ILLINOIS POLLUTION CONTROL BOARD

November 30, 1978

SAFARI CAMPGROUND,

Petitioner,

v.

)

PCB 78—260

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

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

This matter comes before the Board on a Petition

filed by Joy Williams, Safari Campground, on October 4,

1978, for a variance to allow the Petitioner to connect

with the sewage treatment facility in Johnston City,

Illinois, which has been on restricted status since

September 7, 1978. The Environmental Protection Agency

interpreted the Petition as a request for relief from

Rule 962(a) of Chapter 3: Water Pollution Regulations.

After reviewing the Petition, the Agency filed a recommenda-

tion on November 8, 1978, to deny the variance. No hearing

was held in this matter; Petitioner waived the right to

hearing in accordance with Procedural Rule 401(b). Since

the Petitioner has had ample time and opportunity to

object to the Agency recommendation, the Board will deem

Petitioner’s failure to respond as a waiver of its rights

under Procedural Rule 406 (a)

Safari Campground proposes to construct a recreational

vehicle campground consisting of 77 sites on the west side

of Johnston City, in Williamson County, Illinois. When

fully operational, Petitioner estimates that the campsite

will generate a daily loading of 5,775 gallons of human

waste. According to the Petition, the Safari Campground

plans to collect and treat this waste in a septic tank

before discharging to a sewer main tributary to the Johnston

City treatment facility. Petitioner estimates that the cost

for installing the proposed septic system and lift station

to a Johnston City sewer main would be $5-6,000 and claims

that any additional treatmen.t requirements would cost an

additional $15—l6,000 (Pet. 1, 2).

32—173

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—2—

Johnston City is presently served by a sewage treat-

ment facility consisting of a 23-acre single cell lagoon

without disinfection faciiities which is designed to treat

an average flow of 0.4 MGD. On September 7, 1978, the

Agency placed the Johnston City STP on restricted status

after granting a permit which exhausted the design capacity

of the treatment facility. According to current discharge

monitoring reports, the Johnston City STP maintains average

BOD5/suspended solids levels of 28 mg/i and 23 mg/I respectively.

Results of analysis of Agency grab samples in September, 1978,

were 70 mg/i BOD5 and 55 rng/l SS. The Johnston City facility

was issued NPDES Permit IL 0029301 which requires that the

facility meet a 10/12 mg/l 130D5/SS effluent quality. Since

then, the USEPA has issued Petitioner an Enforcement Com-

pliance Schedule Letter which amended the allowable effluent

concentrations to 50 rng/l 130D5 and 80 mg/l suspended solids

on a 30-day average (Rec. 1, 2).

In 1975, Johnston City was awarded an accelerated

Step 1-2—3 State grant to upgrade its sewer and sewage treat-

ment facility. Subsequently, Petitioner submitted a Facilities

Plan and an I/I study in March, 1976, which the Agency returned

with a recommendation that Johnston City do a Sewer System

Evaluation Survey. To date, Petitioner has not completed the

SSE Survey, nor is there any indication in the record that

Johnston City is actively involved in other water pollution

abatement programs.

Rule 962(a) of Chapter 3 is directed to fostering the

reasonable and responsible management of new and modified

sources of water pollution in this State. According to

its dictates, the Agency is prevented from issuing a permit

unless Petitioner proves that the wastewater will not cause

a violation of the Act or Rules. Where a variance is required,

Petitioner must show that compliance with the applicable

regulation will cause an arbitrary and unreasonable hardship.

In addition, Petitioner is charged with the burden of proving

that the grant of a variance will not unduly harm the environ-

ment or public health and, whenever applicable, Petitioner

must demonstrate that it is proceeding under a plan to achieve

compliance at the earliest possible date. Alton Box Board,

PCB 75—496, 20 PCB 279 (March 11, 1976)

The Petition is lacking in assurances that increased

loading to the Johnston City STP will not cause environmental

harm to threaten public he~1th. Nor is there any indication

by Petitioner or the Johnston City STP that the latter has

undertaken any program to abate water pollution.

In our opinion, Petitioner has failed to make an

adequate showing to warrant the requested grant of relief.

The Board will deny Safari Campground’s variance petition.

32—174

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--3—

Rejection of this variance does not preclude the

future submission of a ne~:petition for variance which

fully considers the range of available alternatives and

indicates good faith efforts by all concerned with water

pollution control measures in Johnston City to achieve

compliance with the water pollution regulations of this

State.

This Opinion constitutes the Board’s findings of

fact and conclusions of law in this matter.

ORDER

The Petition for Variance filed by the Safari

Campground is hereby denied.

IT IS SO ORDERED.

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

Control Board, her~by certify the above Opinion and Order were

adopted the3~’ day of

~

,

1978 by a

vote of

.0

Christan L. Mof

fi~J,

Clerk

Illinois Polluti~’n Control Board

32—

175