ILLINOIS POLLUTION CONTROL BOARD

May 10, 1973

ANTHONY STRAUB

)

)

#73—45

v.

ENVIRONMENTAL

PROTECTION AGENCY

)

OPINION AND ORDER OF THE BOARD (BY MR. DUMELLE):

A petition

for variance was filed February 2, 1973 with the

Board, asking permission to connect a

24-unit apartment building

not yet constructed, to the sewer system in Fox River Grove. No

hearing was held.

Petitioner alleges that 30-34 people would reside in the building

and each would discharge 72 gallons per day. Petitioner further alleges

that the Environmental Protection Agency agreed to a sewer connection

prior to his obtaining a variance from the Village of Fox River Grove

in February, 1972. He states that some “$20,000 in time and money”

has been spent to date, to prepare for the construction of the

building.

The Village of Fox River Grove, in a letter dated January 18,

1973, admits that its sewage plant is “operating over capacity”, but

points out that a commercial firm which was a “major polluter” has

discontinued operation and that the Straub tie-in would be negligible.

The Environmental Protection Agency recommended denial in

its recommendation dated March 28, 1973. No public hearing is man-

dated because the recommendation was filed more than 21 days after

the filing of the variance petition.

The Agency states that no record could be found of the alleged

approval by it of the petitioner’s proposed sewer connection. The

Agency rightfully points out that the new regulations requiring

a sewer connection permit for buildings in excess of 15 P.E. were

passed on March 7, 1972 (effective April 16, 1972) and that a prior

legal opinion as to status would not be binding into the future upon

the Board in enacting new regulations.

We accept the jurisdiction of the March 7, 1972 regulations upon

the property at question. We point out that almost a year elapsed

Detween March 7, 1972 and February 2, 1973, when the variance petition

was filed, which raises questions as to the real urgency of the pro—

ceeding.

7

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753

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The Agency verifies the fact of the cessation of discharges

to the village sewage plant from the Aluminum Coil Anodizing Corpora-

tion and its former deleterious effects. The effluent standard is

30 mg/l BOD5 and 37 mg/i suspended solids after July 1, 1972. The

Fox River, which receives the discharge, has a dilution ratio of 60:1.

The design capacity of the plant is 390,000 gallons per day average

flow, yet it received 627,000 gallons per day average flow for the

12-month period ending November, 1972.

The effluent data presented by the Agency show that the Jan-

uary 10 and January 31, 1973 readings are well within the 30/37

standard. Most of the suspended solids readings prior to this

readingsdate

(7 ofare9)

beloware

intheexcess30

mg/iof

thestandard.37 mg/iThesestandarddatawhileseem

toallbe9

BOD5

not consistent with the hydraulically overloaded status of the plant.

Either a remarkable job of operation is being done or the average

flows are in error, or the effluent readings are incorrect.

We

decide this case in May, 1973 with excellent effluent figures re-

corded in January, 1973, not knowing what has transpired in February,

March or April. If further excellent effluents were being achieved

then we might not hesitate to grant a variance. But the data are

too short in duration to be certain.

We deny the variance without prejudice. Mr. Straub will be

able to file again immediately if up-to-date sewage plant effluent

data are provided that give us a clearer picture of the actual per-

formance of this supposedly overloaded sewage plant.

An amendment to the petition filed April 16, 1973 provides an

undated but apparently recent letter from the Village of Fox River

Grove. This letter details the village program to reduce excess

infiltration but gives no dates when this program will be completed.

A May 2, 1973 supplemental recommendation from the Agency reaffirms

the original denial recommendation.

If the effluents from the sewage plant are consistently within

standards, then the Agency might wish to reconsider its sewer connec-

tion ban originally imposed September 12, 1967. If, however, the

present sewer ban is being continued because of raw sewage bypassing

during rains, then the Agency should be prepared to so state and

document in a new proceeding, should one be filed.

The variance is denied without prejudice.

This opinion constitutes the findings of fact and conclusions

of law of the Board.

—2—

7

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754

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IT IS SO

ORDERED.

-r,

~nristdn Moffett, Clerk of the Pollution Control Boa~d)~certify

that the above Opinion and Order was adopted on the

/17

day of May,

1973, by a vote of

____

to

~

7

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755

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