ILLINOIS POLLUTION CONTROL BOARD
April 29, 1982
LOMBARD PINES SHOPPING CENTER,
)
Petitioner,
P03 82—8
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
NORMAN K. SACKAR, PETITIONER, APPEARED PRO SE.
WAYNE WIEMERSLAGE, ESQ., APPEARED ON BEHALF OF RESPONDENT.
RITA ELSNER, ESQ., APPEARED ON BEHALF OF THE VILLAGE OF LOMBARD.
OPINION AND ORDER OF THE BOARD (by I. Goodman):
On January 27, 1982, Lombard Pines Shopping Center (Lombard
Pines) filed a Petition for Variance from Rule 962(a) of Chapter
3: Water Pollution of the Board~sRegulations to allow a sewer
connection of a proposed development
located
in the Village of
Lombard, Illinois. Lombard Pines subsequently filed an Ainended
Petition in response to a Board Order and, on March 19, 1982,
the Board joined the Village of Lombard (Lombard) as a Respondent
herein and ordered the matter set for hearing since three
objections to the Petition had been timely filed. The hearing
was held April 19, 1982, at which a number of citizens expressed
their concern about the proposed variance, On April 21, 1982,
Lombard Pines moved for expedited consideration in this matter,
which motion is hereby granted~ Jewel Food Stores (Jewel) having
filed an appearance herein and having participated in the hearing,
the Board ou its own motion hereby joins Jewel as co—petitioner
pursuant ~o Procedural Rule 303(c),
Lombard Pines presently owns and operates the Lombard Pines
Shopping Center located at Roosevelt Road and Main Street in
Lombard, Illinois. Jewel operates a combination grocery—drug
store in the shopping center, which also contains a number of
other stores and a large parking lot~ Lombard Pines proposes
to build a new and larger facility to be leased to Jewel on the
Lombard Pines site, The existing facility would then be rented
to others for use other than as a grocery—type store pursuant to
an agreement between Jewel and Lombard Pines. The proposed new
facility will create an estimated sewage flow of approximately
2,300 gallons per day. The additional discharge requires a
46—2 11
2
permit to construct and operate a sewer extension pursuant to
Rule 95l(b)(2) of Chapter 3: Water Pollution. Construction of
the new facility was expected to start in April or May of 1982,
and the need for the sewer extension and connection to the
Lombard sewer system anticipated in September or October of 1982.
Discharge from the old facility is expected to be reduced to a
total of 285 gallons per day which, when added to the wastewater
discharge of the new facility, would result in a net increase of
48 gallons per day of wastewater generated by the shopping center.
The Lombard sewer system is presently under restricted status
imposed by the Illinois Environmental Protection Agency (Agency)
due to surcharging sewers, overflows, and basement back—ups.
Lombard has a population of approximately 38,800 persons. The
existing sewer facilities are both combined and separate sewers
which are tributary to the new Glenbard Sewage Treatment Plant,
Variance is requested from Rule 962(a) in order to allow the
construction and connection of the sewer extension thereto.
The Agency recommends that the variance be granted with a
number of conditions, the total effect of which will maintain the
status quo with regard to discharge to the sewer system from the
shopping center. This result will occur because not only is the
new facility more efficient in its use of water, but Jewel
proposes to limit its total water usage to no more than an average
of approximately 2,400 gallons per day until completion of a new
interceptor sewer which will eliminate potential problems down-
stream of the shopping center. In addition, Lombard Pines
proposes to leave the existing facility empty until such time as
the interceptor is completed and operating. This results in
slightly less sewage to be discharged than that which is presently
discharged by the existing facility. There thus appears to be an
environmental improvement under the conditions proposed by the
Agency for the variance.
Another potential environmental problem may occur due to the
increased roof area and the attendant runoff. At hearing, both
the engineer retained by Lombard Pines and the City Engineer of
Lombard testified that if runoff from the shopping center were to
go either east or west, it would be contained by a retention basin
or conducted through storm sewers to a local stream (R. 5, 11 and
20).
The citizens that testified at the hearing brought up a
number of problems concerning the Lombard sewer system. Jeanne
Greenwald expressed concern about the 48 additional gallons per
day originally predicted from the new facility. This situation
will be corrected if the Agency~sproposed conditions are
accepted by the Board. Peter Davis appeared in support of the
variance. Flora Allen appeared on behalf of a Not—For-Profit
Citizens group known as “We The People.” ¶‘~s, ~tllenmentioned
potential runoff problems and the fact that certain citizens
46—212
who were currently utilizing septic fields should be given
consideration for hook—up to the sewer system before a business.
The City Engineer of Lombard pointed out, in cross—examination,
that the people with the septic fields cited by the Du Page
Health Department and ordered to connect to the available sewer
system before May 1, 1982, are in Du Page County, and not under
the control of the Village of Lombard.
George Fyler presented a rather lengthy statement citing
allegations of widespread, long—time sewer neglect by the Village,
allegations of false statements issued by the Lombard Adminis-
tration concerning the sewer problems, and alleging poor design
of the Agency—approved interceptor sewer. Mr. Fyler’s statement
rambled a bit, hut the gist of his argument appeared to be that
Village and Agency engineers were incompetent and that other more
serious problems in the Village should be addressed before the
new interceptor is constructed. During cross—examination, the
City Engineer explained that the new interceptor was merely a
part of a larger plan to relieve the entire area and that it had
not only been carefully designed, hut it had been reviewed by the
Village, the Agency, and by an outside engineering firm.
The Board is well aware of the problems associated with the
sewer system in the Village of Lombard. It has granted variances
in this area only after careful consideration of the effect on
downstream connections and have insisted that any variance granted
be conditioned upon the protection of the downstream citizens. In
this case, it appears that by incorporating certain conditions the
Board may recognize the arbitrary and unreasonable hardship that
Lombard Pines would incur should it be unable to provide Jewel
with the new facility at the shopping center, while protecting
the interests of the downstream citizens at the same time. The
concerns about runoff at the facility appear to have been already
addressed and the problem corrected. If the variance is
conditioned as the Agency proposes, there will be a net decrease
in the amount of wastewater discharge into the sewer system from
the shopping center, The issue of whether or not some other
citizen should somehow stand in line ahead of Lombard Pines is not
before the Board. Any citizen who feels he/she is sustaining an
arbitrary and unreasonable hardship with regard to the restricted
status of the Lombard sewer system has the right to come before
this Board with a variance petition and have it considered on its
own merits without regard to other similar situations.
The Board finds that denial of the proposed variance would
work an arbitrary and unreasonable hardship on Lombard Pines and
will therefore grant the variance from Rule 962(a) to allow the
construction and operation of the sewer extension, as requested,
but will condition such variance pursuant to the Agency recom-
mendation so as to give protection to downstream citizens from
any increase in sewer problems.
46—213
4
This Opinion constitutes a finding of facts and conclusions
of
law of the Board in this matter,
ORDER
Lombard Pines Shopping Center, the Village of Lombard, and
the Jewel Food Stores are hereby granted variance from Rule 962(a)
of Chapter 3: Water Pollution Control Regulations to allow the
connection of a facility located at Roosevelt Road and Main Street,
Lombard, Illinois, to the Village of Lombard sewer system subject
to the following conditions:
1. Petitioner shall comply with subparagraphs a) through g)
of paragraph 51 of the Illinois Environmental Protection
Agency~s Recommendation, filed April 19, 1982, which
Recommendation is incorporated by reference as if fully
set forth herein,
2. Within forty—five days of the date of this Order, Petitioner
shall execute and forward to the Illinois Environmental
Protection Agency, PWS Enforcement Programs, 2200 Churchill
Road, Springfield, Illinois 62706, a Certificate of
Acceptance and Agreement to be bound to all terms and
conditions of this variance, This forty—five day period
shall he held in abeyance for any period this matter is
being appealed. The form of the certificate shall be as
follows:
CERTIFICATE
I,
(We), _________________________________,
having read
the Order of the Illinois Pollution Control Board in P03 82-8,
~‘
Order, realizing that such acceptance renders all terms and
conditions thereto binding and enforceable.
Petitioner
By: Authorized Agent
Title
Date
IT IS SO ORDERED,
I, Christan L. Moffett, Clerk of the Illinois
Pollution
Control
Board, hereby certify that
the above Opinion and
Order was
adopted on the~~
day of
~
1982 by a vote of
~
C1c~~d~Lk1~LLLLL
__
Christan L. Moffet~
/
rk
Illinois Pollution
ol Board
46—214