ILLINOIS POLLUTION CONTROL BOARD

September 11,

1986

ARLINGTON PARK RACETRACK,

)

)

Petitioner,

V.

)

PCB 86—141

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by J.D. Dumelle):

This provisional variance extension request comes before the

Board upon a September

11,

1986 Recommendation of the Illinois

Environmental Protection Agency (Agency).

On July 31, 1986,

the

Board granted

the Petitioner

a 45—day provisional variance

in PCB

86—117 from 35

Ill.

Adm.

Code 302.203, 302.206,

302.209 and

502.106(d)

for the time period from August

1,

1986 through

September 14, 1986

to allow surface drainage from the stable area

of the Arlington Park Racetrack and

to

relieve

it from the

requirement of its NPDES Permit implementation schedule.

(See:

Opinion and Order

of July 31,

1986

in PCB 86—117, Arlington Park

Racetrack

v.

IEPA).

The Agency recommends

a 45—day extension of

the prior variance

in PCB 86—117

be granted

to the Petitioner

for

the time period commencing on September 15,

1986 and continuing

through October

29,

1986.

The Arlington Park Racetrack, which was virtually destroyed

by

fire on July 31, 1985,

is a well—known horse racing facility

located

in Arlington Heights,

Illinois.

Sanitary wastes are

discharged to the Metropolitan Sanitary District of Greater

Chicago

for appropriate treatment and solid animal waste

generated

in the stable area

is removed

from the premises by a

private contractor.

The Petitioner has been forced

to curtail

its normal racing schedule as a result of the severe

1985 fire at

its facility,

and the owners have not yet ascertained “whether

it

would be best

to remain and rebuild at the present site or

to

relocate to another site”.

(Rec.

2).

On January 20, 1984,

the Agency issued NPDES Permit

1IL0063487

to the Petitioner, which authorized

the discharge of

uncontaminated runoff

to Salt Creek,

a tributary of which passes

through the Petitioner’s site.

The Petitioner, which plans

to

continue

to stable horses during the time period from September

15,

1986 through October

29, 1986,

has developed a detailed

compliance plan to minimize the environmental

impact upon the

receiving stream.

(Rec.

2).

72-333

---

2

After carefully evaluating

the Petitioner’s compliance

program,

the Agency has determined that any adverse environmental

impact on the receiving stream will

be minimal

in light of the

actions and precautions delineated by the Petitioner.

(Rec.

2).

Additionally,

the Agency has indicated that there are no

Federal regulations

which would preclude the granting of the

variance and there are no public water supplies which would

be

adversely affected by the granting of the requested relief.

(Rec.

2).

The Agency has therefore concluded that compliance on

a

short—term basis with the applicable standards would impose an

arbitrary or unreasonable hardship upon the Arlington Park

Racetrack.

Accordingly,

the Agency has recommended that the

Board grant

the Petitioner

a 45—day extension of the previously

granted provisional variance from 35

Ill.

Adm.

Code 302.203,

302.206, 302.209 and 502.106(d), subject

to certain conditions.

Pursuant

to Section 36(c) of the Illinois Environmental

Protection Act, the Board will grant the provisional variance

extension as recommended.

This Opinion constitutes the Board’s findings of fact and

conclusions of law

in this matter.

ORDER

The Petitioner, the Arlington Park Racetrack,

is hereby

granted a 45—day extension of its provisional variance

from 35

Ill.

Adm. Code

302.203, 302.206,

302.209

and 502.106(d)

to allow

surface drainage

from its stable area, subject

to the following

conditions:

1.

The provisional variance extension shall

commence on September 15,

1986 and

continue for

45 days through October

29,

1986.

2.

The Petitioner

shall continue

to implement

and adhere

to the actions outlined in Item

8 of its July 24,

1986 variance petition

(PCB 86—117)

so as

to minimize the impact

of any discharge to Salt Creek.

3.

Within 10 days of the date of the Board’s

‘

Order,

the Petitioner shall

execute

a

Certification of Acceptance and Agreement

which shall

be sent

to Mr. James Frost of

the Agency at the following address:

72.334

---

3

Mr. James Frost

Illinois

Environmental Protection Agency

Division of Water Pollution Control

2200 Churchill Road

Springfield, Illinois

62706

This certification shall have the

following form:

I,

(We),

,

having read

the Order

of

the

Illinois Pollution Control Board

in PCB 86—141

dated September 11,

1986,

understand and accept the said Order,

realizing that such acceptance renders all terms and conditions

thereto binding and enforceable.

Petitioner

By:

Authorized Agent

Title

Date

IT IS SO ORDERED.

I, Dorothy

K.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above ~9pinionand Order was

adopted on the

____________

day of

____________________,

1986

by a

vote of

_____________.

V

//~‘

/

p77.

~

Dorothy

M.

GurIn, Clerk’

Illinois Pollution Control Board