ILLINOIS
    POLLUTION CONTROL BOARD
    April 27,
    1978
    CENTER COURT GARDENS LIMITED
    PARTNERSHIP,
    Petitioner,
    PCB 78—47
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Werner):
    This matter comes before the Board on a Variance Petition
    filed on February 16, 1978 by the Center Court Gardens Limited
    Partnership requesting relief from Rule 602(a)
    of the Board’s
    Water Pollution Regulations which prohibits the installation of
    new combined sewers.
    The Petitioner waived hearing on
    February 16,
    1978.
    On March 16,
    1978,
    the Agency filed a
    Recommendation in favor of granting the requested variance.
    The Petitioner
    is seeking the variance in order to construct
    and operate a combined sewer system which would serve a proposed
    residential apartment complex of 293 units
    in 14 buildings
    located on an 8-acre tract bounded by Ashland Boulevard,
    Congress
    Parkway, Loomis Street, and Harrison Street in Chicago.
    The area
    surrounding the site is an existing inner-city residential
    neighborhood of apartment buildings and townhouses.
    When fully
    occupied,
    the 293 units will provide housing for about 450 people.
    This area
    is currently served by a system of combined sewers
    wh~ch
    are
    trIhu
    tary
    Lo
    thO
    We~t—SouLhwe~
    t
    SeW~~je
    Tr(~a
    t:men t:
    Plant
    of
    tue
    MeLropo
    I
    itan
    San itciry
    J)is Lr juL
    of
    (rua
    Ler
    Ch ~c~iqo
    .
    This
    sewer
    sysLeln
    has
    adequate
    capacity
    to
    serve
    Lhe
    aparLmcnt
    projecL
    and
    there
    are
    no
    unusual
    flooding
    or
    basement
    backup
    problems
    in
    the
    area.
    (Rec,,
    p.2).
    On December 15,
    1977,
    the Agency issued a Water Pollution
    Control Permit for the project which contained “Special
    Condition
    2” requiring that “storm water and sanitary sewage
    shall be discharged separately into the existing combined sewer.”
    3O~
    III
    Compliance with this requirement for separate storm and
    sanitary sewers would necessitate the addition of
    4 extra storm
    sewers
    (having a total length of approximately 1,750 linear
    feet)
    at an estimated cost of $25,000.00.
    The expense of constructing
    a separate sewer system for the apartment complex would serve no
    useful purpose,
    since the flows would eventually discharge into
    the combined system which flows into the West-Southwest Sewage
    Treatment Plant.
    Moreover, the City of Chicago has no existing separate storm
    and sanitary sewers in this area, nor are there any separate
    sewers planned for the future.
    Ultimate compliance with
    Rule 602(a) will be achieved by the construction of the Metropolitan
    Sanitary District of Greater Chicago Tunnel and Reservoir Project.
    In fact,
    in regulatory proposal R77-12, the Agency has suggested
    an amendment to Rule 602(a) which,
    if adopted, will obviate the
    need for a variance for projects such as the one proposed by the
    Center Court Gardens Limited Partnership.
    In similar cases, the Board has recognized that denial of
    the requested relief would impose an arbitrary and unreasonable
    hardship in light of the minimal environmental impact and
    countervailing costs of compliance.
    Mary Ann Nowak
    v.
    EPA,
    PCB 76-193
    (November
    10,
    1976); City of Calumetv.
    EPA,
    PCB 76-318
    (February
    3,
    1977);
    Near North Development Corporation
    v.
    EPA,
    PCB 77-78
    (May 26,
    1977);
    Harry Weese and Associates
    v.
    EPA,
    PCB 77-140
    (August
    4,
    1977);
    Orchard and Vine Corporation
    v. EPA,
    PCB 77-65
    (May 26,
    1977);
    and Crane Construction Company v.
    EPA,
    PCB 77—265
    (November 19~ 1977).
    According,
    the Board finds that the Petitioner would suffer
    an arbitrary and unreasonable hardship
    if required to meet the
    requirements of Rule 602(a), and we shall therefore grant the
    requested variance.
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board
    in this matter.
    ORDER
    It is the Order of the Pollution Control Board that the
    Center Court Gardens Limited Partnership be granted a variance
    from the requirements of Rule 602(a)
    of Chapter
    3:
    Water
    Pollution Rules and Regulations.
    —3—
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby certify the above Opinion and Order were
    adopted on the
    ,.)1+’
    day of
    ______________,
    1978 by
    a
    vote of
    $~r~
    Illinois
    trol Board
    3O-~3

    Back to top