ILLINOIS POLLUTION CONTROL BOARD

August 23, 1973

PARKVIEW ELEMENTARY SCHOOL,

Petitioner,

v.

)

PCB 73—194

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

COMMUNITY UNIT SCHOOL DISTRICT NO. 300,

Petitioner,

v.

)

PCB 73—234

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

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

This is a Petition for Variance by the Community Unit School

District No. 300 (Petitioner). The Petitioner desires to construct

on its site a special education building incorporating a child care

center and trainable mentally handicapped facility, and the Peti-

tioner desires to connect said building to the sewers tributary to

the village treatment plant, owned and operated by the Village of

Carpentersville in the County of Kane.

Two

Petitions were filed, namely Parkview Elementary School

v. Environmental Protection Agency, PCB 73—194, and later Community

Unit School District No. 300 v. Environmental Protection Agency,

PCB 73-234. By Order of the Board on July 12, 1973, these two

matters were consolidated on Motion of the Attortiey Getieral, based

upon the fact that the evidence with respect to Board variance pro-

ceedings would be identical. On the 14th day of July, 1973, this

Board ordered that the hearing originally scheduled be cancelled

and that the Board take the matter under advisement for decision

and order based upon the Petition and Recommendation filed by the

Agency.

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Petitioner, in effect, asserts that the situation it presents

is similar to that presented in several other cases where variances

have been granted. The Board has granted variances

“for institu-

tional uses where the proposed use of sewer facilities would be in

substitution of sewer facilities in the homes of members, on the

basis that the proposed use would not generate additional sewage

to the facilities of the North Shore Sanitary District.” See e.g.

Tennis Development, Inc. v. Environmental Protection Agency, PCB

72-59 (May 17, 1972); Waukegan Park District v. Environmental Pro-

tection Agency, PCB 71—314 and 71—342 (December 21, 1971); New Hope

Missionary Baptist Church v. Environmental Protection Agency, PCB

72—417 (November 28, 1972); Foss Park District v. Environmental

Protection Agency, PCB 72-442 (January 23, 1973). Although these

cases all arose in connection with the North Shore Sanitary District

sewer ban, the rationale applied in the above cases should apply to

other sewer ban cases as well. Therefore, this institutional—

substitution rationale should justify the grant of a variance to

serve the 80 students in the instant case.

In the present case, the Agency believes that the wastewater

generated by five additional school personnel would not appreciably

aggravate present overloading at the Village’s treatment facility.

Furthermore, the Agency believes that a substantial benefit will be

derived both by the community and the students involved if the sub-

ject special education building is constructed and can be served by

the Village’s plant. We agree.

This Opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board that the

Petition for Variance is granted from the Environmental Protection

Agency’s sewer connection ban.

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

certif~i~hat the above Opinion and Order was adopted by the Board on

the ~ day of Auqust

1973,

ok~~L~

by a vote of ~ to ~

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