ILLINOIS POLLUTION CONTROL BOARD
August 7,
1981
MIDWEST BAPTIST CONFERENCE,
)
)
Petitioner,
v.
)
PCB 81—55
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.D. Dumelle):
On April 15,
1981 Midwest Baptist Conference (Midwest)
filed a petition for variance
from
Rules 203(d),
402, 404(f)
and 902(i)(1) of Chapter 3:
Water Pollution.
In response
to the Board’s April
16,
1981 Order requesting more information,
Midwest filed an amended petition curing the noted defects
on April 29,
1981.
A hearing was scheduled on this matter
upon the May 18,
1981 filing of Long Lake Improvement and
Sanitation Association of an objection to the variance.
However,
that objection was later withdrawn,
and no hearing
was held.
While the Board is, in general, reluctant to cancel
hearings after notice has appeared in the Environmental ~ister,
in this case it appears that everyone’s due process rights
have been protected.*
On June
5,
1981 the Illinois Environmental
Protection Agency (Agency)
filed a recommendation that the variance
be granted in part,
subject to conditions.
Midwest operates a wastewater treatment plant (WTP) which
serves a religious and recreational summer camp, Camp Hickory,
located in Lake County.
The WTP’s maximum daily flow of
14,000 gallons is discharged into a backwater-slough of Squaw
Creek and eventually empties into the Lake County Chain of
Lakes and thereafter to the Fox River.
Treatment includes
an Imhoff tank,
a chlorine contact chamber,
and intermittent
sand filters.
Current discharges range from 4-6 mg/i BOD5.
*
Hearing had been set on July 23,
1981, but was cancelled the
day before based upon the representation by the objector that he
would withdraw his objection.
Statements from the objector, from
Midwest’s attorney,
and from the secretary near the hearing room,
who likely would have been questioned by anyone desiring to attend
the hearing, indicate that the only person who
cat~ieto the hearing
room on the date of hearing was the objector who has, in fact, no~z
withdrawn his objection.
43— 14 1
—2—
It is the Agency’s position that had Midwest not been
overlooked by the Agency at the time of the variance proceeding
Bloomingdale v. EPA (PCB 78—124,
32 PCB 23, Nov.
2,
1978)
that
it would have been included among the over 280 joined petitioners.
That case held that demonstrations of non-contribution to
violations
of dissolved oxygen
(DO) standards by dischargers within
the six county Chicago Metropolitan area would impose an arbitrary
and unreasonable hardship.
Since Lake County is within that
area, the reasoning in that case applies here.
The Board finds that flows involved here are small and
the quality of the effluent is good.
The Board finds that
there would be little or no adverse environmental impact.
Given the Agency’s allegation that had Midwest not been overlooked
by the Agency,
it would have been included in the joined parties
in Bloomingdale, the Board concludes that a denial of variance
from Rules 203(d) and 402 as they relate to DO and Rule 902(a)(1)
as it relates to NPDES permit renewal prerequisites, would
constitute an arbitrary and unreasonable hardship.
The Board finds that variance from Rule 404(f)
is unnecessary
in that the rule was deleted effective May
7,
1981.
Thus,
the
4 mg/i 80D5 and
5 mg/l SS limitations have now been replaced
with a 10/12 limitation.
Since Midwest’s Discharge Monitoring
Reports indicate no violations of the present Rule 404 standards,
no variance will be granted from that Rule.
Pursuant to Section 208 of the Federal Water Pollution
Control Act,
the Northeastern Illinois Planning Commission
(NIPC) has developed an areawide wastewater treatment management
plan for the northeastern Illinois area which includes the
portion of Lake County where Midwest is located.
Therefore,
under Rule
902(j)(4) of Chapter
3 of the Board’s regulations,
Midwest must obtain a revision of that plan to include its
discharge prior to Agency approval of construction of operating
permits.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
1.
The Midwest Baptist Conference is hereby granted variance
from Rules
203(d),
402, and 902(i)(1)
of Chapter
3 of the Board’s
Rules and Regulations as they relate to dissolved oxygen water
quality until October 19,
1983, subject to the following conditions:
a.
Midwest shall obtain a modification to the
NIPC wastewater treatment management plan;
43—142
—3—
b.
Midwest shall operate its treatment plant using
the best practicable operation and maintenance
practices; and
c.
Within 45 days of the date of this Order,
Midwest shall execute and forward to the Board
and to the Illinois Environmental Protection
Agency, Water Pollution Control Division,
2200 Churchill Road, Springfield,
Illinois
62706 a Certification of Acceptance and Agreement
to be bound to all terms and conditions set
forth in the Order.
The 45 day period shall
be held in abeyance during any period in which
this matter is being appealed.
The form of
Certification shall be as follows:
CERTIFICATION
__________________________
hereby accepts and agrees to be
Petitioner
bound by all terms and conditions of the Order of the Pollution
Control Board in PCB 81—55,
dated
Petitioner
By
Authorized Agent
-
Title
Date
_____________________________
2.
Midwest is denied variance from Rule 404(f) of Chapter
3:
Water Pollution.
3.
The Illinois Environmental Protection Agency is hereby
authorized to issue a renewed NPDES permit consistent with the
terms and conditions of the variance relief granted in
(1),
above.
IT IS SO ORDERED.
J.
Anderson and I. Goodman concur.
I, Christan L. Moffett,
Clerk of the Illinois Pol.uton
Control Board, hereb~1ç~ertify
that the above Opinion and
Order
was adopted on the
/
—
day of
~
,
1981 by a vote
of ~‘-O
O
7-I
/
~
Christan L. Moff’e~ Clerk
-
Illinois Poilutith~ControlBoard
43—143