ILLINOIS POLLUTION CONTROL BOARD

March 15, 1979

ST. CLAIR COUNTY HOUSING AUTHORITY,)

Petitioner,

v.

)

PCB 79—27

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

Petitioner has requested a variance from Rule 962

of

Chapter

3:

Water Pollution of the Board’s Rules and

Regulations, The Agency has recommended that the variance be

granted

in part subject to conditions.

No hearing was held.

Petitioner has requested this relief on behalf of

itself,

a Maryland Limited Partnership and the owners of a

parcel of

land in Alorton,

Illinois.

The subject of the

Petition

is a project called Greystone Apartments which will

provide housing for 148 low income families.

The project

consists of 80 two bedroom apartments,

34 three bedroom

apartments,

a community center with

a laundry and car wash,

a maintenance shop,

an office, and related improvements

including

a sanitary sewer system.

The project will house

approximately 522 people.

Sewage will be transported via

the Commonfields of Cahokia sewer system to the Metro East

Sanitary District (MESD) Cahokia Trunk to the Cahokia

treatment plant.

MESD and the Agency have been unable to

permit construction of the sanitary sewers because the

Cahokia treatment plant

is on restricted status and the

Cahokia Trunk

is

in disrepair.

The project will produce an estimated flow of

71,000

gallons per day (.071 MGD) wastewater.

This

flow will not

constitute a threat to the design capacity of the Cahokia

treatment plant

(4,5 MGD primary treatment).

The Cahokia

Trunk has experienced bypassing to a surface drainage ditch

during wet weather and should be greatly improved by the

time this project

is occupied in September,

1980.

The

project will probably have minimal impact on the system

since its inhabitants will mostly be area residents whose

homes will be demolished once they are vacated.

Planning for this project was initiated many years ago

with approval from the U.S.

Department of Housing and Urban

Development

(HUD)

in March,

1976.

There was a delay in

obtaining mortgage financing,

and then imposition of

restricted status

in September 1977.

Petitioner presently

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intends to start construction this spring with completion in

summer,

1980.

Petitioner contends that there is no feasible

alternative scheme for wastewater treatment.

Petitioner claims that

if construction is not started

this spring,

it will lose the necessary HUD commitments.

This would deprive the eligible families

in the Alorton area

of badly needed “decent affordable housing”.

The project

will increase the amount of available area rental units by

20

and will double the number of subsidized rental units.

In addition an initial investment of $150,000,

anticipated

fees of

$1,600,000,

a return

on equity of $1,313,000,

tax

benefits of $5,900,000,

local tax revenues of $1,600,000 and

$28,000,000 in housing assistance payments will be foregone.

Petitioner estimates

that the

project will have an indirect

economic impact on the community of

4 to

5 times the

construction cost

($6,400,000).

This economic impact

is

considered

essential for the future

survival of the area.

The Agency has confirmed that the Cahokia treatment

plant has adequate capacity to handle the project~s

wastewater.

This plant will be replaced by a regional plant

in nearby Sauget which should be completed by June,

1983.

The Agency describes the sewers tributary to the Cahokia

plant

as

“severely distressed” with local subsidence and

collapse in some

instances.

Leakage

is causing sewage to

back up in homes during wet weather.

Raw sewage

is being

discharged to local drainage channels

in dry weather.

The

system

is expected to be rehabilitated by the time

Petitioner’s project

is ready for occupancy.

The Agency has

described the proposed car wash as “non—essential” and has

asked that its use be prohibited until the sewer

improvements are completed.

Once the sewer improvements are

finished,

the Cahokia treatment plant

is scheduled for

removal from the restricted status

list.

Denial of this variance would constitute arbitrary or

unreasonable hardship on Petitioner.

Planning for the

project preceded

the imposition

of restricted status.

The

project can reasonably be expected to have a significant

beneficial impact on a depressed area.

Since the project

will have negligible adverse impact,

if

any, on the sanitary

conditions in the

area and will

probably result in healthier

conditions for

its residents,

it should not be jeopardized.

The Board agrees that the proposed car wash should not be

operated

until the

receiving sewers have received the sorely

needed improvements.

This Opinion constitutes the Board’s

findings of fact

and

conclusions

of law

in this matter.

ORDER

It

is

the Order of the Pollution Control Board that

Petitioner be granted a variance from Rule 962(A)

of Chapter

3: Water

Pollution of the Board’s Rules and Regulations

33—128

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—

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subject to the following conditions:

1)

Petitioner shall obtain all necessary Agency

construction and operating permits.

2)

Petitioner shall be prohibited from allowing use

of the proposed car wash until the Cahokia sewer

system rehabilitation project

is completed and the

Cahokia sewage treatment plant is removed from

restricted status by the Agency.

3)

Within 45 days of the date of this Order.

Petitioner shall execute a Certification of

Acceptance and Agreement to be bound by the terms

of this variance. This 45 day period shall be held

in abeyance

if this matter

is appealed.

The

Certification shall be forwarded to the Illinois

Environmental Protection Agency, Variance Unit,

2200 Churchill Road,

Springfield, Illinois

62706

and shall read

as follows:

CERTIFICATION

I

(We),

having read and fully understanding the Order

in PCB 79-27,

hereby accept that Order and agree to be bound by all of its

terms and conditions.

SIGNED ______________________

TITLE _______________________

DATE __________________________

I, Christan L.

Moffett,

Clerk of the Illinois Pollution

Control §oard,

hereby certify the above Order was adopted on

the

__________________

day of

________________,

1979 by

avoteof

.~-o

.

Christan L. Moff

,

Clerk

Illinois Polluti

Control Board

33—129