ILLINOIS POLLUTION CONTROL BOARD

January 30, 1973

MONTEBELLO MANOR CORP.

v.

)

PCB 72—429

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

This is a petition for variance to allow connection to a

sanitary sewer in the

City

of Hamilton. Hearing was held on

December 27, 1972. Petitioner, a closely held corporation

consisting of three individual shareholders, has undertaken

the building of a nursing care facility for the residents of

Hamilton, Hancock and surrounding counties. There is no other

such facility in Hamilton. The facility will contain eighty-

two beds and would discharge approximately 8,200 gallons of

waste water per day containing 15 pounds BOD. Around sixty of

these beds will be taken by current Hamilton residents, thus

providing for a net increase of only twenty persons to the

sewage system.

The total cost of the facility is $585,000. Petitioner’s

president has advanced $50,000 of his personal assets and his

two associates have advanced $30,000 and $20,000 each toward the

project. In addition, a loan in the amount of $454,000 has been

approved by a Springfield bank. As of October 1, 1972, $170,000

of that loan was advanced at 8-1/4 interest with an additional

$50,000 being advanced as of November 1, 1972. They have also

borrowed another $20,000 at 7-1/2 interest from a bank in

Hamilton. Should the variance be denied they would suffer a

loss of $300,000 to $400,000.

Petitioner applied to the Agency on August 10, 1972 for a

permit to connect up to the sanitary sewer. The Agency denied the

permit on September 1, 1972. The reason for the denial was

because the Hamilton Sewage Treatment Plant does not have ade-

quate capacity to accept any additional waste load. The plant

was designed to serve 1,640 persons at a design flow of 164,000

gallons per day. The plant presently serves around 2,488 persons

with an average flow of 270,000 gallons per day. The plant

provides primary settling treatment only with bar screens, sludge

digestion and sludge drying beds. Plans and specifications for

upgrading the plant were approved by the Agency on August 31, 1972.

The City is attempting to obtain federal clearance essential for

both federal and state grant funds but has a low priority rating

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could be arranged, the earliest

completion date for the plant would be around July, 1974.

The Hamilton plant discharges to the open Hamilton Slough

which drains into the Mississippi River. The plant is currently

discharging an effluent which on October 30, 1972, measured

600 mg/i BOD, 110 mg/i suspended solids and 7,900,000/100 mg/i

fecal coiiforrn. Other BOD values have been recorded at 420 and

180 mg/i.

The petitioner entered into construction contracts around

February, 1972 with actual construction beginning around April.

The Water Regulations requiring permits were adopted by the

Board in March, 1972. It appears, then, that the obligations

were entered into with the full expectancy that the sewer con-

nection would be forthcoming~

The Agency indicates that while the granting of this petition

would permit some increase in the pollution load to Hamilton

Slough and then to the Mississippi River, it would not be expected

to noticeably change the present outfall conditions in the

Slough. The Agency also indicates that the increase would not

likely alter the biota and fish life measurably and also that

due to the Mississippi River dilution ratio, the increase would

not be expected to make a measurable difference in the quality

of river water entering the intake of the Warsaw Public Water

Supply which is six miles downstream from the Hamilton discharge.

Based upon the facts and the Agency’s recommendation we will

grant the variance. The need for this nursing care facility

outweighs the harm which will

occur as a

result of the additional

discharge volume. We should note, however, that we are far more

persuaded in this case by the fact that a nursing facility (the

only one in Hamilton), is involved than by its financial aspects.

If the proposed facility were not intended for the general benefit

of the community our decision may well have been different.

This opinion constitutes the Board1s findings of fact and

conclusions of law.

ORDER

The Petition for Variance is granted. Petitioner shall be

allowed to connect up to the Hamilton sewer system in conformity

with all applicable laws and regulations except as excused by

this variance.

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

certify tiat the Board adopted the above Opinion and Order this

~

day of

______________,

1973, by a vote of

3

to ~

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