ILLINOIS POLLUTION CONTROL BOARD
    September 7, 1978
    NORTH SHORE SANITARY DISTRICT,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 78—144
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Young):
    This matter comes before the Board on a Petition by the
    North Shore Sanitary District on behalf of its Waukegan sewage
    treatment plant for relief from a sewer ban imposed on this
    facility nearly 7 1/2 years ago. On May 15, 1978, the NSSD
    filed this Petition for Variance and submitted an Amended
    Petition dated June 14, 1978, the latter pursuant to a Board
    Order issued on May 25, 1978. On February 2, 1978, the Board
    issued an Order to the Petitioner in Variance proceeding 77-228,
    which conditioned final relief from restricted status upon a
    showing that the effluent from the Waukegan STP had been diverted
    from Lake Michigan. On September 1, 1978, the Environmental Pro-
    tection Agency filed a Recommendation that Petitioner be granted
    a variance for this facility subject to certain conditions. No
    hearing was held in this matter.
    The NSSD owns and operates the Waukegan STP which was placed
    on restricted status pursuant to Board Order in League of Women
    Voters, IEPA et al. v. North Shore Sanitary District, ?CB 70-7,
    12, 13 and 14, 1 PCB 369, 655 (1971). Since then, the Board has
    granted Petitioner limited relief in the form of variances
    which provided specific numbers of new connections to the Waukegan
    STP, as Petitioner implemented its program to improve and expand
    this facility and to divert its discharge from Lake Michigan.
    Most recently, in Orders dated February 2, 1978, and March 16,
    1978, the Board continued the general sewer ban while granting
    a variance for additional connections amounting to 200 population
    equivalents.
    According to the Amended Petition, the Waukegan effluent
    pumping station is in operation and diversion of effluent from
    the Waukegan STP to the DesPlaines River is now complete. The
    Agency recommends that Petitioner be granted the requested
    relief provided that it does not apply to certain sewers on
    restricted status within the City of Waukegan, owned and oper-
    ated by the City of Waukegan.
    31—393
    —2—
    In view of the foregoing, the Board finds that this sewer
    ban has served its purpose in eliminating a significant source
    of pollution from Lake Michigan. The Board will hereby termin-
    ate the sewer ban imposed by paragraph 7 of the March 31, 1971,
    Order in League of Women Voters et al. Any Agency-imposed sewer
    bans (i.e., restricted status as defined by Rule 604 of Chapter
    3) on specific areas within the City of Waukegan shall remain
    in full force and effect.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1. The Board hereby terminates the sewer ban imposed upon
    the Waukegan sewage treatment plant of the North Shore Sanitary
    District pursuant to paragraph 7 of the March 31, 1971, Order
    in League of Women Voters, IEPA v. North Shore Sanitary District,
    PCB 70—7, 12, 13 and 14, 1 PCB 369, 655 (1971) and other Board
    Orders pertaining to this specific matter which continued or
    revised this sewer ban.
    2. Any sewer within the service area of the North Shore
    Sanitary District which is subject to restricted status as
    defined by Rule 604 and established pursuant to Rule 962 of
    Chapter 3: Water Pollution Regulations is not affected by
    this Order and the restricted status thereon shall remain in
    full force and effect.
    3. Within forty-five (45) days of the date of this Order,
    the Petitioner shall submit to the Manager, Variance Section,
    Division of Water Pollution Control, Illinois Environmental
    Protection Agency, 2200 Churchill Road, Springfield, Illinois,
    62706, an executed Certification of Acceptance and Agreement
    to be bound to all terms
    and conditions of
    the variance. The
    forty-five day period herein shall be stayed during judicial
    review of this variance pursuant to Section 41 of the Environ-
    mental Protection Act. The form of said certification shall be
    as follows:
    31—394
    —3—
    CERTIFICATION
    I, (We), ____________________________ having read
    the Order of the Pollution Control Board in PCB 78-144,
    understand and accept said Order, realizing that such
    acceptance renders all terms and conditions thereto
    binding and enforceable.
    SIGNED
    TI TLE
    DATE
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the abov Opnion and Order were
    adopted on the
    74~.
    day of
    __________________,
    1978 by
    a vote of
    d41~
    V
    Christan
    L. Moff~c,ç/,
    Clerk
    Illinois Polluti~fr’ControlBoard
    31—393

    Back to top