ILLINOIS POLLUTION CONTROL BOARD
    April
    25,
    1974
    )
    VILLAGE OF BRADLEY
    )
    )
    )
    v.
    PCB 73-529
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    MR.
    RICHARD
    L.
    ACKMAN, appeared on behalf of the Village of
    Bradley
    MR. JOHN T.
    BERNBOM,
    appeared on behalf of
    the
    Environmental
    Protection
    Agency
    OPINiON AND ORDER OF THE BOARD
    (by
    Mr.
    Dumelle):
    The Village of Bradley
    (Bradley) filed a Variance Petition
    on December 10,
    1974.
    The Agency filed
    a Recommendation on
    January
    14,
    1974.
    A hearing was held on January
    28,
    1974.
    On March
    6,
    1974,
    Bradley,
    through its Attorney of Record Waived
    the 90-day decision period in order to allow BTadley time to
    file
    an Amended Variance Petition.
    On March
    26,
    1974 Bradley
    filed
    an Amended Variance Petition and on April
    17,
    1974 filed
    a Supplemental
    Statement.
    Bradley seeks
    a variance from Rule
    921(a) of
    the Water
    Pollution Rules,
    to allow additional sanitary sewer extensions
    tributary
    to Bradley’s sewage treatment plant.
    These extensions
    would serve
    one hundred twenty-five single family residences
    and
    a 62-room Holiday Inn expansion.
    The Agency recommended denial
    unless Bradley could show that
    the additional connections would
    not cause
    a violation of the Act or applicable
    regulation.
    The
    Board
    has
    previously granted Bradley
    a variance to allow the
    connection
    of
    an
    automobile
    agency
    and
    a
    shopping
    center
    but
    has
    denied
    without
    prejudice
    a
    request
    to
    allow the
    connection
    of
    500-
    single family residences and the
    Holiday
    Inn
    expansion
    (Village
    of
    Bradley
    v.
    EPA, PCB 73-142
    (June
    28, 1973)).
    Since the last
    variance
    request, Bradley has instituted
    the use of chemicals
    to
    improve
    the
    sewage
    treatment
    plant
    performance
    (R.
    67
    ).
    Following
    the
    instigation
    of
    chemical
    addition
    (ferric
    chloride
    and
    polyelectro-
    lyte
    Brad1ey’~
    suspended
    solid
    concent-ration
    in
    its
    effluent
    ha;
    decreased
    markedly
    (Exhibit
    B,
    Amended
    Variance
    Pet:ition).
    Bradley’s
    effluent apparently ranges between 9-18 mg/l BOD5
    and 8-25 mg/l
    suspended solids.
    Therefore Bradley’s discharge
    is currently in comp-
    liance with applicable standards for discharges
    into
    the Kankakee
    River
    (Water Pollution Rule 404(h)).
    12
    —
    149
    -2-
    Bradley’s variance petition was premised on plans
    to expand
    the existing sewage treatment plant.
    However, Bradley presented
    information at the hearing
    that they were proceeding
    to enter
    into
    a contract with Kankakee which would result
    in the diversion of
    sewage to the City of Kankakee~sSewage Treatment Plant.
    The
    City of Kankakee has the available capacity at its sewage treatment
    plant
    to treat all
    of the Village
    of Bradley’s
    flow
    (R.
    47).
    Bradley will divert up
    to
    3 million gallons per day of flow
    to
    the
    City of Kankakee’s Treatment Plant.
    This diversion coupled with
    the use of chemicals
    at
    the existing treatment plants should reduce
    incidents of violation caused
    by
    e-xcessive
    suspended solids
    in
    Bradley~sdischarge to
    the Kankakee River
    (R.
    93).
    The Supplemental Statement filed by Bradley states that the
    contract between the City of Kankakee and Bradley was executed on
    April
    10,
    1974.
    Because Bradley
    is proceeding
    in a manner which
    will alleviate excessive suspended solids discharges
    and other
    violations
    and has instituted remedial methods
    of abating
    the discharge
    of suspended solids
    in excess
    of applicable
    regulations,
    the Board
    has decided
    to grant the requested variance.
    This Opinion constitutes the Board~sfindings
    of facts
    and
    conclusions
    of law.
    ORDER
    The Village
    of Bradley
    is hereby granted a variance from
    Rule
    921(a)
    of the Water Pollution
    Rules
    in order to allow the
    construction
    of sanitary sewer extensions
    to service
    125 single
    family residences and
    a 62-room Holiday Inn expansion subject
    to the conditions
    that
    the diversion
    af
    the portion of Bradley’s
    waste
    be
    completed
    prior
    to
    July
    25,
    1974
    and
    that
    Bradley
    continue
    the
    use
    of
    chemical
    addition
    until
    actual
    diversion
    occurs.
    IT
    IS
    SO
    ORDERED.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois Pollution Con-
    trol Board, hereby certify the above Opinion and Order were adopted
    on the
    ~$t~1
    day of April,
    1974 by a vote
    of
    ~
    Christan
    L. Moffett, C~k
    Illinois
    Pollution Control Board
    12
    ~-
    150

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