ILLINOIS POLLUTION CONTROL BOARD
    November 10, 1976
    S & S DEVELOPMENT,
    )
    Petitioner,
    )
    )
    )
    v.
    )
    PCB 76—178
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION
    AND ORDER
    OF THE BOARD (by Mr.
    Dumelle):
    This matter comes before the Board on a Petition for Variance
    filed by S
    &
    S Development on June 21, 1976. The Petition was
    amended on August 20, 1976 and the Agency filed its Recommendation
    on November 4, 1976. No hearing was held.
    Petitioner seeks relief from Water Regulation 962(a) to allow
    the connection of a high rise apartment building for the elderly
    onto the Effingham, Effingham County, Illinois sewer system in
    spite of the Agency imposed restricted status in effect since
    January 25, 1975.
    The proposed building will contain forty one-bedroom apart-
    ments and is expected to house eighty persons and will cost about
    $688,000. The project is to be built under the auspices of the
    Federal Department of Housing and Urban Development and will qualify
    for rent subsidy payments. Such housing is greatly needed in
    Effingham County (Exh. A).
    The Board must determine whether the hardship which would
    be occasioned by a denial of this variance so outweighs the environ-
    mental harm as to render that hardship arbitrary or unreasonable.
    A crucial consideration here is the effort taken by the City of
    Effingham to modify the Henrietta Lift Station and its sewage treat-
    ment plant. The Agency has found the City’s progress to lead to
    the conclusion that a grant of the variance would result in a
    minimal effect on the Effingham Sewage Treatment Plant and the
    quality of its effluent. The proposed project will result in the
    addition of approximately 8,000 gallons per day to the Effingham
    plant.
    Effluent strength from the sewage plant in 1976 ranged from
    24—243
    —2—
    43-52 mg/i BOD5 and from 45-85 mg/i suspended solids. These levels
    are at least 4 times the standard for this plant: (10 mg/i BOD5 and
    12 mg/i suspended solids.
    While
    the effect of this discharge on
    the receivinq stream
    has
    not been clearly demonstrated in the record,
    the Board has sufficient facts before it to conclude that the
    denial of this variance would place an unreasonable hardship upon
    Petitioner and the senior citizens of Effingham County. However,
    the connection may not be used until the upgrading at Effingham’s
    plant and lift station have been completed.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    Petitioner, S & S Development, is hereby granted variance from
    Water Regulation 962(a) to allow the construction of a sewer connec-
    tion for a forty-unit housing development (eighty population equiva-
    lent) onto the City of Effingham sewage treatment system. Said
    connection shall not
    be
    operated until such time as the interim
    improvements to
    the
    plant and lift station (page 3 of Agency
    Recommendation) are completed.
    IT IS SO ORDERED.
    L, I~rHt~iiiI.
    Moifvt
    t, Chrk of the I Ii
    iiioe~
    Pollut ion Cout~rut
    Board, hereby certify
    the above Opinion and Order were adopted on the
    _________day of November,
    1976
    by a vote of
    ______________________
    Illinois Pollution
    Board
    24 — 244

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