ILLINOIS POLLUTION CONTROL BOARD
December
19,
1980
WOODLANE CORPORATION,
Petitioner,
v.
)
PCB 80—108
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY, COUNTY OF DUPAGE, FIRST
)
CONSOLIDATED PROPERTIES,
INC.,
)
GREEN TRAILS LIMITED, and GRANT
)
SQUARE SERVICE CORPORATION,
)
Respondents.
OPINION AND ORDER OF THE BOARD
(by
I.
Goodman):
On April
19,
1980 the Woodlane Corporation
(Woodlane) filed a
petition before the Board requesting a variance which will allow
the construction and operation of
a temporary waste treatment
facility to service a proposed training center in unincorporated
DuPage County,
near Woodridge,
Illinois.
Subsequently, Woodlane
amended its petition in order to seek connection to the interim
waste water treatment plant ordered by the Board to be constructed
by certain past variance Petitioners
as set forth
in the compliance
plans and the Board’s Opinion
in Corporate West,
Inc.
v.
IEPA,
PCB 80—96,
97,
98,
99, and 100.
The Board ordered all necessary
parties to be joined and granted the amendment to the petition on
October 17,
1980.
No hearing has been held in this matter and
the
Board has received no public comment.
The subject of this variance petition is a proposed facility
to be constructed by Woodlane and used as a training center by the
Bell System.
The proposed construction is to be completed
in
early
1983 and would discharge approximately 54,000 gallons of
waste water per day.
Additional construction
is anticipated
subsequent to 1983.
On May
31,
1979 the Illinois Environmental Protection Agency
(Agency) notified DuPage County Department of Public Works that
its Lisle-Woodridge waste treatment plant had been placed on
restricted status.
Woodlane, therefore, requires some sort of
relief to allow it to hook its sewer system to and discharge
its
waste water into the Lisle-Woodridge plant.
Woodlane proposes
to join with First Consolidated Properties,
Inc., Grant Square
Service Corporation and Green Trails Ltd.
in a construction of
the waste water treatment plant tributary to the Lisle—Woodridge
sewer system which would treat a certain amount of the sewer
40—189
system waste stream in return for access to the Lisle—Woodridge
sewer system for its own waste water.
Green Trails,
Ltd.,
First
Consolidated Properties,
Inc., and Grant Square Service Corpora-
tion are all parties under a Board order entered in the çp~~rate
West consolidated cases.
Woodlane proposes that it loin those
three parties in the construction of the waste water treatment
plant ordered by the Board in
~~~e_West.
The Agency agrees
with Woodlane’s proposal and recommends grant of a variance under
certain conditions.
The environmental situation in this area has been covered
in great detail
in the August
7, 1980 Opinion in Corporate West.
The Board agrees that the addition of Woodlane to the three afore-
mentioned parties
in Corporate West would be a reasonable solution
to Woodlane’s dilemma.
Since there will be little or no harm to the
environment should the variance be granted and since the parties in
Corporate West have apparently agreed to the addition of Woodlane,
the Board finds that it would be an arbitrary and unreasonable
hardship on Woodlane should this variance request be denied.
It is the intent of the Board in granting this variance that
Woodlane be allowed to join with Green Trails,
Ltd., First Con-
solidated Properties,
Inc., and Grant Square Service Corporation
in the construction of a temporary treatment plant which is part
of the relief granted in Corporate West.
The Board retained
jurisdiction in Corporate West for the purpose of making adjust-
ments if the need arose.
The Board shall
likewise retain juris-
diction in this proceeding.
The Clerk of the Board shall he ordered to serve a copy of
this Opinion and Order on all parties in Corporate West so that
every one will be aware of the interdependent conditions con-
tained in the Orders.
This Opinion constitutes the finding of facts and conclusions
of
law of the Board in this matter.
ORDER
1.
Variance is hereby granted to Woodlane Corporation from
Rules 203(d) and 402 of Chapter 3:
Water Pollution as they relate
to dissolved oxygen,
and Rule 962(a) of Chapter
3:
Water Pollution
for the purpose of constructing and connecting a sewer extension
to the Lisle—Woodridge sewage treatment system under the following
conditions:
a.
Woodlane Corporation shall join in the construction
of an interim waste water treatment plant with the design
average flow of at least 0.25 million gallons per day and
which meets the requirements of the Illinois recommended
standards for sewage works
(effective March
31, 1980),
which
plant shall be designed to treat at a minimum the average
equivalent mass BOD~and hydraulic loading that will be gene-
rated by the First c~onsolidatedproject, the Green Trails
project, the Grant Square project, and the Woodlane project.
40—190
b.
Upon completion of the construction of the interim
sewage treatment plant above,
ownership shall be
transferred
to the DuPage County of Public Works.
c.
The
interim treatment plant shall be operated by
the DuPage County Department of Public Works under a contract
approved by the Illinois Environmental Protection
~gency
and
under the direction of a properly certified operator.
d.
The interim treatment plant shall discharge an
efflue~tquality which does not exceed 10 milligrams per liter
of BOD
and 12 milligrams per liter of total
suspended solids
on a 30—day average.
e.
The interim treatment plant shall meet limitations
set by Chapter
3 of the Board’s pollution control rules and
regulations for all parameters therein with the
exception of
dissolved oxygen.
f.
Flows shall be diverted to the interim
treatment:
plant described
in sub-paragraph a above such that the maxi-
mum steady state hydraulic loading condition is maintained.
The requirements of sub—paragraph d and
e above remain in
effect.
In no event, however, may the flow be
less than the
volume necessary to accommodate and treat the raw BOD mass
equivalent from the First Consolidated project,
the Green
Trail project,
the Grant Square project,
and the Woodlane
project.
The steady state design hydraulic operating condi-
tions
shall be based upon the minimum raw wastewater con-
centrations expected under wet weather conditions.
The flow
necessary to maintain a steady state operating condition shall
be determined by the DuPage County Department of Public Works,
subject to approval by the Illinois
Environmental Protection
Agency~once operation of the plant has begun.
g.
All necessary permits shall be obtained from the
Illinois Environmental Protection .~gency.
h.
Adequate sludge handling and disposal
facilities
shall be provided and used.
i.
Operation of the interim treatment plant shall
terminate, if applicable,
prior to the final grant inspection
and approval by the Illinois Environmental Protection Agency
of the Woodridge-Green Valley Wastewater Treatment Plant,
and
the interim plant shall be dismantled within
90 days after
said inspection and approval.
j.
Petitioner shall obtain a modification of area
wide planning requirements as required.
k.
Within 45 days after the Board order,
the Petitioner
and Respondents County of DuPage,
First Consolidated Proper-
ties,
Inc., Green Trails,
Ltd. and Grant Square Service Corpo-
ration shall
individually execute and forward to the Illinois
40—19 1
Environmental Protection Agency,
Division of Water Pollution
Control, Compliance Assurance Section,
2200 Churchill
Road,
Springfield,
IL 62706
a Certification of acceptance and aqree—
ment to he bound by all conditions
of this variance.
This
forty—five day period shall
be stayed
if
Petitioner seeks
judicial review of this variance.
The form of said Certifi-
cation shall
be as follows:
CERTIFICATION
I,
(We,) _______________________
________—,
having read
the Order of the Illinois Pollution Control Board
in PCB 80-108,
dated
*
,
understand and accept
the Order and agree to be bound by all of its terms and conditions.
—~
*
,
Petitioner/Respondent
_______
Authorized Agency
_______________________________
,
Title
____
______
______
Date
2.
Variance from Rule 203(f)
and
402 of Chapter
3:
Water
Pollution as they apply to ammonia nitrogen is hereby denied.
3.
The
Clerk of the Board is hereby directed
to serve
a.
copy of this Order upon all the parties in PCB 80—96 through
80—100 as noted in the Board Order of August
7,
1980 and amended
October
2,
1980.
4.
The Board shall
retain jurisdiction in
this
matter.
IT IS SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby c~jctifythat the above Order and Opinion
were adopted on the ~
day of
~
1980 by
a vote
~
/~
~
~
Christan L.
Moffett, ~1erk
~‘
Illinois Pollution Control Board
40—192