ILLINOIS POLLUTION CONTROL BOARD
    March 25, 1976
    NORTH SHORE SANITARY DISTRICT,
    )
    Petitioner,
    )
    V.
    )
    PCB 76-26
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    On January
    26, 1976 the North Shore Sanitary District
    (NSSD)
    filed before this Board its Petition for Extension of Variance
    from Rule 404(f)(ii)
    of the Board’s Water Pollution Control
    Regulations.
    The Environmental Protection Agency
    (Agency)
    filed its Recommendation on March
    1,
    1976.
    The North Shore Sanitary District is seeking an extension
    of the variance granted by this Board in PCB 74-413
    (16 PCB 21,
    March
    6,
    1976).
    The Board finds that those same factors which
    led to the original variance in PCB 74—413 warrant an extension
    of that variance.
    The only concern of this Board
    is to make
    sure that any delay
    in the completion of the Gurnee Plant
    was not self imposed.
    At the time of the prior variance, NSSD
    expected the availability of secondary treatment by October
    1,
    1975.
    However, NSSD now states, according to the Agency,
    that
    such treatment would not be available until February 29,
    1976.
    The Agency has determined that equipment delivery delays were the
    major factor in this schedule change.
    In PCB 74-413,
    16 PCB 21,
    22, the Board concluded:
    “We therefore grant the variance for the period
    October
    1,
    1975 until a year from today, March
    6,
    1976,
    at which time, upon a showing that the Gurnee
    plant is
    in compliance with the terms of this Order,
    Petitioner may be granted an extension.
    20 —419
    —2—
    The North Shore Sanitary Distirct assures the Board
    that it is or will be in compliance with the terms of the
    prior Board Order.
    Further, the delay in this matter will
    not result in the discharge of any pollutant into the Des
    Plaines River in excess of what was originally contemplated
    in
    PCB 74—413.
    In the original variance matter NSSD wished to
    discharge into the Des Plaines from October
    1,
    1975 to December
    1,
    1976.
    NSSD’s present variance states that such discharge
    need only occur from February
    29,
    1976 to December 31,
    1976;
    a
    considerably shorter period.
    The only effect of the new
    schedule will be to delay the diversion of effluent from
    Lake Michigan to the Des Plaines River.
    As this delay has
    been shown to have arisen from sources beyond the control
    of NSSD, this Board finds no reason to deny a variance
    which would allow the elimination of a significant source
    of contamination of Lake Michigan.
    In granting this variance
    the Board will retain the conditions expressed in the prior
    variance,
    PCB 74-413.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    Petitioner, North Shore Sanitary District,
    is granted
    a
    Variance from Rule 404(f) (ii)
    of the Water Pollution Regulations
    for its Gurnee plant from March
    6,
    1976 until December 31,
    1976
    subject to the following conditions:
    1.
    Effluent from this plant shall not exceed 20 and
    25 mg/l
    of BOD5 and suspended solids respectively.
    2.
    Petitioner shall file monthly reports with the Environ-
    mental Protection Agency during the course of this Variance,
    indicating the concentrations of BOD5 and suspended solids
    in its effluent.
    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 March,
    1976 by a vote of
    ~/-~
    Christan L. Moffett
    erk
    Illinois Pollution
    rd
    Board

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