ILLINOIS POLLUTION CONTROL BOARD
May 27, 1982
WILDCAT #2, a Texas Limited Partnership,
and THE VILLAGE OF BENSENVILLE,
)
Petitioners,
V.
)
PCB 82—25
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
MESSRS. JAMES A. GEOCARIS, ROBERT W. GETTLEMAN, AND JEFFREY B.
SCHAi~1I~,
D’ANCONA & PFLAUM, APPEARED ON BEHALF OF PFTITIONER, WILDCAT #2.
MRS. WILMA BARTUNEK, VILLAGE ADMINISTRATOR, APPEARED ON BEHALF OF
THE VILLAGE OF BENSENVILLE.
MS. MARY E. DR~tKEAPPEARED ON BEHALF OF THE ILLINOIS
ENvIRoNMENTAr~
PROTECTION AGENCY.
OPINION AND ORDER OF THE BOARD (I. Goodman):
On March 12, 1982 Wildcat #2, a Texas Limited Partnership
(Wildcat), filed its petition for variance for sewer connection
before the Board. On May 18, 1982 the Village of Bensenville
(Bensenville) filed its appearance as co—petitioner herein. The
petitioners request variance from Rules 951, 952, and 962 of
Chapter 3: Water Pollution and from Sections 12 and 39 of the
Illinois Environmental Protection Act (Act) to allow the con-
struction and operation of a sewer extension to serve a proposed
office building on a 4.4 acre site in the northern part of the
Village of Bensenville in north DuPage County about two miles
west of O’Hare Airport. Hearing was held in this matter on May
13, 1982. There was no citizen testimony at the hearing and the
Board has received no public comment in this matter. On May 12,
1982 Wildcat filed a Motion For Expedited Consideration. That
motion is hereby granted.
Wildcat proposes to construct an office building of approx-
imately 73,000 square feet at a cost of $3 million. Construction
of the building will employ approximately 120 workers and should
be completed by March of 1983 and the building totally occupied
early in 1984. The proposed facility will provide office space
for approximately 225 employees and generate a gross rental
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income of approximately $1 million a year. The proposed facility
will discharge approximately 3,700 gallons of sewage a day into
the Bensenville sewer system. That system contains two separate
facilities, one located in the southeastern portion of the vil-
lage (south plant) which serves most of the village, and smaller,
newer system in the northern part of Bensenville (north plant)
which serves, for the most part, an industrial park. Wildcat’s
proposed facility would be tributary to the north plant.
The north plant was constructed in 1971 with a design average
flow of 0.4 mgd. Discharge is to an unnamed ditch, tributary to
Willow Creek and the Des Plaines River. Discharge Monitoring
Reports for the north plant in 1981 indicate a few minor excursions
and an average flow of 0.55 mgd or 138 of design average flow.
As a result the Illinois Environmental Protection (Agency) issued
a notice of pending restricted status in January 1982. The south
plant, on the other hand, has a design average flow of 4.0 mgd and
appears to be not yet loaded to capacity. Bensenville plans to
construct a new sewer main and other allied improvements in order
to divert 0.2 to 0.3 mgd from the north plant to the south plant
and to provide capacity for 0.7 mgd of new sewage for future
construction in the northern area of Bensenville. Bensenville
expects to receive permits from the Agency for construction and
operation of Phase I of the improvements by September of 1982 and
have the Phase I improvements in operation of May 1983 (Ex. D,
Stipulation of Facts). Wildcat’s new facility is included in the
Phase I improvements. The discharge from Wildcat’s proposed
facility will flow to the north plant until Phase I improvements
are in operation. After Phase I operation begins the sewage will
flow to the south plant. The Village of Bensenville alleges, and
has undertaken a study to prove, that the north plant could be
rated at 0.55 mgd rather than the current rating of 0.4 mgd. This
study, however, has not yet been completed.
Wildcat’s construction financing is contingent upon the
issuance of permits for both construction and operation of the
building’s sewer connection without conditions by June 1, 1982.
The Agency, however, has determined that it would issue a con-
struction only permit which has been rejected by Wildcat~s lender.
Wildcat alleges that denial of the proposed variance or any
condition placed on its operating permit would result in a loss o~
the current financing for the proposed facility. This would cause
a delay in the construction of the proposed facility resulting
in the loss approximately $1 million in annual rental income.
Bensenville alleges that denial of the variance will result in a
loss of considerable benefits to the public and the Village in-
cluding a loss of 120 construction jobs and the delay of permanent
office jobs for about 225 workers. Bensenville cites the high
rate of unemployment, particularly in the construction industry,
that presently prevails. In addition, there would be a loss of
property tax revenues of about $50,000 annually. Wildcat has alse
agreed to contribute $85,000 to Bensenville’s public sewer system
as a part of its proposed facility.
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The proposed addition of 3,700 gallons per day of sewage to
the north wastewater plant constitutes about 0.65 of the total
flow. The north plant is currently experiencing little or no
problem in handling the flow directed to it. In addition it is
alleged that the proposed facility will produce no sewage until
April of 1983 and probably will not produce a significant flow
until the end of that year. Before the end of 1983 the sewage
flow from the proposed facility will be diverted to the south
plant which resolves any potential environmental problem.
The Village of Bensenville has formally agreed to undertake
the responsibility of constructing the sewer improvements as
stated regardless of the status of Wildcat’s proposed facility
or any contribution from any entity (R. 66).
The Agency recommends grant of the variance from Rules 951,
952 and 962 of Chapter 3 subject to certain conditions. The
Agency also recommends that variance from Sections 12 and 39 of
the Act he dismissed as unnecessary. The Board agrees. The
record indicates that the probability of environmental harm if
this variance is granted is extremely small. Neither sewer
problems nor problems with the treatment plant are at issue in
this case. The north plant may or may not be hydraulically
overloaded. The overload problem, if real, will be corrected at
approximately the same time the facility begins its discharge.
Balancing the low probability of environmental harm and the
Village’s commitment to expedite flow diversion to the north
plant against the loss of income to Wildcat and the current need
for jobs under the prevailing economic and unemployment condi-
tions in the area, the Board finds that it would be an arbitrary
and unreasonable hardship to deny the proposed variance.
The Board shall therefore grant variance from Rules 951, 952
and 962 of Chapter 3 in order to allow the issuance of construction
and operating permits to Wildcat for the purpose of constructing
its proposed facility in Bensenville. In addition the Board will
order Bensenvili.e to execute the schedule for completion of the
sanitary sewer system improvement as submitted to the Board in
Exhibit E to the Stipulation Of Facts filed on May 18, 1982. This
schedule was approved by the Board of Trustees of the Village of
Bensenville by Resolution dated May 20, 1982 and was filed before
the Board on May 24, 1982.
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER
1. Wildcat #2, a Texas Limited Partnership, is hereby
granted variance from Rules 951, 952 and 962 of Chapter 3: Water
Pollution of the Board’s regulations for the purpose of the
issuance of permits to construct and operate a sewer connection
tributary to the Bensenville, Illinois sewer system for a proposed
office facility located at Thorndale Avenue and Illinois State
Highway 83 in the Village of Bensenville, DuPage County, Illinois.
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4
2. The Village of Bensenville shall execute the
completion schedule for the sanitary sewer improvements contained
in paragraph F, page 2 of the Agency’s amended recommendation
dated May 18, 1982 pursuant to Exhibit B of the Stipulation Of
Facts filed May 18, 1982, both of which documents are hereby
incorporated by references as if fully set forth herein.
3. Variance from Sections 12 and 39 of the Illinois
Environmental Protection Act are hereby denied as unnecessary.
4. Within forty—five days of the date of this Order,
Petitioners shall execute and forward to the Illinois Environmental
Protection Agency, 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 be 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 PCB 82-25,
dated ________________________________, understand and accept the
said 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 ~2~7~day of
~--~
,
1982 by a vote of
Ch±istan
~
L. Moffett,
/ F/~4~HT/~,
,~erk’
Illinois Pollution Control Board
47- 164