ILLINOIS POLLUTION CONTROL BOARD

August

4, 1977

CITY

OF MACOMB,

)

Petitioner,

PCB 77~-129

ENVIRONMENTAL

PROTECTION

)

AGENCY,

OPINION

AND

ORDER OF THE BOARD (by Mr~Goodman):

On May 11, 1977 the City of

Macornb

(Maconib) filed a Variance

Petition requesting relief from Order

#2

of the Board

Opinior~and

Order rendered in PCB 75-484, PCB 75-489, and PCB

76-27, conso1i~

dated, dated January 6, 1977. The Variance would entend

for a

period of one year, to July 1, 1978,

the

date for

completion of its

Spring Lake sewage treatment plant

which will serve two subdivisions

currently having its sewage hauled to Maconib~s Collection

System.

An Amended Petition waiving a hearing in

accordance with Procedural

Rule 401(b) was filed

on

June

23, 1977. The Agency~s Recommendation

to grant

the

Variance was filed June 10, l977~

Macomb states it is unable

to meet

the

July

1, 1977 deadline

originally ordered

because of delay in obtaining grant funds.

Two

Illinois Environmental

Protection Agency permits were granted in

January of 1977 for the extended aeration activated sludge

sewage

treatment plant and for the

proposed collection system. The Agency

states Macomb was offered a

State Construction Grant on May 25, 1977,

thus

enabling the City

to

proceed as indicated

in its schedule for

compliance

incorporated

herein,

An

arbitrary and

unreasonable hardship would he imposed were

this variance request denied. Macomb

has

acted expeditiously

and

the delay is through no

fault of its own. No complaints have been

received regarding the

interim method of tank trucking the

two

sewage which protects Macomb~swater

supply.

It

is believed there

will

be no adverse

environmental impact resulting from this variance

---

—2—

grant. Under these circumstances, the Board finds that a variance

is warranted and orders Macoxnb to act expeditiously in proceeding

with the construction of its proposed system so as

to

have it in ful

operation by July 1, 1978.

This Opinion constitutes

the

Board~s findings of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Pollution

Control Board that:

1. The City of Maconth is granted a variance from Order

#2 of PCB 75—484, PCB 75-489 and

PCB

76-27, consolidated,

until July 1, 1978.

2. The City of Macoinb shall continue to haul the sewage

from Springview Hills and Meiwood Estates to the City’s

sewage treatment plant until

the

proposed plan is

in

IT IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution Control

Board, h~reby certify the above pinion and Order were adopted on

the Li

‘~

day ~