Sterling invokes eminent domain, will pay $450K to obtain land for new wastewater treatment plant

STERLING – Sterling city officials have taken action that will finalize the location of its yet-to-be-constructed wastewater treatment facility.

The City Council unanimously approved an ordinance Monday night to accept a court order allowing the city to use eminent domain to purchase several parcels of property near the current facility’s discharge line, at a cost of $450,000, to house the new plant.

Eminent domain grants governments the power to take private property for public use, even if the owner does not want to sell it. The government must be taking the property for a public purpose and pay the owners “just compensation.”

After searching for possible locations for the new facility, engineers and city officials decided properties located near the current wastewater plant’s existing discharge line were the ideal location.

Those properties and their owners include:

• Valley Bio Consulting Inc.: Parcel ID number - 11-20-351-009 (two parcels).
• Illinois Rock Tech Inc.: Parcel ID number - 11-20-351-004 (one parcel).
• Daniel & Roberta Witmer: Parcel ID number - 11-20-352-006 (one parcel).

After appraising the properties, which were already listed for sale, the city entered negotiations with the owners, who, according to City Attorney Tim Zollinger, were asking for a “substantial” amount above fair market value.

Despite the city offering above the appraised value, it could not reach a reasonable price for the properties with the owners, leading to eminent domain legal proceedings, according to city documents. During those litigations, the city and the owners negotiated the $450,000 selling price.

Wastewater Superintendent Cory Bradshaw said the project to replace the city’s 46-year-old plant has been planned for several years to address upcoming state regulatory changes, including phosphorous reduction, which the current facility cannot accommodate.

Wastewater treatment facilities in Illinois are facing tougher phosphorus reduction regulations.

The Illinois Environmental Protection Agency’s new restrictions mainly apply to larger plants treating at least 1 million gallons a day. By 2030, these facilities will need to lower phosphorus levels to 0.5 milligrams per liter, as part of the Illinois Nutrient Loss Reduction Strategy.

Bradshaw said construction is expected to begin two to three years after the acquisition, with an additional two years for completion.

The new plant will replace Sterling’s aging wastewater facility at 2400 W. Lynn Blvd., which was built in the 1970s. Bradshaw said the current lagoon-based treatment system is becoming outdated and inefficient in terms of cost and environmental performance.

Original cost projections for the project from several years ago were calculated at $50 million to $60 million, although that figure may increase. While the exact size and square footage of the new plant has not been finalized, Bradshaw said it will be “completely different” from the current facility.

The current plant will not be decommissioned, but will instead be converted into a large lift station. Half of its 32-acre lagoon will be filled in, while the remaining portion will be used for stormwater retention. From there, wastewater will be pumped to the new facility for treatment.

Despite the size of the project, Bradshaw does not anticipate any service disruptions for residents, and the new facility will not require additional staff.