ILLINOIS POLLUTION CONTROL BOARD
    August 12,
    1976
    BOARD OF EDUCATION, COMMUNITY UNIT
    )
    SCHOOL DISTRICT NO.
    300,
    )
    Petitioner,
    v.
    )
    PCB 76—162
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Dumelle):
    This matter comes before the Board on a Petition for Variance
    filed on May 24,
    1976 by the Board of Education Community Unit
    School District No.
    300, Kane,
    Cook, McHenry and DeKaib Counties,
    Illinois
    (School District).
    The School District seeks a variance
    from the restricted status placed on the Village of Carpentersville’s
    sewage treatment plant in order to connect a proposed addition to
    the existing Josephine Perry Middle School in Carpentersville, Kane
    County, Illinois.
    On July 26,
    1976 the Environmental Protection
    Agency
    (Agency) filed its Recommendation in this matter.
    The
    Agency states:
    That the Agency evaluated the situation and
    determined that the proposed addition would
    involve
    internal
    plumbing
    only,
    would
    not
    require an additional tap-on to the municipal
    system, would not require an Agency permit and
    thus would not require a variance.
    The Agency’s Recommendation in this matter was filed in the
    form
    of
    a Motion to Dismiss.
    The Agency, however,
    cites no
    provisions in the Act or Board Regulations to support its
    recommendation of dismissal.
    In its June 21,
    1976 letter to
    the School District the Agency stated that since the addition
    would not require an additional tap—on to the Carpentersville
    sewers,
    no permit or variance is required.
    23
    —
    329
    —2—
    The School District states that the new addition will
    add approximately 151 students and
    8 instructors to the existing
    facility.
    The School District, citing a guideline figure, states
    that the resulting discharge would not exceed 20 gpd per person.
    This would total 3,180 gpd.
    However, the Board is not given
    enough information to determine whether Rule 951(b) (2)
    of the
    Board’s Water Pollution Regulations will exempt the School District
    from the requirement of obtaining an Agency permit.
    Rule 951(b)
    (2)
    exempts modifications of sewers serving single buildings and
    designed and intended to discharge less than an average of
    1,500 gpd.
    There is no showing that the discharge will,
    in fact,
    require a permit.
    Twenty gpd may be a maximum rather than an
    average.
    It has not been demonstrated that the additional discharge
    falls outside of the scope of the original Agency permit issued
    for the existing school facility.
    For these reasons, the Board
    finds that the School District has failed to demonstrate that
    a variance is at all necessary.
    This cause must therefore be
    dismissed as moot.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    The instant Petition for Variance of the Board of Education,
    Community School District No.
    300
    is hereby dismissed as moot.
    IT
    IS
    SO
    ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Ordpr were adopted on
    the
    4!4~~~
    day of August,
    1976 by a vote of
    ~c
    Christan
    L. Moffett,Jk)~~~rk
    Illinois Pollution Q~Yit4oiBoard
    23
    —
    330

    Back to top