ILLINOIS POLLUTION CONTROL
BOARD
April 3, 1980
ROY B. FELDKAMP, JOANN FELDKAMP
AND CITY OF ALTAMONT,
)
Petitioners,
)
v.
)
PCB 80—10
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Goodman):
On January 14, t980 Roy B. Feldkamp and Joann Feldkamp
(Feldkarnp) filed this petition before the Board requesting
variance from Sections 12(b) and 39(a) of the Illinois Environ—
mental Protection Act (Act) and from Rule 962(a) of Chapter 3
of the Illinois Pollution Control Board Rules and Regulations
(Regulations). Pursuant to a Board Order entered January 24,
1980 the City of Altamont was joined as a petitioner and Feldkamp
amended the petition. On March 17, 1980 Feldkamp requested
expedited decision alleging extreme hardship. Having received
the Agency Recommendation herein on March 21, 1980, the Board
herewith grants Feldkamp’s motion for expedited decision.
Feldkamp owns and operates the Altamont Repair Service,
located in Altamont Illinois, which employs a total of
five persons, Feldkamp recently constructed a new facility
at a cost of approximately $85,000, which facility requires
a sewer extension of approximately 50 feet from the building
to a sewer main of the City of Altamont to he located near
the Feldkamp property. The purpose of the extension is to
provide washroom facilities for the five employees. Since
Altamont~s South Sewage Treatment Plant has been placed on
restricted status by the Agency, Feldkamp has been unable to
obtain a permit for the proposed extension.
In its recommendation, the Agency points out that since
the Altamont Repair Service is being relocated, apparently
within the area served by the same South Sewage Treatment Plant,
there should be little or no increase in plant loading at this
time, resolving in the conclusion that no adverse environmental
impact should occur.
—2—
The total estimated discharge from the facility is 67
gallons per day. Considering this and the hardship that would
be imposed upon Altamont Repair Service should it he unable to
provide its five employees with washroom facilities, the Board
finds that; the proposed variance is warranted. The Board will
therefore grant variance from Rule 962(a) of the Regulations under
certain conditions. The Board finds that variance from Section
12(b)
and 39(a) of the Act is unnecessary.
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board
that:
1. Variance be granted Roy B. Feldkamp, Joann Feldkamp
and the City of Altamont from Rule 962(a) of the Illinois
Pollution Control Board Rules and Regulations, Chapter 3: Water
Pollution, under the following conditions:
(a) no other connection shall he made to this sanitary
sewer extension until the City of Aitamont’s South Sewage
Treatment Plant has been upgraded;
(h) the City of Altamont shall continue to pursue
grant funds to upgrade its Sanitary Sewage Treatment Plant;
(c) the City of Altamont shall operate and maintain
the Sanitary Sewage Treatment Plant so as to provide optimum
operating efficiency; and
(d) within 45 days of the adoption of this Order, all
Petitioners shall execute and forward to the Illinois
Environmental Protection Agency, 2200 Churchill Road,
Springfield, Illinois 62706, a Certification of
acceptance of and agreement to be bound to all terms and
conditions of this Variance. The 45—day period shall
he held in abeyance during any period this matter is
being appealed. The form of said certification shall
he as follows:
—3—
CERTIFICATION
I (We),
,
having
read and fully understanding the Order of the Illinois Pollution
Control Board in PCB 80-10, hereby accept said Order and agree
to be bound by all of the terms and conditions thereof.
S IGNED
TITLE
DATE
2. Variance from Sections 12(b) and 39(a) of the Illinois
Environmental Protection Act is hereby denied.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control B~3~d,hereby certify that the above Order wa adopted
on the
‘3
day of
~~ML’
1980 by a vote of
..(~
Christan L. Mof
Clerk
Illinois Pollution ontrol Board