ILLINOIS POLLUTION CONTROL BOARD
    JUNE 13, 1974
    J. BLUMBERG, INC.~,
    Petitioner,
    v.
    )
    PCB 74—167
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,)
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Dr. Odell)
    On April 29, 1974, Bluntherg,
    Inc.,
    filed a Petition
    for
    Variance with the Pollution Control Board seeking relief from the
    sewer ban set down in Order #7 of League of Women Voters v. North
    Shore Sanitary District #70-7, -12, —13, —14; 1 PCB 369 (March 31,
    1971). Petitioner made its request at this time because of our
    recent Order in North Shore Sanitary District v. Environmental
    Protection Agency #73-134 (January 10, 1974). In that case, we
    granted the North Shore Sanitary District (NSSD) authority to issue
    2,000 permits (8,000 P.E.) for connection to the Clavey Road sewage
    treatment plant to be effective after July 1, 1974. Petitioner
    has just completed construction of a furniture store at 3235 Belvidere,
    Park City, Lake County, Illinois. This store is served by the Clavey
    Road plant. Petitioner has obtained a permit to add 8 P.E. to the
    NSSD sewer line after July 1, 1974, but seeks immediate connection
    to facilitate a June 1 store opening.
    Petitioner argued that to not grant the variance would result
    in financial hardship. Petitioner stated that its hardship, when
    balanced against the minimal adverse environmental consequences of a
    variance, should allow early hook-up. Petitioner estimated that
    delay until July 1 would result in a projected financial loss of
    $20,000.
    On June 5, 1974, the Environmental Protection Agency (EPA)
    recommended that the variance be denied. The EPA argued that the
    hardship, which is economic, is self—imposed because Petitioner
    acted with knowledge and without reliance when it entered into its
    project. EPA believes that Petitioner1s use and enjoyment of its
    property is briefly suspended, but not terminated. Also, EPA pointed
    out that Petitioner~splight is not unique and is characteristic of
    virtually every property owner in the area affected by the sewer ban.
    The Environmental Protection Agency reported that 11the Clavey
    Road plant is now scheduled to achieve secondary treatment capacity
    of 17,8 million gallons per day (MGD) by June 1, 1974, though one of
    the nine primary tanks will not be operational until July 1, 1974.”
    12
    —
    535
    —2--
    The performance of the Clavey Road sewage treatment plant is shown
    by the following operation reports for eight months from September
    1973 through April 1974:
    Average
    Average
    Average
    Month
    flow (MGD)
    BODç (mg/i)
    TSS (mg/i)
    September 1973
    6.7
    7
    18
    October 1973
    *
    12
    27
    November 1973
    *
    32
    31
    December 1973
    *
    24
    29
    January 1974
    *
    16
    18
    February 1974
    *
    8
    21
    March 1974
    *
    17
    15
    April 1974
    10.8
    24
    22
    *
    Flow not reported
    The NSSD should consistently produce an effluent with no
    more than 20 mg/l BOD5 and 25 mg/i total suspended solids, according
    to Rule 404(b) in Chapter 3, Water Pollution Regulations, and as
    ordered by the Pollution Control Board in North Shore Sanitary
    District v. Environmental Protection Agency, PCB 71—343, January 31,
    1972. Following improvements in the Clavey Road plant, it has
    achieved these standards during the first four months of 1974,
    except for BOD5 in April 1974.
    Strict adherence to our Order in North Shore Sanitary Distri~
    v. Environmental Protection Agency, PCB 73-134, would indicate denia
    ~Uthis variance as was recommended by EPA. However, performance of
    the Ciavey Road plant is irnproving.and is in essential compliance
    with applicable standards. When July 1, 1974, was established in
    PCB 73-134 as the date on which additional sewer connections could
    be authorized to the Clavey Road plant, this was based on the pro-
    jected completion of certain improvements and the anticipated in-
    crease in efficiency of operation. Monthly operation reports durinç
    the first one-third of 1974 for the Clavey Road plant indicate that
    it can now adequately treat additional sewage. Under these cir-
    cumstances, we believe that Petitioner’s request for a variance to
    July 1, 1974, can be granted without adversely affecting the enviro
    ment.
    ORDER
    The Illinois Pollution Control Board hereby grants J.
    Blumberg, Inc., a Variance from Order #7 of League of Women Voters
    v.
    North Shore Sanitary District, PCB 70—7, —12, -13, and —14, to
    allow an immediate sewer connection for eight (8) population
    equivalents in Petitioner’s newly-constructed furniture store at
    3235 Belvidere, Park City, Lake County, Illinois. The eight (8)
    population equivalents in Petitioner’s Variance shall be the same
    as authorized in Petitioner’s sewer permit which is effective July
    1974.
    IT IS SO ORDERED.
    12—536
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby c rtify that the above Opinion and Order
    was adopted on the
    /.34~~
    day of
    ____________,
    1974, by a vote
    of
    ___
    tot~
    Christan L. M
    12—537

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