ILLINOIS POLLUTION CONTROL BOARD
    January
    10,
    1974
    )
    NORTH SHORE SANITARY DISTRICT
    )
    )
    )
    v.
    )
    PCB 73-134
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    MR. MURRAY R.
    CONZELMAN,
    appeared on behalf of the North Shore
    Sanitary District
    MR. RICHARD W.
    COSBY and MR. JOHN E.
    SLATTERY, Assistant Attorneys
    General, appeared on behalf of the Environmental Protection
    Agency
    MR. RICHARD M.
    KATES, appeared on behalf of the League of Women
    Voters of Illinois
    MR.
    BERLE
    L.
    SCHWARTZ, appeared on behalf of the City of Highland
    Park
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Dumelle):
    On April
    5,
    1973,
    the North Shore Sanitary District
    (“District”)
    filed
    a variance petition seeking authority to issue
    an additional
    2,500 single family permits representing 10,000 population equi-
    valent
    (P.E.),
    from Paragraph
    7 of the Pollution Control Board
    (“Board”) Order in the case
    of League of Women Voters,
    et
    al
    v.
    North Shore Sanitary District
    PCB 70-7,
    12,
    13,
    and 14
    (PCB 1-369,
    396).
    Paragraph
    7 of that Or~eradOpted by the Board on March
    31, 1971 provided as follows:
    “7.
    The District shall not permit any additions
    to present
    sewer
    connections,
    or new sewer connections,
    to its facilities
    until
    the District can demonstrate
    to the Board that
    it can
    adequately treat the wastes
    from those new sources
    so as not
    to violate the Environmental Protection Act,
    or
    the Rules
    and Regulations promulgated thereunder.”
    The Environmental Protection Agency (“Agency”)
    filed
    a Response
    recommending that
    the variance not be granted on May 4,
    1973.
    On
    May 17, 1973 the Board granted the Petition to Intervene which
    had been filed by the League
    of Women Voters.
    The Board granted
    the City of Highland Park’s Petition to Intervene on June
    7,
    1973.
    Hearings were held on June
    4,
    and 7,
    1973,
    and by Joint Motion of
    the Parties continued until January
    2,
    1974.
    The parties
    filed
    10—605

    -2-
    Joint Stipulation at the January
    2,
    1973 hearing
    as set out on
    pages
    3-5
    of
    this Order.
    The history of the present variance petition extends back
    to September 1,
    1970 when the League of Women Voters
    (“League”)
    filed an enforcement complaint with the Board alleging that the
    District was polluting the waters of Lake Michigan by discharging
    inadequately treated effluent directly into the Lake
    so
    as
    to
    violate the Water Quality Standards found in Sanitary Water Board
    Regulation
    -
    SWB-7
    (League of Women Voters of Illinois
    et
    al
    v.
    North Shore Sanitary District, PCB
    70-7,
    12,
    13 and 14,
    1 PCB 369).
    The Board found that the District was indeed causing water pollution
    and ordered the District to proceed with
    an extensive program of
    abatement; and the Board imposed a sewer ban upon future connections
    to the District’s Clavey Road and Waukegan Sewage Treatment
    Plants.
    On November
    2,
    1971,
    the District filed
    a petition
    seeking a variance to allow the District to issue
    8,000 P,E. of
    permits because the District had undertaken the use of chemical
    additives which they alleged had increased the capacity at
    its
    treatment plants
    (PCB
    71-343,
    3-541).
    On January 31,
    1972,
    the
    Board granted the District a variance
    to “add
    a total of 1,000
    living units or 4,000 P.E.
    to the sewers tributary to the Clavey
    and Waukegan Plant”
    (Order of the Board, North Shore Sanitary
    District v.
    Environmental Protection Agen~y,PCB 71-343,
    3-541,
    557).
    Pursuant
    to a timely request for Reconsideration, the
    Board on March
    2,
    1972 determined that
    the District should be
    permitted to allow the addition of 5,000 permits or 20,000 P.E.
    to the sewers tributary to the Waukegan and Clavey Plant, subject
    to the restriction that one-third of the permits could only be
    tributary to Clavey and the remaining two-thirds
    to the Waukegan
    Plant
    (North Shore Sanitary District v.
    EPA, PCB 71-343,
    3-697,
    702).
    On October
    24, 1972 the Board entered an Order stating that
    the so-called “Pfeffer exemption” found in Rule
    404(f) (ii) Chapter
    3, Water Pollution Rules and Regulations,
    applied
    to the District and
    rejected the Agency’s position that
    it was not available
    (North
    Shore Sanitary District
    v.
    EPA, PCB 72-367)
    The Board extended the
    original variance granted pursuant to Board Order of March
    31,
    1971
    in PCB 70-7,
    12,
    13 and 14
    (1 PCB 369),
    and extended by Order
    of the
    Board on January
    31,
    1972 and March
    2,
    1972,
    PCB 71-343
    (3 PCB 514
    and 697), until March
    2,
    1974 in an Order dated February 14,
    1973,
    PCB 72-451.
    The District in the present variance petition seeks authority
    to enable it to issue an additional
    2,500 permits or 10,000 P.E.
    because
    it has allegedly upgraded and expanded its Clavey Road
    Sewage Treatment Plant.
    Throughout
    the history of this proceeding
    the parties have always referred to permits and population equiva-
    lents
    (P,E.).
    A “permit” refers
    to the equivalent of a living unit
    housing four people.
    Thus while referring to 2,000 permits, the
    actual controlling number
    is 8,000
    P.E.
    (2,000 x 4).
    The District
    606

    -3-
    must equate
    a permit
    to an individual
    P.E.
    The parties have
    reached an agreement and submitted the following Stipulation:
    IT IS HEREBY STIPULATED AND AGREEDED by and between all of the
    parties to the above matter, by their respective attorneys
    as
    follows:
    1.
    That the Illinois Pollution Control Board has jurisdiction
    of
    the above
    cause and all of the parties thereto.
    2.
    That on March
    2,
    1972,
    the Illinois Pollution Control Board
    granted a variance to the NORTH SHORE SANITARY DISTRICT “to add
    a total of 5,000
    living units
    or
    20,000 P.E.
    to the sewers tributary
    to the Waukegan and Clavey Plants” and at
    that time
    the Board
    ordered “The DISTRICT shall apportion the allotment under the variance
    between the subject plants in approximate ratio of one-third
    of the
    new connections
    to Clavey,
    the remainder
    to Waukegan”.
    3.
    That subsequent
    to the entry aforesaid,
    the NORTH SHORE
    SANITARY DISTRICT apportioned one-third of the permits
    for new
    connections to Clavey Road and issued all of said permits.
    That
    the NORTH SHORE SANITARY DISTRICT has
    requests
    for additional permits
    authorizing connection
    to its Clavey Road Plant in excess of 1200
    new connections
    at the present
    time.
    4.
    That
    on or about September 15,
    1973,
    the NORTH SHORE
    SANITARY DISTRICT completed sufficient
    facilities
    at its Clavey
    Road
    Plant
    to increase the capacity of said Plant to ten million
    gallons per day and at the same time
    said 1)ISTRICT increased
    the
    pumpage capacity of the Skokie Interceptor Sewer serving said Plant
    from
    22 MGD to
    30 MGD on the date
    of. this Stipulation,
    and to 40
    MGD by March
    1,
    1974.
    5.
    That the NORTH SHORE SANITARY DISTRICT has diverted the
    dry weather flow from its sewage treatment plant at Lake
    Bluff,
    Illinois
    to the Clavey Road Plant and is
    in the process
    of diverting
    the dry weather flow from its Lake Forest and Cary
    Avenue Plants
    in Highland Park to the Clavey Road Sewage Treatment Plant.
    6.
    That when the three lake front plants aforesaid,
    namely
    the plants
    in Lake Bluff, Lake Forest and Cary Avenue in Highland
    Park
    are diverted to
    the Clavey Road Plant, said plant will then
    be treating nine million gallons of effluent per day,
    leaving
    one million gallons daily excess capacity, expressed in terms
    of
    average daily flow,
    and specifically excluding wet weather flows.
    7.
    Than an additional
    2,500 connections could be made to
    the Clavey Road Sewage Treatment Plant without exceeding
    the ten
    million gallons daily capacity.
    10
    607

    -4-
    8.
    That to add a measure
    of safety and to regulate the rate
    at which
    additional connections are made,
    the NORTH SHORE SANITARY
    DISTRICT should be granted authority to issue
    2,000 permits
    (8,000
    P.E.)
    authorizing connection to
    its Clavey Road Plant upon the
    following conditions:
    A.
    Each such permit shall
    be
    subject
    to the approval of
    the Illinois Environmental Protection Agency.
    When
    permit applications
    are received by the NORTH SHORE
    SANITARY DISTRICT,
    the DISTRICT shall send one copy of
    each to the Attorney General.
    B.
    No such permit
    shall authorize
    a connection
    to the system
    of the NORTH SHORE SANITARY DISTRICT until
    July
    1,
    1974.
    Each permit granted under this variance shall include
    a
    condition indicating that connection prior to July
    1,
    1974, will cause the revocation
    of the permit in question,
    and the DISTRICT shall take all steps permitted by law
    to require disconnection by the offender.
    C.
    No such permit
    shall be issued for connection for the
    benefit
    of
    any
    premises
    outside
    the
    actual
    legal
    boundaries
    (specifically
    excluding
    planning
    boundaries)
    as
    of
    the
    date
    of
    filing
    of
    the
    Petition
    For
    Variance
    until
    July
    1,
    1974,
    nor
    then
    if
    valid
    applications
    for
    premises
    with:in
    the
    actual
    legal
    boundaries
    of
    the
    DISTRICT
    are
    pending.
    D,
    Owners
    of
    existing
    dwellings
    served
    by
    septic
    systems
    and
    owners
    of
    single
    parcels
    of
    land
    seeking
    a
    permit
    (4
    P.E.)
    to
    permit
    the
    construction of
    a single family
    home
    as
    the
    residence
    of
    an
    applicant,
    and
    for
    the
    connection of buildings
    of municipal
    or other governmental
    agencies shall have priority in allocation
    of permits
    over all other applicants.
    IT
    IS HEREBY FURTHER STIPULATED AND AGREED
    by
    and between all
    of the parties
    to the above matter, by
    their
    respective
    attorneys,
    as
    follows:
    9.
    That
    on
    or
    about
    February
    1,
    1974,
    the
    NORTH
    SHORE
    SANITARY
    DISTRICT plans to finish and have in operatio:n the Highland Park
    lakefront
    interceptor.
    This
    interceptor
    will
    join
    the Northern
    two
    Highland
    Park
    plants,
    Park
    Avenue
    and
    Ravine
    Avenue
    Sewage
    Treatment Plants
    to
    the
    Cary
    Avenue
    Sewage Treatment Plant and will
    have sufficient capacity to transport both dry weather and wet
    weather flows.
    The Cary Avenue Plant
    is now connected
    to the Clavey
    Road Plant by an interceptor which has sufficient capacity to trans-
    port the expected flows
    from all three Highland Park plants.
    10.
    That on or about July
    1,
    1974,
    the NORTH SHORE SANITARY
    DISTRICT plans to finish and have in operation its overflow treat-
    ment facilities
    at
    its Clavey Road Plant.
    When the overflow treatment
    facilities
    are completed and in operation,
    the Clavey Road Plant
    will be able
    to treat all of the flows
    to the
    three Highland Park
    Sewage Treatment Plants.
    10
    ROS

    11.
    That on or about November 1,
    1974,
    the NORTH SHORE SANITARY
    I)ISTRICT plans to have completed and in operation the first phase
    of its Middle Fork Interceptor.
    The first phase
    of the Middle
    Fork Interceptor will run from the Clavey Road Sewage Treatment
    Plant North
    to Chicago Avenue
    in Highland Park, approximately one-
    fourth of
    a mile South
    of Half-Day Road
    (Illinois Route
    22).
    The
    DISTRICT plans to install
    a cross-connection between the Skokie
    Interceptor and the first phase of the Middle Fork Interceptor,
    thereby relieving the Skokie Interceptor South of Chicago Avenue,
    Highland Park,
    Illinois.
    12.
    In recognition
    of
    the fact that by November
    1,
    1974,
    the
    Clavey Road Sewage Treatment Plant will be operating
    at
    its
    full
    planned capacity
    (with the exception of complete tertiary treatment)
    that the Highland Park lakefront interceptor will be
    completed,
    thus allowing diversion from the three Highland Park lakefront plants
    and that
    the first phase of the Middle Fork
    Interceptor will be
    completed relieving the overburdened Skokie Interceptor,
    the
    parties respectfully submit that the sewer ban imposed by
    the
    Illinois Pollution Control Board on March
    31, 1971 be lifted for
    the
    NORTH SHORE SANITARY DISTRICT’s Clavey Road Sewage Treatment
    Plant on November
    1,
    1974,
    or the date
    of connection of the Middle
    Fork Interceptor sewer
    to the Skokie outlet, whichever
    is
    Later.
    13.
    That
    this Stipulation shall be submitted to the Illinois
    Pollution Control Board along with the record made
    in the above
    case
    to date and represents
    the agreement
    and motion of all parties
    to the above cause
    and that an Order be entered consistent herewith.
    Counsel for the 1)istrict offered into evidence Peititioner
    Exhibit
    1,
    a report entitled, “Calvey Road Sewage Treatment Plant
    Effect of Chemical Treatment” by Greeley and Hansen dated March
    25,
    1973
    (R.
    21).
    The Agency and the League objected and the Hearing
    Officer withheld ruling on admission of the exhibit.
    The Board
    hereby overrules
    any objection to the admission of Petitioner’s
    Exhibit
    I
    into evidence and accepts Petitioner Exhibit
    1
    into
    evidence.
    The Board after
    a careful review of the transcripts
    and exhibits has decided to accept the proposed order presented
    in
    the Stipulation with certain changes
    and modifications.
    The Board has modified Paragraph
    8D of the Stipulation to
    insure
    that septic tank problems and single family dwellings
    are
    given priority by the District in the issuance of permits.
    Govern-
    mental and private
    institutions of
    a substantial public interest
    are
    given priority over other large scale developments.
    The
    ordering of priority as set out in the Board Order to follow is
    not intended to
    allow
    a developer to divide his development up into
    single
    family
    units
    so
    as
    to
    circumvent
    the
    Board’s
    intention.
    Developers are to remain at the end of the priority list.
    However,
    the record supports the fact
    that only 1200 requests have been
    made,
    either formally
    or
    informally,
    to the Pistrict and that

    -6-
    most developers will undoubtedly will be able to obtain permits
    for their immediate construction needs.
    The District could
    possibly pursuade developers
    to
    seek permits for only their
    immediate construction needs
    (1974
    and
    1975)
    to insure the optimum
    use of the 2,000 permits until the ban is lifted.
    The Board has further amended Paragraph
    8
    by
    providing
    an additional Order
    #5 which establishes
    a reserve of
    75 permits
    or 300
    P.13.
    for single family dwellings
    to insure that
    those
    individuals seeking
    a sewer permit for a single family home will
    be
    able
    to obtain
    a permit.
    The record establishes
    a potential
    whereby the District could issue permits
    to developers before
    the
    expiration of the variance which would pre-empt the remaining
    unallocated
    permits
    so
    that
    an
    individual
    could
    not
    obtain
    a
    permit for a single family dwelling
    (R.
    114).
    The District
    issued permits
    to developers
    outside
    of the then present District
    boundaries,
    in November and December, 1972
    some three months before
    the variance expired
    (R.
    114).
    Any individual, even those with
    septic tank problems, seeking
    a sewer permit for
    a single family
    dwelling would have been precluded by this action from obtaining
    a permit and would have had to seek
    a variance from the Board.
    By establishing the reserve for single family dwellings,
    the
    District may go through the priority list found in Order
    #4
    and issue the
    1925 permits for 7,700
    P.13.
    to
    those who have
    present pending permit applications
    (subject to the restrictions
    in Order
    #3).
    Any unallocated permits remaining after those
    applications on file were satisfied,
    would be fulfilled by normal
    District procedures subject
    to the priority list.
    After
    the first
    1925 permits are issued,
    the District would then issue permits
    to
    those individuals who next sought single family dwelling permits.
    The above Opinion constitutes the Board’s findings of facts
    and conclusions
    of law.
    ORDER
    The Illinois Pollution Control Board hereby grants to the
    North Shore Sanitary District, authority to issue 2,000 permits
    (8,000
    P.13.) authorizing connection with the Clavey Road Plant
    upon the following conditions:
    1.
    Each such permit
    shall be subject
    to the approval of the
    Illinois Environmental Protection Agency.
    When permit
    applications are received by the North Shore Sanitary
    District,
    the District shall send one copy of each to the
    Attorney General.
    10—610

    -7-
    2.
    No such permit
    shall
    authorize
    a connection to the system of
    the North Shore Sanitary District until July
    1,
    1974.
    Each permit granted under this variance shall include
    a con-
    dition indicating that connection prior
    to July
    1,
    1974,
    will cause
    the revocation of the permit in question,
    and the
    District shall
    take all steps permitted by law to require
    disconnection by the offender.
    3.
    No
    such
    permit
    shall
    be
    issued
    for
    connection
    for
    the
    benefit
    of
    any
    premises
    outside
    the
    actual
    legal
    boundaries
    (specifically excluding planning boundaries)
    as
    of the date
    of filing of the Petition for Variance until July
    1,
    1974,
    nor then if valid applications for premises within the actual
    legal boundaries
    of the District are pending.
    4.
    The District shall
    issue permits
    subject
    to
    the following
    priority:
    Owners of existing dwellings
    served by
    septic systems;
    owners of single parcels of land seeking
    a permit to construct a single family home
    as
    the residence
    of an applicant;
    governmental and private agencies such
    as
    schools, hospitals, nursing homes,
    day-care centers, churches,
    etc.
    shall have priority in allocation
    of permits over all
    other applicants.
    5.
    The District shall
    establish
    a reserve
    of
    75 permits
    (300
    P.13.)
    to be issued to single-family residences
    after the issuance
    of all 1925 permits
    (7,700 P.E.)
    The District shall present
    to the Board on or before November 1,
    1974,
    a detailed repoit on the current status of the District’s
    compliance
    schedule including the status of the Gurnee Treatment
    Plant.
    The Board retains jurisdiction i~nthis proceeding
    to issue
    further orders as become necessary.
    IT
    IS
    SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    hereby certify the above Opinion and Order were adopted on the
    /~‘~day of January,
    1974 by
    a vote of
    J~—o
    Illinois Pollution
    trol Board
    10
    611

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