ILLINOIS POLLUTION CONTROL BOARD

July

31,

1981

SADDLE HILL ESTATES, an Illinois Partnership, and

)

THE FOGELSON COMPANIES,

INC.,

an Illinois Corpo-

)

ration,

Petitioners,

v.

)

PCB 81—66

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, and

)

COUNTY

OF

LAKE,

)

Respondents.

OPINION

AND

ORDER

OF

THE

BOARD

(by

J.

D.

Dumelle):

On

April

24,

1981 Saddle Hill Estates

(Saddle Hill)

and The

Fogelson

Companies,

Inc.

(Fogelson)

filed

a

petition

for

variance

front Rule

962(a)

of

Chapter

3:

Water

Pollution,

to

allow

ten

ad-

ditional single-family homes in the Saddle Hill Farms Subdivision

to discharge to the Terre Fair Sewage Treatment Plant

(STP)

on

a

temporary basis.

Hearing was waived.

In response to the Board~s

May 1, 1981 Order, on May 13,

1981 the County of Lake was joined

as a respondent.

On May 28,

1981 an objection to the variance was

filed and in response a hearing was scheduled for July 21,

1981.

However, only the parties and the objector appeared, and pursuant

to an agreement between all present, the objector withdrew his

objection and no hearing was actually held.

Although the Board

is reluctant to allow the cancellation of hearings for which notice

has gone to the public through the Environmental Register,

in this

case since the objector agreed and no one else appeared,

there

appears to have been no prejudice to anyone.

Therefore,

the Board

can properly reach a decision on the pleadings and the Illinois

Environmental Protection Agency’s

(Agency’s)

amended recommendation

which was filed on July 22,

1981,

recommending that variance be

granted subject to certain conditions.

Saddle Hill Farms

is a subdivision located in the Village of

Green Oaks, Lake County,

Illinois.

An Intergovernmental Agreement

provides for the treatment of sewage from Green Oaks by Lake County

at the Libertyville Sewage Treatment Plant.

Saddle Hill Estates

has exercised its option to purchase the ninety—six lots

in the

subdivision and has presently paid for sixty.

It has constructed

or is constructing homes on forty—one lots and has delivered or

will deliver thirty-nine of them to buyers.

It has contracts for

four additional homes, but cannot start construction since Green

Oaks will not issue building permits.

The reason is that only

forty units are approved for treatment at the STP.

43—13 1

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—2—

Fogelson previously developed

a ninety-unit subdivision

across the road from Saddle Hill Estates in an unincorporated

portion of Lake County.

It constructed the STP at its own cost

to treat sewage from its development.

It was understood that

upon completion of the Libertyville interceptor sewer,

the STP

would be dismantled and the sewage would flow directly into that

interceptor.

The County agreed to operate the STP until the

interceptor became available.

However,

there have been continual

delays in its construction, and the County

is unable to predict

a completion date.

However,

it does not object to Saddle Hill

expanding the STP at its own expense to handle the flow from ten

additional homes.

On March 25,

1981 the Agency denied Saddle Hill’s application

to increase the number of units discharging to the STP from forty

to fifty.

The reason was that the Agency determined that the in-

crease would result in a hydraulic loading of 110.

However, Fogel-

son has initiated all necessary action to increase the capacity

of the STP to serve all ninety-six Saddle Hill homes, and the County

has agreed to continue operation.

The planned expansion is esti-

mated to be completed in 165 days.

A minimum of 120 days is needed

to build and connect homes to the system.

Although Saddle Hill

hopes to complete all

96 homes, this variance only requests that

ten be allowed connection.

Apparently,

further connections will

not be requested until after expansion of the STP or completion of

the interceptor.

During 1980 Discharge Monitoring Reports disclose only two

violations of NPDES permit conditions at the STP for BODç and SS.

The Agency alleges that the planned expansion should enable the

STP to continue to meet NPDES requirements.

However,

the Agency

further alleges that surcharging has occurred from an eight—inch

line serving Fogelson’s subdivision.

Although this

is not the same

line which serves Saddle Hill,

both are tributary to the same lift

station.

Therefore, any variance granted must

be

conditioned on

resolving the problems which result in such surcharging.

Saddle Hill and Fogelson have advised the Agency that they

are proceeding with steps to eliminate the surcharging. They have

also expressed a willingness to take other actions recommended by

the Agency to assure that the surcharging will not be repeated.

During a recent two and a half inch rainfall the Agency observed

no surcharging.

The Board finds that any adverse environmental impact should

be minimal.

The time period of overloading at the STP should be

of short duration since the earliest projected date for new con-

nections is only forty-five days prior to the estimated date for

completion of expansion of the STP.

Further, the efforts to solve

the surcharging problem,

the abandonment of the STP upon completion

43—132

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—3—

of

the

interceptor,

and

the

interim

expansion

of

the

STP

should

all

serve

to

minimize

any adverse impact.

Given

the

lack

of

serious

harm,

the

Board

further

finds

that

denial

of

the

variance

would

impose

an

arbitrary

and

unreasonable

hardship.

Saddle Hill has apparently committed itself

to delivery

of

some

of

the

homes

and

has

completed

plans

for

the

remainder.

It

is

carrying

interest

charges

of

over

$254,000/year

and

other

costs

of

approximately

$200,00/year.

Further,

at

least

thirty

construction jobs would be lost in Lake County, and marketing

and promotion momentum generated over the last two years will be

dissipated.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1.

It is hereby ordered that Saddle Hill Estates and the

Fogelson Companies,

Inc.

(Petitioner)

be granted a variance from

Rule 962(a)

of Chapter

3:

Water Pollution, subject to the fol-

lowing conditions:

a.

This variance shall only apply to allow extension of

tributary sewer lines to serve 10 additional single family

dwellings.

b

Occupancy and use of the additional dwellings, or any

of them,

shall be prohibited prior to Petitioner’s installation

of backup blower equipment at the Terre Fair STP as set forth

in the Agency’s recommendation in PCB 81-69.

c.

Whenever

the interceptor sewer becomes available,

Petitioners shall connect to

it and abandon the Terre Fair STP

as soon as practicable;

d.

Petitioners shall obtain all necessary permits for the

sewer

system

extension

sought

by

them.

e.

Petitioners’ expanded STP shall be on line and opera-

tional as soon as practicable, but in no event later than 90

days after the Agency approves Petitioners’ permit application

for the expansion of the Terre Fair Treatment Plant;

Peti-

tioners shall submit a complete permit application

(including

plans

and

specifications)

within

forty—five

(45)

days

of

the

grant of this variance.

f.

Petitioners

shall assure that all lines tributary to

the Terre Fair STP shall at all times be properly installed

so as to prevent surcharging.

This shall include, but need

not be limited to, the following:

1.

Proper

installation

and grading of manholes

43—133

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—4—

to prevent storm water inflows to the sanitary sewer

lines.

ii.

Installation of proper equipment at tributary

lift stations;

iii.

Location and removal of blockages within

sewer lines as necessary.

g.

Respondent Lake County Department of Public Works

will assure proper operation and maintenance of the plant

in accordance with Paragraph

1. of an agreement entered

into between the County and Petitioners on August 12, 1975

and attached as “Exhibit

D” to the Petition.

2.

The Agency is hereby authorized to issue

a Permit to

Construct and Operate a sewer system extension consistent with the

Board’s Order herein and including the requirement that Petitioners’

sewer lines,

as extended,

shall be constructed and maintained so as

to prevent backups and surcharging.

3.

Within 45 days after the date of this Order the

Petitioners

shall

execute

and

forward

to

the

Illinois

Environ-

mental Protection Agency,

Water Pollution Control Division,

2200 Churchill Road, Springfield, Illinois 62706 and to the

Pollution Control Board

a Certification of Acceptance and Agreement

to be bound to all terms and conditions of the variance.

This

45 day period shall be held in abeyance for any period during which

this matter is appealed.

The form of said Certification shall be

as follows:

CERTIFICATION

Saddle Hill Estates and the Fogelson Companies,

Inc., Petitioners

herein, having read and fully understanding the Order of the Illinois

Pollution Control Board in PCB 81-66 hereby accept said Order and

agree to be bound by all terms and conditions thereof.

SADDLE HILL ESTATES

THE FOGELSON COMPANIES,

INC.

_______________________________

By_______

Name(s)

Title

Date

By

Name(s)

Title or Capacity in which

Signing

Date

43—134

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IT

IS SO ORDERED

I,

Christan. L~Moffett, Clerk of

t.he. Ii

linois Po1lut~on

Control BoRrd,

hereby certify that the above

Order was adopted

onthe3/’~’da~

1981 byavoteof

Illinois

~oard

43

135