ILLINOIS POLLUTION CONTROL BOARD

November 29, 1973

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CARLINVILLE COMMUNITY

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UNIT SCHOOL DISTRICT #1

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v.

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PCB 73-392

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ENVIRONMENTAL PROTECTION AGENCY

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MR. EDWARD R. PHELPS, appeared for the School District

MR. FREDERICK C. HOPPER, Assistant Attorney General, appeared

for the Environmental Protection Agency

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

Petition for variance from a sewer ban imposed by the

Environmental Protection Agency (“Agency”) on June 1, 1973 was

filed with the Board on September 17, 1973. No public hearing

was held. The school district is in Macoupin County.

The verified petition states that a $1,585,000 bond issue

was adopted by school district voters with a 1356 to 679 vote on

March 10, 1973 to alter and enlarge the Junior-Senior High School,

the North Elementary School and the South Elementary School; all

in Carlinville. After the referendum and issuance of letters of

intent to contract for construction of the additions, the Agency

on June 1, 1973 in a letter to Carlinville Mayor Pete Balotti

placed a sewer ban on the City.

A 4-inch and a fr-inch sewer connection are needed for the

North and South schools respectively. The Junior-Senior High

is not the subject of the petition.

The first day enrollment figures for the two elementary schools

show 558 pupils in the current year as compared to 628 a year

previous, for a decrease of 70.

The Agency recommendation was filed October 24, 1973. It

points out that the City of Carlinville sewage treatment plant is

designed for 5500 P.E. and 550,000 gpd. Present water usage is

630,000 gpd. but the period is not given. Monthly reports from the

City for the year ended February 1, 1973 show an average of 964,000 gpd

during that period. No effluent data are given.

10—173

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The Agency recommends relief from Rule 912(b) of the Water

Pollution Regulations since the City cannot certify that its sewage

plant can adequately treat the wastewater to be added by the school

building additions, The Agency also states that the school dis-

trict’s petition for variance is premature in that.it has not

applied for construction permits and should thus be dismissed.

We

grant the variance as to Rules 921(a) and 912(b) to the

Carlinville Community Unit School District #1.

The

record in

the case is not as good

as we

would like in the following areas:

the Agency gives annual flow data for the year ending February 1,

1973 in a recommendation prepared October 19, 1973

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surely more

recent annual flow data could have been supplied to the Board;

no effluent data from the plant are given and we do not know if

the present flow does in fact put the effluent above required

standards; and finally no mention is made of the condition of the

receiving stream

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we do not know if itis

dead, dying or

possessed of vast assimilative capacity.

The Agency’s argument that the school district’s

petition

is premature seems ill-founded.

If we accept it and the district

then applies for permits and is then denied, nothing is gained

and valuable time is lost.

IVe feel that applicants ought not be

“run around the bush~’ but ought to be granted their variance (if

a grant is deserved) the first time up. All of us have too much

to do to re-examine the same petitions a second time.

ORDER

1.

Variance is granted from Rules 912(b) and 921(a) to the

Carlinvilie

Community Unit School District #1 to permit

it to connect its North and South Elementary schools to the

sanitary sewer system and to permit it to construct sewer

extensions to serve these buildings, if necessary.

2.

The School District shall make proper application for all

permits reqtired by the Agency.

IT S SO ORDERED.

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

Board, hereby certify the above Opinion and Order were adopted on

the

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day of November, 1973 by a vote of

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Christan L. Moffe~t*, Clerk

Illinois Pollution Control Board