ILLINOIS POLLUTION CONTROL BOARD
    July
    9,
    1981
    CENTURY
    21 AG REALTORS AND ST. CLAIR TOWNSHIP,
    )
    Petitioner,
    v.
    )
    PCB
    81—B
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by 3.
    Anderson):
    This matter comes before the Board on the petition for
    variance of Century
    21 AG Realtors
    (Century 21)
    and St. Clair
    Township
    (St. Clair) filed January
    29, 1981 and amended March 18,
    and April
    13,
    1981.
    (St. Clair was joined as a party pursuant to
    the Board’s Order of February
    5,
    1981,)
    Variance is sought from
    Rule 962(a)
    of Chapter
    3:
    Water Pollution to allow issuance of
    sewer construction and operation permits for
    a proposed multi-
    phased condominium development to be located in St. Clair County.
    In its Recommendation of June
    1,
    1981, the Illinois Environmental
    Protection Agency
    (Agency)
    states that the hardship shown if
    variance is denied ~will be minimal,
    if any”, but nonetheles8
    recommends that variance be granted.
    Hearing was waived, and none
    has been held,
    Century 21
    is
    participating in a proposed plan to develop the
    130 unit “San Carios Condominium Development” construction of the
    first phase,
    the
    25
    units for which this variance is sought,
    was
    originally projected to begin tlarch
    15,
    1981 with the final units
    of this first phase to be completed by September 15,
    1982.
    Each
    unit would add 300 ~allons per day
    (3
    P.E.) of ordinary domestic
    sewage to St. Clair
    s sewer system, which is tributary to the
    St.
    Clair Township Lincolnshire Treatment Facility
    (Lincoinshire).
    Lincoinshire
    was
    placed on critical review May 26,
    1978,
    as
    its loadings were then 96
    of its design capacity of 1.0 million
    gallons per
    day.
    On June
    15,
    1979,
    the plant was placed on
    restricted status
    based
    on the determination that the load tribu-
    tary to the plant
    was
    112
    of its design capacity.
    In addition,
    St. Clair believes
    its
    sewer system is subject to
    heavy
    infiltration
    and inflow during wet weather periods; during such periods,
    the
    plant discharges effluent into Loop Creek and often fails to meet
    the 10/12 mg/i standard for BOD5 and suspended solids contained
    in its NPDES permit.
    St. Clair has,
    however, been engaged in the
    process of upgrading and expanding the Lincolnshire plant,
    and has
    been awarded a Step
    2—3
    federal construction grant.
    Construction
    is anticipated to begin in the summer or fall of 1q81 with final
    completion expected one year
    later.
    4
    3—17

    2
    Century
    21 states that there are two alternatives to a direct
    hook—on to Lincoinshire.
    The first, construction of treatment
    units on each lot, is said to be feasible.
    Century 21 believes
    that, while connection to the upgraded Lincoinshire would even-
    tually occur, due to funding limitations
    it could not be expected
    to occur
    in less than 10 years,
    and would in 1991 cost St. Clair
    taxpayers and San Carlos residents $120,000.
    The second option
    is installation of a septic tank and buried sand filter system to
    serve all
    25 units, at an initial cost in excess of $35,000 and
    yearly operational costs of $1,200.
    Construction and operation
    of this system would require formation of
    a utility company
    pursuant to ICC rules, with its attendant difficulties.
    Century
    21 alleges that delay in initiation and completion
    of this project for 1½ years would increase its costs approximately
    $90,000 in interest expense, based on an anticipated financing of
    $600,000 for proposed realty acquisition,
    and $23,000
    in increased
    construction costs based on
    a 10
    inflation rate.
    It states that
    this would increase the cost for each lot by $4,640,
    rendering the
    lots unmarketable.
    Should this occur, it would lose the benefit
    of $7,500 already expended
    in development
    fees.
    In making its
    hardship presentation, Century
    21 has not alleged that it had begun
    any work on this project prior
    to imposition of restricted status
    in June,
    1979, and does not state when it made the expenditures of
    $7, 500.
    While the Agency believes that Century
    21 has shown only
    minimal hardship,
    it recommends grant of variance based on the
    failure of other permittees to utilize connection permits,
    P.E.
    loadings for which were included in the Agency’s computations
    regarding loading to the Lincolnshire plant.
    In further support
    of this Recommendation, the Agency notes that it has received no
    reports of sewer overflows on the sewer trunk to which petitioners’
    flow would be tributary.
    This record does not support grant of variance as re~uestct1.
    As the Board has recently stated,
    the hardship alleged here
    is
    that which restricted status was designed to impose——”a moratorium
    on new construction, planned hut not started,
    which would create
    additional
    loading to an overloaded sewer system and/or sewage
    treatment plant
    ~‘
    Crook Development Co
    et al
    v
    IEPA,
    PCI3 80—230
    (June 10,
    1981),
    The showing of arbitrary or unreasonable hardship
    is indeed minimal.
    The Board must have proof,
    not mere speculation,
    as to whether
    connection permits already issued by the Agency will continue to
    remain unused, or evidence of sufficient hardship,
    in order
    to
    establish a proper basis
    for considering grant of variance for
    issuance of a permit for operation of new sewers.
    Variance from
    Rule 962(a)
    is therefore denied.
    The Board notes that Century
    21 is free to file another petition with new facts.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of
    law in this matter.
    43—18

    3
    ORDER
    Petitioners are denied variance from Rule 962(a) of
    Chapter
    3:
    Water Pollution to allow issuance of sewer permits
    for
    25 condominium units to be known as San Carlos Condominium
    Development to be located in St. Clair Township.
    IT
    IS SO ORDERED.
    Mr. Anderson abstained.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    was adopted on the
    ~
    day of
    -,
    1981 by a
    vote of
    T/~)
    .
    /
    I
    Christan
    L.
    Moff~tt,Clerk
    Illinois Pollutibi~rControl
    I3oar:1

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