ILLINOIS POLLUTION CONTROL BOARD

January 31, 1972

NORTH SHORE SANITARY DISTRICT

v.

)

PCB 71—343

ENVIRONMENTAL PROTECTION AGENCY

Dissenting Opinion (by Mr. Dumelle)

The grant of this variance by the 4-1 majority is in my

opinion a snare and a delusion.

I think it is a delusion to think that the North Shore Sanitary

District can possibly purchase the land (with condemnation probably

being required), get chlorination equipment delivered and installed

and operating adjustments made at the Gillette Avenue and Water

Street overflows all in time for the 1972 swimming season. One

has only to look at other facets of the District’s construction

program which in the words of the majority opinion states, “The

implementation order of the Board in this case was entered scarcely

seven months ago and already the District is as much as six or

eight months behind on some of the major projects” (p. 9) to realize

that the District’s track record of being on time is not good. And

depending upon the speed of the eminent domain process it is entirely

possible that the 1973

swimming season will

be missed as well. If

that is the case then $350,000 will have been spent at Water

Street and Gillette Avenue to open the beaches in 1974 when they

most probably will be opened anyway at that time without this expen-

diture. Funds are not so plentiful that they should be wasted.

Beyond the dates and costs of this dubious grant I feel the

majority has created a snare for the public.

True the lake bacterial levels may be reduced to present

standards by this required chlorination of sewage overflows. But

the virus levels may not significantly decrease. Thus the Board

may

unwittingly be the agency encouraging the public to swim in

disease creating viruses. One virus is enough to cause an infection.

See Dr. cerald Berg, Advanced Waste Treatment and Water Reuse

Symposium, Chicago, February 23, l971,(R. 140). And by the same

author, “But viruses are capable of producing infection in man when

ingested in the smallest numbers capable of producing infection

—

561

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in susceptible cell cultures, usually our most sensitive indicators.

Thus, the removal of all viruses from any waters that man might

consume is justified.” (See “Removal of Viruses from Water

and Wastewater” in Thirteenth Water Quality Conference on “Virus

and Water Quality: Occurrence and Control”, February 15-16, 1971,

University of Illinois, Urbana).

The viruses present in raw sewage (such as exudes from the

Water Street and Gillette Avenue overflows)are well documented.

They include the viruses which cause:

meningitis

heart inflammation

hepatitis

diarrhea

encephalitis

atypical pneumonia

polio

cancer (possibility)

(See Supplemental Statement, School Building Commission v. EPA, PCB 71-

247, October 26, 1971)

It is prudent public policy to keep children and adults from

exposure to these ills. I don’t feel that one season of swimming

for thousands is worth one case of meningitis to a child with his

or her whole life ahead of him.

Had the Board ordered ozonation at Water and Gillette Streets

then I could not have this objection. Ozone is far superior to

chlorine in its virus killing powers and is widely used in Europe

and Canada. But the Board did not order ozonation and acted in

advance of receiving ozone costs from the District. The American

Society of Civil Engineers in February 1970 published an “Engineering

Evaluation of Virus Hazard in Water” which is contained as an appen-

dix to the Institute for Environmental Quality’s “Task Force Report

on Viruses” issued December 15, 1970 bears out what has been said

above, stating, “Absence of coliform, however, may not mean that

virus is absent. The coliforra index, therefore, while a good

laboratory tool is not a reliable index for viruses” (p. 123).

Thus I would have not required the $350,000 expenditure at Water

Street and Gillette Avenue.

I would have granted the variance for a much greater number

of dwelling units, perhaps 8,000 in all, in order to permit advance

planning and financing and materials purchase, etc. The Clavey

Road Plant effluents are now of such good quality that I would have

not required the polymer and chemical feed equipment there which

will be seldom, if ever used, and thus some $75,000 could have been

saved in capital costs.

In summary, I would have given a much more generous allowance

of dwelling units at a far reduced cost. The majority has opted

for a little building and virus-laden beaches at an excessive cost.

I would have opted for much more building, safety from viruses

~—

all

at a reasonable cost.

~i:~~

Board Member

3 — 562

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I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Dissenting Opinion was filed on the

/~‘‘l~

day of February, 1972.

~

Christan L. Moffett, ~lp~

Illinois Pollution Con1~olBoard

3

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563

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