ILLINOIS POLLUTION CONTROL BOARD
    August
    24,
    1978
    L.
    R.
    S7ALKER,
    D.D.S.
    and
    ROBERT H.
    NELSON,
    D.D.S.,
    )
    Petitioners,
    V.
    )
    PCB 78—159
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by
    Mr.
    Young):
    This
    matter comes before the Poard on a Petition filed
    on May 31,
    1978, by L. R. Walker, D.D.S. and Robert H. Nelson,
    D.D.S.
    for a variance from the relevant provisions of the
    Stipulation and Proposal for Settlement incorporated into an
    Order by this Board on March
    2,
    1978, which prevents Petitioners
    from connecting with the
    sewer system of the Round Lake Sanitary
    District
    (District).
    The Environmental Protection Agency
    (Agency)
    filed a Recommendation on July 21, 1978,
    in favor of granting
    the requested relief provided that Petitioners adhere to certain
    conditions.
    No hearing was held in this matter; hearing was
    waived by the Petitioner.
    Petitioners are licensed Dentists who have purchased an
    unimproved parcel of land in the Village of Round Lake for
    purposes of constructing a structure containing 2,500 square
    feet of office
    space and a parking lot to accommodate approxi-
    mately 22 cars
    (Pet.
    2, Exh. A).
    The Petitioners estimate that
    the offices will discharge only 700 gallons per month consisting
    of occasional non—sewage discharges from the main holding tank
    of their vacuum storage system and sewage from two toilettes in
    the proposed structure
    (Pet.
    2,
    3).
    On March
    2, 1978, this Board in a consolidated proceeding,
    PCB 75-33 and PCB 75—65,
    found the District in violation of
    various water pollution regulations.
    Specifically, the District
    was found to exceed the effluent quality limitations of Rule
    402, the BOD5/SS requirements of Rule 404(f), the phosphorus
    effluent limitation of Rule 407(b)
    and for operating the treat-
    ment facility without a permit
    in violation of Rule 952
    in
    Chapter
    3:
    Water Pollution Rules.
    In addition,
    the Board incor-
    porated provisions of paragraph 23(d)
    in Stipulation and Proposal
    for Settlement which prohibited the District from connecting any
    multiple family dwelling or commercial structure without
    a
    specific variance from the
    Board
    (Pet.
    2, Rec.
    2).
    31—295

    —2—
    The Agency recommends that Petitioners’ request be granted
    as a specific exception to the Stipulation and Proposal for
    Settlement incorporated into the March
    2, 1978,
    Board Order.
    This favorable recommendation is made in spite of the discharge
    monitoring reports and Agency grab samples which indicate that
    the treatment facility handles loadings well beyond its 1.6 MGD
    design capacity, that the BOD5/SS concentrations are in excess
    of the District’s 20/25 mg/i NPDES permit limitations, and the
    discharge from the treatment plant is
    in continual violation of
    the applicable ammonia nitrogen and phosphorus effluent iirnità-
    tions
    (Rec.
    2,
    3).
    The Agency does not recommend expansion
    or improvements for this facility especially since the Round
    Lake treatment facility
    is scheduled to he abandoned upon com-
    pletion of theFox Lake Regional Treatment Plant at the end of
    December,
    1979
    (Rec.
    3).
    The Agency also notes that the Petitioners had purchased
    this unimproved parcel and had terminated the existing lease
    for their dental clinic
    in Round Lake prior to the Board Order
    on March
    2,
    1978.
    The Petitioners claim that denial of a
    variance would pre—empt their intentions to practice in Round
    Lake and force its citizens to seek dental services elsewhere
    to the possible detriment of health in the community (Pet.
    3,
    4,
    Rec.
    3).
    While it is not the usual practice for this Board to place
    added burdens on an overloaded treatment facility, the Board
    recognizes that the hardships in this case facing the Petitioners
    and the people of Round Lake significantly outweigh any potential
    impact from a de minimis monthly increase of
    700 gallons to the
    Round Lake fac~1ity.
    Petitioner will be granted a variance
    from the relevant provisions of paragraph 23(d)
    in the Stipula-
    tion and Proposal for Settlement incorporated into the Board
    decision in PCB 75-33 and 75-65
    (consolidated)
    to allow connection
    of all plumbing fixtures described in this Petition to the sewer
    tributary to the Round Lake treatment plant.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Petitioners,
    L.
    P~. Walker,
    D.D.S.
    and Robert H.
    Nelson,
    D.D.S., are hereby granted a variance from the provisions of
    paragraph 23(d)
    of the Stipulation and Proposal for Settlement
    incorporated into an Order issued by the Board
    in EPA
    v.
    Round
    Lake Sanitary District, PCB 75—33 and 75—65
    (consolidated) (March
    2,
    1978)
    subject to the following conditions:
    31—296

    —3—
    (a)
    Petitioners shall connect only those fixtures
    described in the Petition which includes the
    two toilettes,
    any accompanying fixtures and
    the main holding tank to the vacuum storage
    system and discharge from those fixtures
    shall not exceed 700 gallons per month.
    (b)
    The Order
    in PCB 75-33 and 75-G5
    (consolidated)
    shall remain in full force and effect.
    2.
    c’ithin forty-five
    (45)
    days of the date of this Order,
    the Petitioners shall submit to the Manager, Variance Section,
    Division of Water Pollution Control, Illinois Environmental
    Protection Agency,
    2200 Churchill Road,
    Springfield, Illinois,
    62706, an executed Certification of Acceptance and Agreement
    to be bound to all terms and conditions of the variance.
    The
    forty-five day period herein shall
    be suspended in the event
    of judicial review of this variance pursuant to Section 41 of
    the Environmental Protection Act.
    The form of said certification
    shall be as follows:
    CERTIFICATION
    I,
    (We), __________________________
    having read
    the Order of the Pollution Control Board in PCB 78-159,
    understand and accept said Order, realizing that such
    acceptance renders all terms and conditions thereto
    binding and enforceable.
    SIGNED
    TITLE
    DATE
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the abov
    Opinion and Order were
    adopted qn the
    ~?4~-
    day of
    ___________________,
    1978 by
    a
    vote of
    _____.
    Christan L. Mo fet ,~‘~lerk
    Illinois Pollution ~ntrol
    Board
    31—297

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