ILLINOIS POLLUTION CONTROL BOARD

March 17,

1994

ATLANTA MEADOWS,

LTD. AND,

)

R.O.C.G.P.

CORP. GENERAL PARTNER,

)

)

Petitioner,

)

v.

)

PCB 93—72

)

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER

OF

THE

BOARD (by CA. Manning):

This

matter is before the Board on Motion to Reconsider or

in the alternative a Motion to Clarify the Board’s January 20,

1994 order and opinion filed pursuant to 35 Ill. Adm. Code

SS1O1.246 and 101.300.

The instant motion was filed on February

24,

1994, by the Illinois Environmental Protection Agency

(Agency).

This matter originally was before the Board on an

amended petition for variance filed by Atlanta Meadows Ltd. and

R.O.C.G.P.

Properties,

Inc.

(Atlanta) on July 19,

1993.

Atlanta

requested variance from 35 Ill

•

Adm. Code § 304.120(c),

Deoxygenating Waste, and 35 Ill.

Adin. Code § 304.141(a), National

Pollutant Discharge Elimination System (NPDES) permit Effluent

Standards in order to continue operating its waste water

treatment plant

(WWTP)

for Mobet Meadows Mobile Home Park in Rock

Island County, Illinois, while coming into compliance.

The Board

granted the requested relief on January 20,

1994.

In ruling upon a motion for reconsideration the Board is to

consider, but is not limited to, error in the previous decision

and facts in the record which may have been overlooked.

(35 Ill.

Adni. Code §101.246(d).)

In Citizens Against Regional Landfill v.

The County Board of Whiteside County

(March 11,

1993), PCB 93-

156, we stated that “(t)he intended purpose of a motion for

reconsideration is to bring to the court’s attention newly

discovered evidence which was not available at the time of the

hearing, changes in the law or errors in the court’s previous

application of the existing law. fl(orogluyan v.Chicago Title &

Trust Co.

(1st Dist.

1992),

213 Ill. App.3d 622, 572 N.E.2d 1154,

1158).”

On reconsideration, the Agency argues that the applicable

standards do not create arbitrary or unreasonable hardship,

or,

if so, that this hardship is self—imposed.

The question of

hardship was raised by the Agency in its recommendation to the

Board filed on October 19,

1993.

While the Agency’s argument is

more specific than that raised earlier before the Board,

it is

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2

still presents their original argument but in a different

fashion.

The Board considered the Agency’s hardship argument at

that time, but

rejected it in favor of the policies and reasons

stated in the Board’s January 20,

1994 order and opinion.

Accordingly, the Board denies the motion for reconsideration.

Alternatively the Agency requests clarification of the

Board’s order and opinion.

The Agency requests that the Board

amend its order to include interim limits of 10 mg/i for

biochemical oxygen demand

(BOD5) and 12 mg/i for total suspended

solids

(TSS) during normal flow periods and immediately after

rainfall events and 45 mg/i during rainfall events.

Atlanta in

its reply to the Agency’s motion to clarify filed on March

9,

1993, states that although it indicated its willingness to accept

such interim limits in its response to the Agency recommendation

filed on October 27,

1994,

it objects to interim limits if such

limits do not address or provide for a biomass recovery period

after rainfall events.

The Agency also requests the Board to

clarify Condition D of the Board’s order and opinion of January

20,

1994.

Atlanta states that it does not object to the

condition being clarified.

The Board believes that it may be appropriate to allow for a

period of time after a rainfall event to allow for biojuass

recovery.

However, neither the Agency nor Atlanta offer any

argument as to a reasonable period of time for Atlanta’s biomass

to recover after rainfall events.

The record does not aid the

Board in determining the appropriate time period for the biomass

recovery to take place.

However,

it is clear that an interim

limit restricting BOD5 and TSS discharges to not exceed

45 mg/i

is appropriate.

The Board will add the interim limit to

Condition C of this order.

Finally,

as the parties state

Condition D of the January 20, 1994 order was intended to read

“Atlanta Meadows LTD. and R.O.C. Corporation shall remediate the

unnamed tributary by removing unnatural algae growth and sludge

deposits attributable to its discharge once compliance has been

achieved” and will be corrected in this order.

The order below replaces the previous order of January 20,

1994.

ORDER

Atlanta Meadows, LTD. and R.O.C. Corporation ~(Atlanta

Meadows) are granted

a variance from 35 Ill.

Adni.

Code

S 304.120(c), Deoxygenating Waste,

and 35 Iii. Adm.

Code

5 304.141(a),

National Pollutant Discharge

Elimination System

(NPDES)

Effluent Standards,

subject

to the following conditions:

A)

Variance shall terminate according to the

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3

following:

1)

Should the City of East Moline decide to

extend its sewer lines to Atlanta

Meadows’ facility, the variance shall

terminate on the earlier of:

a)

the date compliance is

demonstrated, or

b)

the date of completion and

connection of the facility to the

City of East Moline sewer lines,

or

C)

August 31,

1996.

2)

Should the City of East Moline fail to

decide or decides not to extend its

sewer lines to Atlanta Meadows’ facility

by August 31,

1994, the variance shall

terminate on the earlier of:

a)

the date compliance is

demonstrated, or

b)

the date of completion of

construction of a lagoon system and

compliance is demonstrated, or

c)

August 31,

1995.

B)

During the term of the variance Atlanta

Meadows, LTD. and R.O.C.

Corporation shall

take all reasonable measures with their

existing facility to minimize the level of

BOD5 and total suspended solids discharged

from its outfall into the unnamed tributary.

at no time during the variance shall BOD5 and

TSS discharges exceed 45 mg/i.

C)

Atlanta Meadows LTD. and R.O.C. Corporation

shall continue construction of the lagoon

system to achieve compliance with the Board

regulations on September 1,

1994,

if the City

of East Moline decides not to extend the

sewer lines or does not make a decision.

D)

Atlanta Meadows LTD. and R.O.C.

Corporation

shall remediate the unnamed tributary by

removing unnatural algae growth and sludge

deposits attributable to its discharge once

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4

compliance has been achieved.

Within 45 days of the date of this order,

Petitioner shall

execute and forward to Charles Gunnarson, Division of Legal

Counsel, Illinois Environmental Protection Agency, 2200 Churchill

Road, Post Office Box 19276,

Springfield, Illinois 62794—9276,

a

Certification of Acceptance and Agreement to be bound to all

terms and conditions of this variance.

The 45—day period shall

be held in abeyance during any period that this matter is being

appealed.

Failure to execute and forward the Certificate within

45 days renders this variance void and of no force and effect as

a shield against enforcement of rules from which variance was

granted.

The form of said Certification shall be as follows:

CERTIFICATION

I

(We),

hereby accept and agree to be bound by all terms and conditions

of the order of the Pollution Control Board in PCB 93-72, March

17,

1994.

Petitioner ________________________________

Authorized Agent _________________________

Title _____________________________________

Date

______________________________________

IT IS SO ORDERED.

Section

4.

of the Environmental Protection Act

(415 ILCS

5/41) provides for the appeal of final Board orders within 35

days of the date of service of this order.

(See also 35 Iii.

Adm. Code 101.246, Motion for Reconsideration.)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

17ci.

day of

~,

1994, by a vote of

~

Dorothy M. G~nn,Clerk

Illinois Ppjlution

Control Board