ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    August
    29,
    1972
    GRANT
    PARK
    COMMUNITY
    UNIT
    SCHOOL
    DISTRICT
    NO.
    6
    OF
    KANKAKEE
    COUNTY,
    ILLINOIS
    v.
    )
    PCB
    72-261
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    OPINION
    OF
    THE
    BOARD
    (by
    Mr.
    Dumelle)
    This
    opinion
    is
    in support
    of
    the order
    entered
    herein
    on
    August
    23,
    1972.
    This
    is
    a
    petition
    by
    the
    School
    District
    for
    a variance
    allowing
    them
    to
    discharge
    sanitary
    wastes
    to the
    storm
    sewers
    from their
    new
    high
    school
    building
    after
    some
    degree
    of treatment
    in
    septic
    tanks
    with
    chlorination.
    Hearing
    was
    held on
    August
    16,
    1972.
    The
    new
    school
    building
    has
    already
    been
    completed
    and is
    intended
    to
    replace
    the
    old
    building
    which has
    become
    inadequate.
    All
    of the
    students,
    numbering
    from
    175 to
    200,
    will
    be
    transferred
    to the
    new
    school
    beginning
    with
    the
    start
    of
    the
    next
    semester
    on
    August
    28,
    1972.
    The
    proposed
    temporary
    sewage
    treatment
    system
    at the
    new
    school
    consists
    of three
    1000-gallon
    septic
    tanks
    in
    series
    together
    with
    an
    automatic
    chlorination
    process
    before
    discharge
    into
    the local
    storm
    water
    system.
    The
    cost
    of
    the
    treatment
    system
    is
    $15, 000.
    The
    material
    to
    be treated
    would
    be
    domestic
    sanitary
    waste
    from
    the
    normal
    daily
    use
    of a
    school
    having
    a gymnasium
    but
    no
    kitchen
    or
    eating
    facilities.
    The
    estimated
    quantity
    of
    liquid
    waste
    is
    about
    3000
    gallons
    per
    day.
    The
    waste
    would
    not
    contain
    any unusual
    contaminants
    not
    capable
    of
    being
    treated
    as
    domestic
    waste.
    The
    new
    system
    will
    produce
    an
    effluent
    of
    higher
    quality
    than that
    which has heretofore
    been
    discharged
    from
    the
    old
    school
    with its
    Imhoff
    tank,
    although
    numerical
    values
    do
    not
    appear
    in the
    record.
    The
    treatment
    facilities
    at the
    new
    school
    would
    be
    used
    only
    until
    the
    proposed
    Grant
    Park
    central
    sewage
    treatment
    plant
    and
    sanitary
    sewer
    system
    are
    completed.
    The
    estimated
    cost
    of the
    City plant
    is
    S800,
    000.
    with the
    popula-
    tion
    being
    975.
    The
    City plant
    is
    still
    in the
    design
    stage
    with
    no
    grant
    funds
    awarded
    yet
    and therefore
    will
    probably
    not be
    completed
    for
    at
    least
    two years.
    5
    301

    -2-
    One
    of
    the
    Village
    Board
    Trustees
    testified
    that
    they
    would like
    to believe
    that
    the
    new
    City facility
    would be
    in use
    within the
    next
    couple
    of years.
    The
    School
    District’s
    architect
    had thought
    that
    the
    City plant
    would
    be
    ready
    by this
    time.
    It appears
    from
    the
    record
    although
    it
    is
    somewhat
    ambiguous
    that
    the
    addition
    of a
    sand
    filter
    bed to
    the
    schools
    septic
    tank
    and chlorination
    system
    would bring
    the
    school
    into
    compliance
    with
    existing
    regulations.
    Such
    an
    addition
    would cost
    $10, 000 and the
    School
    District
    alleges
    that
    the
    cost
    would
    be prohibitive.
    However,
    the record
    does
    not
    contain
    any facts
    or
    figures
    proving
    that
    the
    additional
    expense
    of
    $10,
    000
    would impose
    an
    arbitrary
    or
    unreasonable
    hardship
    upon
    the
    District.
    The fact
    that
    the
    schools
    treat-
    ment
    system
    would
    be
    abandoned
    upon
    completion
    of the
    City plant
    is
    not
    by
    itself
    sufficient
    to
    prove
    it
    arbitrary
    or
    unreasonable
    to
    spend
    an
    additional
    $10, 000
    now.
    Assuming
    that
    the
    City plant
    will
    not be
    in operation
    for
    at least
    two years,
    we have
    not
    seen
    proof
    in this
    record
    that
    the
    District
    cannot
    afford
    to
    spend
    an
    additional
    $5, 000
    per
    year
    for treatment
    until
    that
    time.
    We note that
    the
    record
    in this
    case
    is
    inadequate
    as
    to
    certain
    significant
    facts
    which,
    if present,
    could
    result
    in
    a
    different
    ruling.
    The
    record
    does
    not
    state
    which
    water
    quality
    and/or
    effluent
    criteria
    together
    with implementa-
    tion
    dates
    apply
    to the
    school.
    The
    record
    lacks
    analytical
    data
    concerning
    the
    effluent
    from
    the
    old
    school,
    the
    expected
    effluent
    from
    the
    new
    school
    and also
    from
    the
    proposed
    City plant.
    No
    statement
    of the
    effects
    of
    the
    proposed
    dis-
    charge
    on the receiving
    watercourse
    is
    given.
    The
    above
    data
    would
    allow
    us
    to
    determine
    the ex±entof the
    violation
    which,
    if outweighed
    by
    other
    factors
    could
    become
    the
    basis
    for granting
    a variance.
    Furthermore
    the
    Agency’s
    recommendation
    in this
    case
    has
    been
    presented
    in
    an
    unusual
    form.
    At
    the hearing,
    the Assistant
    Attorney
    General
    representing
    the
    Agency
    stated
    that
    the
    Agency had informed
    him
    that
    morning
    that
    their
    recommendation
    would
    be
    to
    grant
    the variance
    for one year.
    Normally
    the
    Agency files
    a written
    recommendation
    in variance
    cases
    wherein
    it
    recommends
    either
    to grant
    or
    deny
    and also
    gives
    its
    reasons
    why.
    Without
    the
    benefit
    of
    the
    Agency’s
    reasoning
    we
    can
    only
    draw
    our
    own inferences
    and
    conclusions
    from
    the
    record.
    Maybe the
    Agency
    sees this
    case
    in a
    different
    light
    -
    -
    we
    don’t
    know,
    but there
    is
    no
    way for
    us to find
    out
    based
    upon
    the present
    record.
    For
    these
    reasons
    we must
    deny
    the variance.
    However,
    we
    will
    do
    so
    without
    prejudice
    so
    that
    the petitioner
    may,
    in the futur~, present
    a
    more
    complete
    case
    upon
    which the
    Board
    may look
    further
    into
    the entire
    matter.
    After
    the
    August
    23
    decision
    of the
    Board
    the
    Agency filed
    its
    recommendation
    with
    the
    Board
    on
    August
    28.
    Some
    of
    the
    missing
    information
    seems
    to be
    in
    5
    302

    —3—
    that
    recommendation.
    However,
    the
    recommendation
    was
    not
    filed
    at
    the
    time
    of
    the
    August
    16
    hearing
    and was
    thus
    not
    in
    the record
    of
    the
    case
    placed
    before
    us
    at the
    time
    of
    decision.
    We
    have
    spoken
    before
    of
    the
    need for
    the
    Agency to
    make
    timely
    filings
    of its
    recommendations
    and
    repeat
    that
    need
    here.
    This
    opinion
    constitutes
    the
    Boards
    findings
    of fact
    and conclusions
    of
    law.
    I,
    Christan
    L.
    Moffett,
    Clerl~of the
    Illinois
    Pollution
    Control
    Board,
    hereby
    certify
    the
    above
    Opinion
    was
    adopted
    on
    the .7~’~dayof
    August,
    1972
    by
    a vote
    of
    ~—
    ~
    Christan
    L.
    Moffett~~ierk
    Illinois
    Pollution
    Control
    Board
    5
    303

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