iLLINOIS POLLUTION CONTROL BOARD
July 17, 1975
L and M APARTMENTS,
Petitioner,
v.
)
PCB 75—124
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Goodman):
L and N Apartuents (L and N) filed a petition for
variance from Rule 962 of the Water Regulations with the
Pollution Control Board (Board) on March 20, 1975. An
amended petition was filed on March 27, 1975. No hearing
was held.
L and M desires to build 12 low and medium income
apartments in the Village of Toledo, County of Cumberland,
which would be connected to Toledo’s sewer system. Toledo’s
sewage treatment system was placed on restricted status by
the Environmental Protection Agency (Agency), pursuant to
Section 39 of the Environmental Protection Act and Rule
962(a) of the Water Regulations, on January 16, 1975. In
order for L and N to obtain a Rule 951 construction permit a
variance from Rule 962 is required.
Toledo’s sewage treatment plant was designed to treat
0.093 MGD and an organic load of 930 P.E. The Agency esti-
mated, however, that the plant was receiving 0.069 MGD and
an organic load of 1023 P.E. Toledo’s 6—acre, single cell
lagoon is not chlorinated nor are analyses of the lagoon
effluent made by the Village. The Agency’s grab samples
show an average of 36.8 BOD5, 93.5 SS and 117,970 fecal
coliform per liter.
The Village intends to convert, its single cell lagoon
into a three cell aerated lagoon thereby qualifying for a
lagoon exemption under Rule 404(f)(i). Due to Toledo’s low
priority number in the Federal Construction Grant Program,
funding for the proposed treatment works will not be avail-
able in the near future.
A draft NPDES permit was sent out for public notice on
March 28, 1975, having interim standards of 50 mg/l BOD and
100 mg/SS until October 31, 1976.
Sometime between March and May of 1975, the Village,
upon a 1974 Agency recommendation, installed surface skimmer
baffling around the inlet end of the effluent pipe to prevent
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the discharge of floating material into the intermittent
stream, Cottonwood Creek, the receiving stream. The Village,
also upon Agency recommendation, installed extension collars
on manholes near the treatment plant to prevent sewage
overflow. These improvements were made due to the efforts
of petitioner herein.
L and M’s apartments would be financed by a F.H,A.
loan. Petitioner hired an engineer, an attorney and a
consultant, and performed a feasibility study and negotiated
the loan and con~itructioncontract before the sewer ban
became effective. The area is economically depressed and
has a housing shortage. Construction of the building would
provide both employment and housing which are badly needed.
The Board has in the past held that entering into
contractual agreements prior to the actual start of con-
struction does not in and of itself constitute an arbitrary
and unreasonable hardship. Carrie F. Androcki et al v. EPA
PCB 71-149, 2—363. However, each case must be decided on
its own facts. American National Bank and Trust Company
v. EPA, PCB 71—132, 2—230.
It is the Opinion of the Board that L and M has shown
an arbitrary and unreasonable hardship would result if the
variance is denied. Petitioner’s efforts have improved the
treatment works in Toledo. The area needs housing and
employment. If construction does not begin soon the F.H.A.
may withdraw its approval of Petitioner’s loan, and no other
financing is available to L and M. The benefit which the
public would receive from the apartments far exceeds the
small burden placed upon it. In consideration of the fore-
going, the Board will grant Petitioner’s variance. This
Opinion constitutes the Board’s findings of fact and law in
this case.
ORDER
It is the Order of the Board that L and M Apartments be
and hereby is granted a variance from Rule 962 of the Water
Regulations. Said variance shall be void unless utilized
within two years of the date of this Order.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certifX the above Opinion and Order
were adopted on the
/7~
day of July, 1975 by a
vote of ________________________
Christan L. Moffettj
9~’JArk
Illinois Pollution Cd~’?~olBoard
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