of the remedial
steps taken, or planned, to prevent or minimize the violation or potential violation. If the cause
of the violation or potential violation cannot be fully explained at the time the notice is due,
GPSSD shall include a statement to that effect in the notice. GPSSD shall investigate to
determine the cause of the violation or potential violation and then shall submit an amendment to
the notice, including a full explanation of the cause of the violation or potential violation, within
30 Days of the Day the GPSSD first becomes aware of the cause of the violation or potential
violation. Nothing in this Paragraph relieves GPSSD of its obligation to provide the requisite
79. In the case of any violation of this Consent Decree or any of the applicable permit
limitations or any other event affecting a Defendant’s performance under this Decree, or the
performance of its respective portion of the Combined Sewer System, Sanitary Sewer System,
and/or POTW, that may pose an immediate threat to the public health or welfare or the
environment, that Defendant shall notify EPA and Illinois EPA orally or by email as soon as
possible, but not later than 24 hours after the Defendant first knew of, or should have known of,
the violation or event. This procedure is in addition to the requirements set forth in the preceding
Paragraphs.
80. Each report that Defendants submit pursuant to this Section shall be signed by an
appropriate official or authorized agent of the submitting party and include the following
certification:
I certify under penalty of law that I have examined and am familiar with the
information submitted in this document and all attachments and that this document
and its attachments were prepared either by me personally or under my direction or
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The certification requirement does not apply to emergency or similar notifications where
81. The reporting requirements of this Consent Decree do not relieve Defendants of
any reporting obligations required by the Clean Water Act or implementing regulations, or by
any other federal, state, or local law, regulation, permit, or other requirement.
82. The United States and the State may use any information generated or provided
pursuant to this Consent Decree in any proceeding to enforce the provisions of this Consent
Decree, in any proceeding pursuant to Section XII (Dispute Resolution) of this Decree, and as
otherwise permitted by law. In any of the proceedings described in the preceding sentence,
Defendants shall not object to the admissibility into evidence of information submitted by
X. STIPULATED PENALTIES
83. Defendants shall be liable for stipulated penalties to be paid to the United States
and the State as specified below, unless excused under Section XI (Force Majeure) of this
Decree. A violation includes failing to perform any obligation required of the respective
Defendant by this Decree, according to all applicable requirements of this Decree and the
appendices and within the specified time schedules established by or approved under this Decree.
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84. Civil Penalty. If a Defendant fails to pay its civil penalty pursuant to Section V
(Civil Penalty) of this Decree when due, the Defendant shall pay a stipulated penalty of $1,000
85. Peoria: Submittals. The following stipulated penalties shall accrue against Peoria
per violation per day for each failure to comply with any deadline for submission of the
following: the CSO Remedial Measures Program, any Revised CSO Remedial Measures
Program, any Starting Conditions Model Replacement Report, Interim Performance Criteria
Monitoring Report, any Interim Performance Criteria Corrective Action Plan, any Supplemental
86. Peoria: Interim Performance Criteria. The following stipulated penalties shall
accrue against Peoria per violation per day for each failure to comply with (i) an aspect of the
Interim Performance Criteria until agency approval of the associated Interim Performance
Criteria Corrective Action Plan; or (ii) a requirement of the Interim Performance Criteria Report:
87. Peoria: CSO Remedial Measures Operations & Maintenance Plan. Stipulated
penalties shall accrue against Peoria at the rate of $1,000 per violation per day for failure to
implement any provision of the CSO Remedial Measures Operations and Maintenance Plan, or
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any violation of a requirement contained in the CSO Remedial Measures Operations and
Maintenance Plan.
88. Peoria: CSO Discharges After December 31, 2039. The following stipulated
penalties shall accrue against Peoria per violation per day for any CSO discharge from any of
Peoria’s CSO Outfalls that occurs after December 31, 2039, during a precipitation event equal to
or less than Peoria’s Six-Month Design Storm, pursuant to the analysis in Paragraph 44.f, unless
Peoria demonstrates that the discharge results from (i) GPSSD’s failure to construct or carry out
Flow Rate or (ii) conditions in a portion of the Combined Sewer System not owned by Peoria:
89. Peoria: Final Performance Criteria. The following stipulated penalty shall accrue
against Peoria if Peoria does not meet any of the conditions of its Final Performance Criteria, as
defined in Paragraph 9.u: $250 a day, until Peoria submits its Supplemental Compliance Plan
part pursuant to Paragraph 74, a $250 a day stipulated penalty shall accrue against Peoria during
the time between the Supplemental Compliance Plan’s disproval and resubmission.
90. Peoria: Combined Sewer System Releases. The following stipulated penalties
shall accrue against Peoria per violation per day for any Combined Sewer System Release within
91. Peoria: Dry Weather Overflows. Stipulated penalties shall accrue against Peoria
at the rate of $3,000 per discharge per day for any CSOs during dry weather.
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92. GPSSD: Combined Sewer System Projects. The following stipulated penalties
shall accrue against GPSSD per violation per day for each failure to comply with the
93. GPSSD: CSO Discharges After December 31, 2039. The following stipulated
penalties shall accrue against GPSSD per violation per day for any CSO discharge from any of
Peoria’s CSO Outfalls when that discharge occurs after December 31, 2039, during a
precipitation event equal or less than Peoria’s Six-Month Design Storm, pursuant to the analysis
in Paragraph 44.f of this Consent Decree, if the discharge occurs as a result of GPSSD’s failure
GPSSD at the rate of $3,000 per discharge per day for any unpermitted discharges in the Sanitary
Sewer System.
95. GPSSD: Submittals. The following stipulated penalties shall accrue against
GPSSD per violation per day for each failure to comply with any deadline for submission of the
following: Project completion reports, Final Design Report and the Annual Reports:
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96. GPSSD: Outfall Elimination. The following stipulated penalties shall accrue
against GPSSD per violation per day for failure to meet the schedule in the approved Final
Design Reports projects to eliminate discharges and eliminate the outfalls from the Remote
Treatment Units:
97. GPSSD: CMOM Violations. Stipulated penalties shall accrue against GPSSD at
the rate of $1,000 per violation per day for each noncompliance with any requirement in its
98. The following Stipulated Penalty shall accrue for each noncompliance with any
other requirement of this Decree for which no Stipulated Penalty is specified: $500 per Day.
99. Stipulated penalties pursuant to this Section shall begin to accrue on the Day after
performance is due or on the Day a violation occurs, whichever is applicable, and shall continue
to accrue until performance is satisfactorily completed or until the violation ceases. Stipulated
penalties shall accrue simultaneously for separate violations of this Consent Decree. Multiple
penalties may accrue on any one Day for different violations of different requirements of this
Consent Decree even if such violations are caused by the same set of circumstances.
100. A Defendant shall pay stipulated penalties within 30 Days of the date of a written
demand made to that Defendant for payment. Either EPA or Illinois EPA, or both, may elect to
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demand stipulated penalties under this Section, however, EPA and Illinois EPA shall consult
with each other before making any demand. Where both agencies demand stipulated penalties,
any such penalties determined to be owing shall be paid 50 percent to the United States and 50
percent to the State of Illinois. Where only one Plaintiff demands stipulated penalties, the entire
amount of stipulated penalties shall be payable to that sovereign. The Plaintiff making a demand
for payment of a Stipulated Penalty shall simultaneously send a copy of the demand to the other
Plaintiff. In no case shall the determination by one sovereign not to seek stipulated penalties
preclude the other sovereign from seeking stipulated penalties in accordance with the Decree.
101. Either Plaintiff may in the unreviewable exercise of its discretion, reduce or waive
any Dispute Resolution but need not be paid until the following:
a decision of EPA or Illinois EPA that is not appealed to this Court, a Defendant shall pay
accrued penalties determined to be owing, together with interest, within 30 Days of the date that
the Defendant signs the written agreement or receipt of EPA’s or Illinois EPA’s decision or
order;
Decree and either the United States or the State prevails in whole or in part, that Defendant shall
pay all accrued penalties that the court determines to be owing, together with interest, within 60
Days of the date of the court’s decision or order, except as provided in subparagraph c of this
Paragraph; or
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c. if any Party appeals the district court’s decision, the Defendant shall pay,
within 20 Days of the date of the final appellate court decision, all accrued penalties that the
103. Defendants shall pay stipulated penalties owing to the United States and the State
in the manner set forth and with the confirmation notices required by Paragraph 11, except that
the transmittal letter shall state that the payment is for stipulated penalties and shall state for
104. If a Defendant fails to pay stipulated penalties according to the terms of this
Consent Decree, that Defendant shall be liable for interest on such penalties, as provided for in
28 U.S.C. Section 1961, accruing as of the date payment became due. Nothing in this Paragraph
shall be construed to limit the United States or the State from seeking any remedy otherwise
Rights), the stipulated penalties provided for in this Consent Decree shall be in addition to any
other rights, remedies, or sanctions available to the United States or the State for a Defendant’s
violation of this Consent Decree or applicable law. Where a violation of this Consent Decree is
also a violation of the CWA, the applicable regulations or State law, that Defendant shall be
allowed a credit, for any stipulated penalties paid, against any statutory penalties imposed for
such violation.
106. A “Force Majeure Event” is any event beyond the control of Defendants, their
contractors, or any entity controlled by Defendants that delays or prevents the performance of
any obligation under this Consent Decree despite Defendants’ best efforts to fulfill the
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obligation. “Best efforts” includes anticipating any potential Force Majeure Event and
addressing the effects of any such event (a) as it is occurring and (b) after it has occurred, to
prevent or minimize any resulting delay to the greatest extent possible. “Force Majeure Event”
does not include Defendants’ financial inability to perform any obligation under this Consent
Decree.
107. If any event occurs or has occurred that may delay or prevent the performance of
any obligation under this Consent Decree, whether or not caused by a Force Majeure Event, the
Defendant responsible for the obligation shall provide notice orally or by email to EPA and
Illinois EPA within five Business Days of when Defendant first knew that the event might cause
a delay. Within seven Days thereafter, the Defendant responsible for the obligation shall provide
in writing to EPA and Illinois EPA an explanation and description of (a) the reasons for the delay
performance; (c) all actions taken or to be taken to prevent or minimize the delay or prevention
mitigate the delay or the effect of the delay or prevention of performance; (e) Defendant’s
rationale for attributing such delay or prevention of performance to a Force Majeure Event if it
intends to assert such a claim; and (f) a statement as to whether, in the opinion of Defendant,
such event may cause or contribute to an endangerment to public health, welfare, or the
environment. The Defendant responsible for the obligation shall include with any notice all
available documentation supporting the claim that the delay or prevention of performance was
attributable to a Force Majeure Event. Failure to comply with the above requirements shall
preclude Defendant from asserting any claim of force majeure for that event for the period of
time of such failure to comply, and for any additional delay or prevention of performance caused
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by such failure. Defendants shall be deemed to know of any circumstance of which Defendants,
any entity controlled by Defendants, or Defendants’ contractors knew or should have known.
108. If EPA, after consultation with the State, agrees that a Force Majeure Event has
occurred, the United States and the State may agree to extend the time for Defendant to perform
the affected requirements for the time necessary to complete those obligations. An extension of
time to perform obligations affected by a Force Majeure Event shall not, by itself, extend the
time to perform any other obligation. EPA will notify Defendant in writing of the length of the
extension, if any, for performance of the obligations affected by the Force Majeure Event.
Defendants shall not be liable for stipulated penalties or other remedies Plaintiffs would
otherwise have under this Consent Decree for the period of the extension.
109. If EPA, after consultation with the State, does not agree that the delay or
anticipated delay has been or will be caused by a Force Majeure Event, EPA will notify
110. If the Defendant responsible for the obligation elects to invoke the dispute
resolution procedures set forth in Section XII (Dispute Resolution), it shall do so no later than 30
Days after receipt of the notice. In any such proceeding, Defendants shall have the burden of
demonstrating by a preponderance of the evidence that (a) the delay or anticipated delay or
prevention of performance has been or will be caused by a Force Majeure Event, (b) the duration
of the delay or the extension or excuse sought was or will be warranted under the circumstances,
(c) best efforts were exercised to avoid and mitigate the effects of the delay or prevention of
performance, and (d) Defendants complied with the requirements of Paragraphs 106 and 107. If
Defendants carry this burden, the delay or prevention of performance at issue shall be deemed
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not to be a violation by Defendants of the affected obligation of this Consent Decree identified to
111. Unless otherwise expressly provided for in this Consent Decree, the dispute
resolution procedures of this Section shall be the exclusive mechanism to resolve disputes arising
under or with respect to this Consent Decree. A Defendant’s failure to seek resolution of a
dispute under this Section shall preclude that Defendant from raising any such issue as a defense
to an action by the United States or the State to enforce any obligation of the respective
112. Informal Dispute Resolution. Any dispute subject to dispute resolution under this
Consent Decree shall in the first instance be the subject of informal negotiations. A dispute shall
be considered to have arisen when a Defendant sends the United States and the State a written
Notice of Dispute clearly stating the matter in dispute. The period of informal negotiations shall
not exceed 30 Days from the date the dispute arises, unless that period is modified by written
agreement. If the Parties cannot resolve a dispute by informal negotiations, then the position
advanced by the United States shall be considered binding, unless within 30 Days after the
conclusion of the informal negotiation period, the Defendant invokes formal dispute resolution
113. Formal Dispute Resolution. A Defendant shall invoke the formal dispute
resolution procedures within the time period provided in the preceding Paragraph, by serving on
the United States and the State a written Statement of Position on the matter in dispute. The
Statement of Position shall include, but need not be limited to, any factual data, analysis, or
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opinion supporting the Defendant’s position and any supporting documentation relied upon by
the Defendant.
114. The United States, after consultation with the State, shall serve its Statement of
Position within 45 Days of receipt of a Defendant’s Statement of Position. The United States’
Statement of Position shall include, but need not be limited to, any factual data, analysis, or
opinion supporting that position and any supporting documentation relied upon by the United
States. The Statement of Position by the United States shall be binding on the respective
Defendant, unless that Defendant files a motion for judicial review of the dispute in accordance
115. An administrative record of the dispute shall be maintained by EPA and shall
116. A Defendant may seek judicial review of the dispute by filing with this Court and
serving the United States and the State in accordance with Section XVI (Notices) a motion
requesting judicial resolution of the dispute. The motion must be filed within 20 Days of the
receipt of the United States’ Statement of Position pursuant to Paragraph 114. The motion shall
contain a written statement of the Defendant’s position on the matter in dispute, including any
supporting factual data, analysis, opinion, or documentation, and shall set forth the relief
requested and any schedule within which the dispute must be resolved for orderly
117. The United States, after consultation with the State, shall respond to a
Defendant’s motion within the time period allowed by the Local Rules of this Court.
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otherwise provided in this Consent Decree, in any dispute requiring Formal Dispute Resolution
schedules, or any other items requiring approval by the United States and/or the State under this
Consent Decree; (ii) the adequacy of the performance of work undertaken pursuant to this
Consent Decree; and (iii) all other disputes that are accorded review on the administrative record
under applicable principles of administrative law, the disputing Defendant(s) shall have the
burden of demonstrating, based on the administrative record, that the position of the United
States, after consultation with the State, is arbitrary and capricious or otherwise not in
any other dispute brought under Paragraph 116, the disputing Defendant(s) shall bear the burden
of demonstrating that its position complies with this Consent Decree and better furthers the
119. The invocation of dispute resolution procedures under this Section shall not, by
itself, extend, postpone, or affect in any way any obligation of a Defendant under this Consent
Decree, unless and until the final resolution of the dispute so provides. Stipulated penalties with
respect to the disputed matter shall continue to accrue from the first Day of noncompliance but
payment shall be stayed pending resolution of the dispute as provided in Paragraph 102. If a
Defendant does not prevail on the disputed issue, any stipulated penalties determined to be owed
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120. The United States, the State, and their representatives, including attorneys,
contractors, and consultants, shall have the right of entry to the WWTP, Riverfront Interceptor,
Remote Treatment Units, Combined Sewer System, Sanitary Sewer System, and all Outfalls
covered by this Consent Decree, at all reasonable times, upon presentation of credentials, to:
b. verify any data or information submitted to the United States or the State
in accordance with this Consent Decree, Defendants’ NPDES Permits, the Clean Water Act, or
State law;
121. Upon request, Defendants shall provide EPA and Illinois EPA or their authorized
representatives splits of any samples taken by Defendants. Upon request, EPA and the State
shall provide Defendants splits of any samples taken by EPA or the State.
122. Until five years after termination of this Consent Decree, each Defendant shall
retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all
records and documents (including records or documents in electronic form) in its possession,
custody, or control, or that come into the possession, custody, or control of that Defendant or its
contractors or agents, and that relate in any manner to that Defendant’s performance of its
obligations pursuant to this Consent Decree. This record retention requirement shall apply
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time during this record-retention period, the United States or the State may request copies of any
Paragraph, each Defendant shall notify the United States and the State at least 90 Days prior to
the destruction of any documents, records, or other information subject to the requirements of the
preceding Paragraph, and, upon request by the United States or the State, the notifying
Defendant shall deliver any such documents, records, or other information to EPA or the State. A
Defendant may assert that certain documents, records, or other information are privileged under
the attorney-client privilege or any other privilege recognized by federal law. If a Defendant
asserts such a privilege, it shall provide the following: (a) the title of the document, record, or
information; (b) the date of the document, record, or information; (c) the name and title of each
author of the document, record, or information; (d) the name and title of each addressee and
recipient; (e) a description of the subject of the document, record, or information; and (f) the
created or generated pursuant to the requirements of this Consent Decree shall be withheld on
grounds of privilege. A Defendant also may assert that information required to be provided
C.F.R. Part 2. As to any information that a Defendant seeks to protect as CBI, that Defendant
shall follow the procedures set forth in 40 C.F.R. Part 2. However, no documents, records, or
other information created or generated pursuant to the requirements of this Consent Decree shall
124. This Consent Decree in no way limits or affects any right of entry and inspection,
or any right to obtain information or documents, held by the United States or the State pursuant
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to applicable federal or state laws, regulations, or permits, nor does this Decree limit or affect
125. This Consent Decree resolves the civil claims of the United States and the State
for the violations alleged in the Complaint filed in this case and/or described in the preamble of
126. The United States and the State reserve all legal and equitable remedies available
to enforce the provisions of this Consent Decree except as expressly stated in Paragraph 125.
This Consent Decree shall not be construed to limit the rights of the United States or the State to
obtain penalties or injunctive relief under the Act or implementing regulations, or under other
federal or state laws, regulations or permit conditions, except as expressly specified in Paragraph
125. The United States and the State further reserve all legal and equitable remedies to address
any imminent and substantial endangerment to the public health or welfare of the environment,
States or the State for injunctive relief, civil penalties, or other appropriate relief relating to a
Defendant’s violations, that Defendant shall not assert, and may not maintain, any defense or
claim based on the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim
preclusion, claim-splitting, or other defenses based on any contention that the claims raised by
the United States or the State in the subsequent proceeding were or should have been brought in
this case, except with respect to claims that specifically were resolved pursuant to Paragraph 125
of this Decree.
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128. This Consent Decree is not a permit, or a modification of any permit, under any
federal, State, or local law or regulation. Defendants are responsible for achieving and
maintaining complete compliance with all applicable federal, State, and local laws, regulations
and permits; and Defendants’ compliance with this Consent Decree shall be no defense to any
action commenced pursuant to any such laws, regulations, or permits except as set forth herein.
The United States and the State do not by their consent to the entry of this Consent Decree,
warrant or aver in any manner that Defendants’ compliance with any aspect of this Consent
Decree will result in compliance with the provisions of Section 301(a) of the Act, 33 U.S.C.
1311, et seq., or with any other provisions of federal, State or local laws, regulations, or permits.
129. This Consent Decree does not limit or affect the rights of the United States, the
State, or Defendants against any third parties that are not Parties to this Decree, nor does the
Decree limit the rights of such third parties against Defendants, except as otherwise provided by
law.
130. This Consent Decree shall not be construed to create rights in, or grant any cause
of action to, any third party not a Party to this Consent Decree.
131. The Parties shall bear their own costs and attorneys’ fees in this case and all other
matters related to this Consent Decree, except that the United States and the State shall be
entitled to collect the costs and attorneys’ fees incurred in any action necessary to collect any
portion of the civil penalties or any portion of any stipulated penalties due but not paid timely by
Defendants.
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XVI. NOTICES
communications are required by this Consent Decree, they shall be made in writing and
States and/or EPA; the State of Illinois and/or Illinois EPA; and GPSSD shall be submitted, to
If sent by Courier:
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
150 M St. NW
Room 2.900
Washington, DC 20002
Re: DJ # 90-5-1-1-08724
If sent by email:
EESCDCopy.ENRD@usdoj.gov
Re: DJ # 90-5-1-1-08724
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If sent by email:
middleton.keith@epa.gov
and
r5weca@epa.gov
As to the State and/or the Illinois Attorney General (either method below, email
preferred):
If sent by email:
EOLaughlin@atg.state.il.us
If sent by email:
Todd.Bennett@Illinois.gov
As to Peoria:
and
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If sent by email:
epowers@btlaw.com
As to the District:
Executive Director
Greater Peoria Sanitary District
2322 S. Darst Street
Peoria, IL 61607-2093
bjohnson@gpsd.org
Roy M. Harsch
209 S River Ln
Geneva, IL 60134
roymharsch@gmail.com
133. Any Party may, by written notice to the other Parties, change its designated
134. All electronic submittals made to EPA and Illinois EPA must be in Portable
Document Format (“pdf”) or similar format that is text searchable. If data are submitted in
electronic spreadsheet form, the Defendant will provide the data and corresponding information
in editable Excel format and not in image format. If Excel format is not available, then the
electronic format should allow for data to be used in calculations by a standard spreadsheet
program similar to Excel. The subject of the email correspondence must include the Defendant’s
name, the name of the deliverable, and the Court’s case number. If a Defendant is unable to
submit a notification, submission, or communication to EPA and Illinois EPA by email, the
Defendant shall provide the notification, submission, or communication to the mailing addresses
listed above in Paragraph 132 and include electronic format of the notification, submission, or
communication on physical media such as compact disk, flash drive, or a similar storage device.
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135. Notices submitted pursuant to this Section shall be deemed submitted on the date
they are mailed or emailed unless otherwise provided by mutual agreement of the Parties in
writing.
136. The Effective Date of this Consent Decree shall be the date on which this Consent
Decree is entered by the Court or a motion to enter the Consent Decree is granted, whichever
137. The Court shall retain jurisdiction over this case until termination of this Consent
Decree for the purpose of resolving disputes arising under this Decree or entering orders
modifying this Decree, pursuant to Sections XII (Dispute Resolution) and XIX (Modification) of
this Decree, or effectuating or enforcing compliance with the terms of this Decree.
XIX. MODIFICATION
138. The terms of this Consent Decree, including the appendices, may be modified
only by a subsequent written agreement signed by all the Parties. A Defendant’s request for
modification may be based, among other things, on: (1) an integrated plan developed in
accordance with EPA’s Integrated Municipal Stormwater and Wastewater Planning Approach
Framework, issued on June 5, 2012; or (2) a current Financial Capability Assessment (per EPA’s
Financial Capability Assessment Framework, issued on November 24, 2014). If either the
Financial Capability Assessment Framework is modified after the Effective Date, the
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Defendant’s request for modification shall be based on the version of the Framework(s) that is in
effect on the Day that the request for modification is submitted to the Plaintiffs.
Remedial Measure is not economically achievable, any modification of this Consent Decree
requested by either Peoria, GPSSD, or both shall be based on a demonstration that the
modification will result in an equal or greater environmental benefit compared to the compliance
requirements under this Consent Decree as of the Effective Date and shall meet the requirements
140. Any modification of this Consent Decree, or of any documents that are developed
pursuant to the requirements of this Decree and that become a part of the Decree, that effects a
material change to the terms of the Decree shall become effective upon a subsequent written
agreement signed by all Parties and approved by the Court. Any non-material change may be
made by written agreement of the Parties, without Court approval. Any schedule that is included
in this Decree or in any document developed pursuant to the Decree may be extended, modified,
or revised upon written agreement of the Parties, without Court approval, unless the schedule
141. Any disputes concerning the modification of this Decree shall be resolved
pursuant to Section XII (Dispute Resolution), provided, however, that, instead of the burden of
proof provided by Paragraph 118, the party seeking the modification of the Decree bears the
burden of demonstrating that it is entitled to the requested modification in accordance with Fed.
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XX. TERMINATION
this Consent Decree for a period of 12 consecutive months, and has paid the civil penalty and
any accrued stipulated penalties as required by this Consent Decree, that Defendant may serve
upon the United States and the State a Request for Termination, stating that the Defendant has
143. Following receipt by the United States and the State of a Defendant’s Request for
Termination, the Parties shall confer informally concerning the Request and any disagreement
the Parties may have as to whether the Defendant has satisfactorily complied with the
requirements for termination of this Consent Decree. If the United States, after consultation with
the State, agrees that the portions of this Consent Decree applicable to the requesting Defendant
can be terminated, the Parties shall submit, for the Court’s approval, a joint stipulation
144. If the United States, after consultation with the State, does not agree that the
Decree may be terminated, Defendant may invoke Dispute Resolution under Section XII of this
Decree. However, a Defendant shall not seek Dispute Resolution of any dispute regarding
termination until receipt of Plaintiffs’ decision regarding termination or 120 Days after service of
Decree pursuant to Paragraph 142, the United States and the State may seek the Court’s approval
to terminate this Consent Decree based upon the United States and the State’s determination that
Defendant has met the requirements for termination in accordance with this Section.
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146. This Consent Decree shall be lodged with the Court for a period of not less than
30 Days for public notice and comment in accordance with 28 C.F.R. § 50.7. The United States
reserves the right to withdraw or withhold its consent if the comments regarding the Consent
Decree disclose facts or considerations indicating that the Consent Decree is inappropriate,
improper, inadequate, or inconsistent with the purposes of the Clean Water Act. Defendants
consent to entry of this Consent Decree by the Court without further notice and agree not to
withdraw from or oppose entry of this Consent Decree by the Court or to challenge any provision
of this Consent Decree, unless the United States has notified Defendants in writing that it no
XXII. SIGNATORIES/SERVICE
147. The Assistant Attorney General for the Environment and Natural Resources
Division of the United States Department of Justice, or his designee, the Assistant Attorney
General of the Office of the Illinois Attorney General, and the undersigned representatives of
Peoria and the District each certify that he or she is authorized to enter into the terms and
conditions of this Consent Decree and to execute and bind legally the Party he or she represents
to this document.
148. Defendants agree to accept service of process by mail with respect to all matters
arising under or relating to this Consent Decree and to waive the formal service requirements set
forth in Rules 4 and 5 of the Federal Rules of Civil Procedure and any applicable Local Rules of
this Court, including, but not limited to, service of a summons. The Parties agree that the
Defendants need not file an answer to the Complaint in this action unless or until the Court
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149. This Consent Decree may be signed in counterparts, and its validity shall not be
XXIII. INTEGRATION
150. This Consent Decree and its Appendices constitute the final, complete and
exclusive agreement and understanding among the Parties with respect to the settlement
embodied in the Consent Decree and supersedes all prior agreements and understandings,
whether oral or written, concerning the settlement embodied herein. Other than any submittals
subsequently approved by EPA pursuant to this Consent Decree, no other document, nor any
Consent Decree or the settlement it represents, nor shall it be used in construing the terms of this
Decree.
151. Upon approval and entry of this Consent Decree by the Court, this Consent
Decree shall constitute the final judgment of the Court as to the United States, the State, and
Defendants.
XXV. APPENDICES
152. The following appendices are attached to and are part of this Consent
Decree:
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Depths
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FORTHECITYOFPEORIA
B:l@Z0 2:0
Date
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Notes:
Example Storm #1 would be used in the Interim Performance Criteria Analysis.
Example Storm #2 would not be used in the Interim Performance Criteria Analysis.
1) Peoria will use this table to evaluate whether the precipitation event that occur during the
interim performance criteria period (on or before December 31, 2039), pursuant to the
requirements in Paragraphs 33.c. and 34.c. of this Consent Decree.
2) Peoria will supply the names of the real rain gauges being used (the rain gauges above were
used for example purposes)
3) A precipitation event will be included in the interim performance criteria period analysis,
pursuant to the requirements in Paragraphs 33.c. and 34.c. of this Consent Decree, if the storm
event's 2-hour, 3-hour, and 6-hour peaks are all less than or equal to the criteria.
1:20-cv-01444-JES-JEH # 2-1 Page 97 of 116
Notes:
Example Storm #1 would be used in the Final Performance Criteria Analysis.
* Peoria may need to conduct further analysis for these peaks, pursuant to Paragraph 44.f.ii of this Consent Decree.
1) Peoria will use this table to evaluate its precipitation events that occur during the post-construction monitoring period (after
December 31, 2039), pursuant to the requirements in Paragraph 44.e. of this Consent Decree.
2) Peoria will supply the names of the real rain gauges being used (the rain gauges above were used for example purposes).
3) A precipitation event will be included in the post-construction monitoring analysis, pursuant to the requirements in Paragraphs 44.f.
of this Consent Decree, if the precipitation event's peaks above are all less than or equal to the Appendix F criteria.
4) Peoria will include each precipitation event's 1-6 hour peaks (as applicable) within the post-construction monitoring period and will
only include the other peaks if relevant to the analysis, as required in Paragraph 44.e.
1:20-cv-01444-JES-JEH # 2-1 Page 98 of 116
Avg Max
Start Duration Volume Intensity Intensity Interevent
Date Hour (hr) (in) (in/hr) (in/hr) (hr)
1/3/1949 3 1 0.02 0.02 0.02 111
1/3/1949 22 2 0.02 0.01 0.01 18
1/4/1949 11 6 0.2 0.03 0.13 11
1/9/1949 18 11 0.62 0.06 0.12 121
1/10/1949 18 4 0.03 0.01 0.01 13
1/11/1949 8 9 0.4 0.04 0.08 10
1/14/1949 23 10 0.07 0.01 0.02 78
1/15/1949 16 3 0.1 0.03 0.07 7
1/18/1949 4 20 1.01 0.05 0.1 57
1/23/1949 6 9 0.75 0.08 0.12 102
1/24/1949 0 1 0.01 0.01 0.01 9
1/25/1949 15 15 0.32 0.02 0.04 38
1/27/1949 6 14 0.85 0.06 0.17 24
1/28/1949 16 1 0.01 0.01 0.01 20
1/31/1949 3 3 0.02 0.01 0.01 58
2/3/1949 7 15 0.27 0.02 0.08 73
2/6/1949 5 3 0.03 0.01 0.01 55
2/12/1949 18 9 0.5 0.06 0.17 154
2/14/1949 7 15 0.3 0.02 0.05 28
2/21/1949 3 13 0.3 0.02 0.07 149
2/24/1949 5 8 0.13 0.02 0.04 61
2/27/1949 3 9 0.1 0.01 0.02 62
3/7/1949 23 1 0.01 0.01 0.01 203
3/8/1949 12 6 0.07 0.01 0.03 12
3/17/1949 21 1 0.01 0.01 0.01 219
3/21/1949 16 15 0.64 0.04 0.18 90
3/25/1949 23 20 0.94 0.05 0.51 88
3/30/1949 7 16 0.86 0.05 0.19 84
3/31/1949 17 2 0.04 0.02 0.02 18
4/5/1949 14 4 0.15 0.04 0.13 115
4/10/1949 16 6 0.04 0.01 0.02 118
4/14/1949 11 34 1.13 0.03 0.3 85
4/16/1949 23 7 0.13 0.02 0.06 26
4/21/1949 22 3 0.45 0.15 0.33 112
4/22/1949 17 4 0.15 0.04 0.07 16
4/26/1949 12 7 0.7 0.1 0.27 87
5/1/1949 7 9 0.14 0.02 0.07 108
5/8/1949 23 1 0.01 0.01 0.01 175
5/9/1949 6 3 0.38 0.13 0.2 6
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Avg Max
Start Duration Volume Intensity Intensity Interevent
Date Hour (hr) (in) (in/hr) (in/hr) (hr)
5/16/1949 6 2 0.05 0.03 0.04 165
5/16/1949 16 1 0.03 0.03 0.03 8
5/18/1949 9 1 0.02 0.02 0.02 40
5/19/1949 8 4 0.3 0.08 0.17 22
5/23/1949 10 10 0.17 0.02 0.14 94
5/25/1949 12 6 0.07 0.01 0.04 40
6/2/1949 9 3 0.11 0.04 0.1 183
6/11/1949 11 7 0.22 0.03 0.18 215
6/12/1949 22 1 0.01 0.01 0.01 28
6/13/1949 8 8 0.91 0.11 0.76 9
6/13/1949 22 4 0.28 0.07 0.24 6
6/14/1949 12 12 0.86 0.07 0.31 10
6/23/1949 1 12 0.09 0.01 0.02 193
6/24/1949 17 2 0.17 0.09 0.15 28
6/25/1949 2 2 0.52 0.26 0.49 7
6/25/1949 21 1 0.01 0.01 0.01 17
6/26/1949 12 2 0.06 0.03 0.04 14
6/28/1949 3 1 0.01 0.01 0.01 37
7/5/1949 18 1 0.04 0.04 0.04 182
7/7/1949 4 7 0.02 0 0.01 33
7/7/1949 21 1 0.1 0.1 0.1 10
7/8/1949 14 12 1.71 0.14 0.44 16
7/12/1949 14 1 0.02 0.02 0.02 84
7/18/1949 9 2 0.12 0.06 0.1 138
7/20/1949 9 3 0.05 0.02 0.03 46
7/21/1949 6 5 2 0.4 1.29 18
7/21/1949 23 1 0.06 0.06 0.06 12
7/22/1949 6 1 0.03 0.03 0.03 6
7/23/1949 7 3 0.1 0.03 0.05 24
7/23/1949 16 2 0.42 0.21 0.31 6
7/25/1949 14 1 0.15 0.15 0.15 44
7/29/1949 1 1 0.04 0.04 0.04 82
7/30/1949 1 3 0.07 0.02 0.05 23
8/1/1949 19 4 0.58 0.15 0.26 63
8/11/1949 20 7 0.09 0.01 0.05 237
8/14/1949 17 1 0.02 0.02 0.02 62
8/17/1949 10 2 0.16 0.08 0.13 64
8/19/1949 4 12 0.37 0.03 0.1 40
8/27/1949 21 9 0.05 0.01 0.02 197
8/29/1949 23 1 0.01 0.01 0.01 41
2
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Avg Max
Start Duration Volume Intensity Intensity Interevent
Date Hour (hr) (in) (in/hr) (in/hr) (hr)
9/11/1949 5 10 0.2 0.02 0.07 293
9/12/1949 2 7 0.64 0.09 0.35 11
9/12/1949 22 6 0.09 0.02 0.06 13
9/18/1949 1 3 0.62 0.21 0.56 117
9/21/1949 4 2 0.07 0.04 0.06 72
10/3/1949 0 6 0.06 0.01 0.04 282
10/4/1949 16 1 0.01 0.01 0.01 34
10/5/1949 22 14 1.35 0.1 0.44 29
10/8/1949 6 1 0.19 0.19 0.19 42
10/10/1949 12 2 0.1 0.05 0.08 53
10/11/1949 12 2 0.03 0.02 0.02 22
10/20/1949 7 3 0.24 0.08 0.11 209
10/21/1949 0 7 0.46 0.07 0.17 14
10/21/1949 20 1 0.06 0.06 0.06 13
11/12/1949 16 3 0.21 0.07 0.12 523
11/13/1949 2 2 0.05 0.03 0.03 7
11/13/1949 13 5 0.15 0.03 0.11 9
11/14/1949 15 1 0.02 0.02 0.02 21
11/24/1949 3 5 0.17 0.03 0.1 227
11/24/1949 14 6 0.05 0.01 0.01 6
12/3/1949 15 2 0.09 0.05 0.08 211
12/9/1949 17 3 0.05 0.02 0.03 144
12/10/1949 20 20 1.18 0.06 0.53 24
12/17/1949 18 8 0.45 0.06 0.18 146
12/22/1949 11 6 0.02 0 0.01 13
12/25/1949 8 25 0.77 0.03 0.12 63
12/31/1949 6 11 0.24 0.02 0.05 117
3
Appendix D: State SEP Requirements
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Background
The City of Peoria is located along the western bluffs of the Illinois River in central Illinois. A Location
Map is provided in Figure 1. Downtown Peoria and many of the City’s older neighborhoods lie below the
bluff nearest to the Illinois River and Peoria Lakes. The areas of the City that remain served by combined
sewers are largely below the bluff as well (Figure 2). As the City has grown, development occurred along
and above the bluff, with most recent growth occurring in the City’s growth cells on the north and west
sides of the City’s corporate limits.
The City of Peoria is served by the Greater Peoria Sanitary District (GPSD) which owns and operates the
majority of the sanitary sewers within the City of Peoria. The wastewater is conveyed to the GPSD
treatment plant at the far southern end of the City where it is treated and discharged, under permit, to
the Illinois River. During heavy rain or snowmelt, combined sewer overflows (CSOs) can occur at up to
16 permitted outfalls, with the majority occurring at an average of only 5 locations. The City, GPSD, and
the EPA continue to work together to reduce these overflows that can impact the water quality of the
Illinois River.
Additionally, the Illinois River and Peoria Lakes have received significant attention in recent decades
regarding sedimentation and its impacts to water quality, habitat, capacity for flood conveyance, and
navigation. Numerous studies have identified the impacts that development and agriculture on both the
uplands and the bluffs have had on the rates of sedimentation from the local friable soils into the Peoria
Lakes (e.g. Mossville Bluffs Watershed Restoration Master Plan, Tri County Regional Planning
Commission, City of Peoria, and Peoria County, October 2002). Sedimentation has been shown to
significantly impact the main navigation channel as well as overall water quality, fisheries, and riparian
habitat throughout the Peoria Lakes.
The City of Peoria, Peoria County, the Tri-County Regional Planning Commission, Peoria Park District and
many other agencies, stakeholders, and citizens have continually sought opportunities to protect natural
resources, implement sustainable solutions, stabilize eroding uplands and waterways, and reduce local
sediment loads into the Illinois River. Studies have been conducted and multiple projects initiated
throughout the region to begin to address the problem. Native plantings, woodland management,
stormwater management, ravine stabilization and general best management practices have been
implemented at local levels in a variety of small projects. Particular attention has been given to
identifying and stabilizing or protecting highly erodible tributaries along the bluffs within the City of
Peoria.
1:20-cv-01444-JES-JEH # 2-1 Page 103 of 116
Springdale Cemetery is bisected from north to south by Turkey Creek, sometimes referred to as
Springdale Creek (Figure 4). The creek has a watershed of approximately 360 acres as it passes beneath
War Memorial Drive at the northern extent of the Cemetery property and 610 acres as it passes beneath
Black Bridge at the cemetery’s southern extent. Turkey Creek then continues south along Perry Avenue
before turning southeast, being passed below Jefferson and Adams Streets in large box culverts before
discharging to the Illinois River just south of the Komatsu Manufacturing Plant on the River’s western
shore. The total watershed of the creek at its mouth is 1,434 acres (2.24 square miles). The creek is
shown to have an average slope of 1.5% or 79 feet per mile at the downstream extent of the cemetery
with a 100-year peak flow rate of 2,330 cubic feet per second (cfs) according to the IDNR’s Streamstats
estimation module, when including the adjustments for an urban watershed. The FEMA floodplain map
does show that the reach has been studied and within the cemetery the mapped 100-year floodplain
appears to be fairly narrow in relation to the channel itself (Figure 5).
The formation of small deltas from similar local creeks like Farm Creek, Funk’s Run, Ten Mile Creek and
Blue Creek in East Peoria and Kickapoo Creek, Senachwine Creek, Mossville Creek and Dickison Run in
the Peoria Lakes region are often cited as obvious examples of the high sediment loads from such
tributaries. Erosion rates from Turkey Creek or its sedimentation into the Illinois River are not known to
have been measured directly, however several past studies by the Illinois State Water Survey and others
have shown that the creeks and steep ravines along the local bluffs can be significant contributors to the
overall sedimentation in the Peoria Lakes and Illinois River navigation channel. One study estimated the
annual sediment load from small watersheds directly tributary to the lake averaged 3 tons of sediment
per acre of watershed. The same publication cites the major factors of this sedimentation as watershed
erosion, stream bank erosion and gully erosion along the bluff that surrounds the lake. It specifically
recommends best management practices in the watershed and waterways to control erosion, including
protecting streambanks and gulleys in the bluffs immediately adjacent to the Illinois River.
“The best results will be achieved if most of the effort and money is spend to control the input of
sediment from the tributary streams to the lake.”
Of additional interest as background to the proposed SEP are the unique features of Springdale
Cemetery, the protection of which provides ancillary benefit to the health and viability of both bluff
habitats and community wellbeing in addition to water quality improvements in the Illinois River. Being
set aside as a cemetery and recreational preserve more than 170 years ago, Springdale Cemetery
maintains unique woodland, prairie, and riparian habitat within a 227-acre preserve surrounded by the
urban core of the City of Peoria. Many ongoing efforts continue by the Peoria Park District, Springdale
Historic Preservation Foundation and various non-profit stakeholder groups to perform restoration and
preservation projects, understanding the unique opportunities to protect and provide habitat and
ecosystem diversity. Furthermore, from its inception in the mid 1800’s Springdale Cemetery has held
the mission of being both a burial place and a community asset – providing an urban setting for
1:20-cv-01444-JES-JEH # 2-1 Page 104 of 116
Project Objective
The City of Peoria recognizes the importance of a clean, viable Illinois River and Peoria Lakes to human
health and the environment. The City proposes to implement stream restoration practices within Turkey
Creek and Springdale Cemetery to reduce bluff and stream erosion and, ultimately, sedimentation into
the Illinois River to improve water quality, navigation, and habit. A conceptual summary of the SEP is
provided in Figure 6. The City of Peoria has no legal requirement to improve Turkey Creek within
Springdale Cemetery. Neither does it have any obligation to control/reduce sedimentation, nutrient, or
Total Suspended Solids (TSS) loading in the Illinois River from Turkey Creek. The City acknowledges that
the proposed Supplemental Environmental Project will provide benefit to the water quality of the Illinois
River. The City is considering a stream restoration project with total costs estimated at approximately
$200,000 for which the City proposes acceptance as an SEP for addition to the settlement agreement.
Project Description
As Turkey Creek bisects Springdale Cemetery it passes beneath what is colloquially known as White
Bridge running down the main north-south valley in the center of the cemetery, before passing below
Black Bridge and exiting at its southern extent. The creek is well defined, with very shallow water during
baseflows. Many small tributaries and ravine gullies enter the channel throughout the cemetery, with
the occasional area drain, or roadside gutter or storm sewer entering the creek. In portions of the
channel, concerted efforts to provide both grade control and/or streambank stabilization (usually in the
form of large stone or gabion baskets) have been completed.
One segment of the creek, upstream of Black Bridge, remains unprotected and is exhibiting signs of
downcutting, streambank erosion, and habitat loss. Some efforts to stabilize selected sections of the
bank by dumping some riprap or large boulders have occurred in the past, but portions of the channel
remain unstable, with areas of deep cutting along the banks, which are beginning to threaten some
burial plots. Photographs are provided.
The City’s proposed Supplemental Environmental Project focuses on addressing portions of Turkey Creek
to provide grade control and restoration of a natural streambank on both sides of the creek. The
proposed project would include a pool and riffle complex with Newbury or cross vane weirs and the
reconstruction of both sides of the channel bank with a base of rock armament or a similarly suited
gabion or green gabion system, as recommended by the NRCS with a focus on enhancing the natural
bank and providing a restored streambank through green practices. Conceptual diagrams of the
alternates proposed are provided in Figures 7 and typical details of the possible treatment to be used are
included in Figures 8 and 9. Additional design features would be included to focus on the restoration of
habitat and preservation of native species in addition to the bank armament.
The SEP would focus efforts on green armament methods of providing grade controls and profile/habitat
restoration to protect the soft soils in the ravine. Approximately 400 lineal feet is proposed for
treatment where the gulley erosion has been identified as the most extreme. The project scope will be
limited to providing grade control and erosion protection, and the existing sidewalk will remain.
1:20-cv-01444-JES-JEH # 2-1 Page 105 of 116
To estimate the benefits of the proposed restoration projects on the downstream sediment and nutrient
loading, the USEPA EPA Region 5 equations were utilized to estimate load reductions resulting from the
implementation of the BMP’s identified above. While these spreadsheets are based on general
assumptions and utilize typical values for reductions that may differ depending on the treatment
selected, the method provides an opportunity to evaluate the relative impacts of the project and show
where resources might be most effectively applied. The Region 5 equations have identified that
significant annual reductions in sediment and nutrients can be achieved by implementing the proposed
BMPs in Springdale. The streambank restoration effort is shown to reduce downtown sediment loads
approximately 44 tons/year with reductions of 36 and 74 lbs/year in phosphorous and nitrogen,
respectively.
The proposed project has been reviewed for potential challenges with respect to various environmental
and regulatory requirements. While a deeper analysis may be required during preliminary design and
entitlements, a cursory screen is appropriate for review at the conceptual level to determine
applicability for SEP.
Section 6(f) Land and Water Conservation Fund Act Spaces (LAWCON) protected properties are
not anticipated to be impacted by the bank stabilization proposed in this SEP.
Open Space Lands Acquisition and Development (OSLAD) land conversion issues are not
anticipated to be encountered as part of the proposed SEP, as the scope is limited to
maintenance and protection of existing resources and no open spaces, parklands, or recreational
areas are anticipated to be impacted, converted, or developed as part of the project.
The proposed work in Turkey Creek will require coordination with the US Army Corps of
Engineers to obtain Nationwide Permits for Bank Stabilization and Maintenance as it would
qualify as waterway subject to permitting under Section 404 of the Clean Water Act. As
proposed filling would be limited to rock and natural armament for the grade control and bank
protection measures, generally coordination with the Corps (Rock Island District) early in the
project allows for scope and design revisions to minimize impacts and qualify for minimal
appropriate permitting.
While Springdale Cemetery is on the National Historic Register and coordination will be critical,
the proposed SEP would not involve direct impacts to existing historic infrastructure. Early and
continual communication with the IHPA and other authorities will need to be necessary to
maintain compliance with all applicable regulations and obtain appropriate signoff. However,
the scope is limited to providing protection within existing waterways to mitigate ongoing
impacts to historical infrastructure and approval by IHPA and other authorities having
jurisdiction over historical resources is anticipated.
With work being proposed in a cemetery, careful coordination with the IHPA and other entities
will be critical to identifying any concerns regarding cultural resources and addressing them both
in design and during construction. On-call monitoring by archeological professionals during
construction might need to be considered for specific reaches where erosion and bank cutting
1:20-cv-01444-JES-JEH # 2-1 Page 106 of 116
With the unique bluff habitat, woodlands, and adjacent ongoing restorations, it is anticipated
that a higher level of investigation may be encountered with respect to bat habitat or other
sensitive receptors during project scoping and permitting. Although the project scope will focus
on maintenance and stabilization of existing waterways and tree clearing will be minimized, care
will need to be taken during design and construction to identify, protect and preserve any
sensitive habitats that are identified.
The Turkey Creek watershed at the project site has been shown to be less than a square mile in
the urban Peoria core. Therefore, floodway construction permitting from the Illinois
Department of Natural Resources (IDNR) is not anticipated to be required. However,
coordination with the Agency will be necessary as any impacts to the effective FEMA flood maps
result from the proposed improvements, as the City of Peoria participates in the National Flood
Insurance Program and is responsible for maintaining updated maps when infrastructure
projects result in changes to the mapped flood profiles. At this time, the IDNR is working with
FEMA to update the aging City of Peoria flood maps and, if accepted and initiated quickly, any
revisions could be included in this ongoing remapping effort.
Best Management Practices regarding erosion control and water quality protection will be
implemented throughout the project, however coordination with the EPA regarding NPDES non-
point source water pollution control will be necessary through the City’s ongoing MS4
designation and applicable permit.
The SEP is not anticipated to have impacts to either farmland conversion, special or hazardous
wastes, navigable waterways or other environmental issues not described above.
Project Closeout
Within 30 days of the completion of post-construction monitoring, the City will submit a SEP Completion
Report to the IEPA that will include:
Project Schedule
Upon approval of the SEP, the City of Peoria is prepared to begin baseline monitoring to identify bank
geometry and estimate current sediment losses prior to beginning design and permitting. With its
potentially sensitive location, permitting may require additional effort and coordination with IHPA and
the IDNR before final design and construction can be performed. A preliminary project schedule is
provided:
1:20-cv-01444-JES-JEH # 2-1 Page 108 of 116
PROJECT SCHEDULE
Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23
SEP Approval
Baseline Monitoring
Preliminary Study and Design
Permitting
Final Design
Bidding and Award
Construction
Post Construction Monitoring
Bank Stabilization
Please fill in the gray areas below. If estimating for just one bank, put "0" in areas for Bank #2.
Example
Project Manager: Lott WWS
Project Number: WO 18-12 95-992
Landowner Initials: COP HJK
Date practices completed: 12/20/2019 8/8/1999
Table 1
LRR (ft/yr) Category Description
0.01 - 0.05 Slight Some bare bank but active erosion not readily apparent. Some rills but no vegetative
0.06 - 0.2 Moderate Bank is predominantly bare with some rills and vegetative overhang.
0.3 - 0.5 Severe Bank is bare with rills and severe vegetative overhang. Many exposed tree roots and
some fallen trees and slumps or slips. Some changes in cultural features such as
fence corners missing and realignment of roads or trails. Channel cross-section
becomes more U-shaped as opposed to V-shaped.
0.5+ Very Severe Bank is bare with gullies and severe vegetative overhang. Many fallen trees, drains
and culverts eroding out and changes in cultural features as above. Massive slips or
washouts common. Channel cross-section is U-shaped and streamcourse or gully
may be meandering.
Source: Steffen, L.J. 1982. Channel Erosion (personal communication), as printed in "Pollutants Controlled
Calculation and Documentation for Section 319 Watersheds Training Manual," June 1999 Revision;
Michigan Department of Environmental Quality - Surface Water Quality Division - Nonpoint Source
Unit. EQP 5841 (6/99).
Looking Downstream of
downstream extent at Turkey
Creek below Black Bridge
1:20-cv-01444-JES-JEH # 2-1 Page 112 of 116
Area along Turkey Creek project reach where erosion is threatening existing plots
2
1:20-cv-01444-JES-JEH # 2-1 Page 116 of 116
Appendix F: Six-Month Design Storm and Typical Year Peak Rainfall Depths
Peak
Duration Rainfall
(minutes) Depth
(inches)
5 0.06*
10 0.11*
15 0.17*
30 0.33*
Peak
Duration Rainfall
(hours) Depth
(inches)
1 0.66
2 1.11
3 1.29
4 1.39
5 1.46
6 1.53
12 1.71
18 1.71
24 1.71
48 2.05
72 2.06
85 2.28
Note:
* Peoria may need to conduct further analysis for these peaks, pursuant to Paragraph 44.f.ii of this
Consent Decree
1. The peak rainfall depths associated with the July 21, 1949 event in Peoria’s Typical Year are not
included in this table