ILLINOIS POLLUTION CONTROL BOARD

October 19,

1978

WILLOWBROOK UTILITY COMPANY,

)

)

Petitioner,

v.

)

PCB 78—194

ENVIRONMENTAL PROTECTION AGENCY,

)

)

Respondent.

OPINION

AND

O!WER OF

THE

BOARD

(by Mr. Durnelle):

Petitioner

is requesting a variance from the requir~ments

of Rule 962(a)

of Chapter

3:

Water Pollution of the Board’s

Rules and Regulations.

The Agency has recommended that the request

be granted subject to certain conditions.

No hearing was held.

Petitioner operates a sewage treatment plant which serves

a group of subdivisions in eastern Will County.

The plant con-

sists of two package plants which have the total hydraulic capacity

to treat 160,000 gallons per day.

This hydraulic capacity trans-

lates to a design capacity of 1600 population equivalents

(P.E.).

The

Agency has recently issued Petitioner a “construct only” permit

for an additional 676 P.E.

In a condition to this permit the Agency

indicated that no operating permit would be issued for this sewer

extension until additional capacity is added to the treatment

plant.

Petitioner admits that this extension will enable the

plant to exceed its design capacity by 556 P.E. but feels that it

should not be restricted at this time since the average flow is only

36,000 gallons per day.

Petitioner is asking that connections

to its treatment plant be limited by actual loadings rather than

permitted loadings.

Petitioner is not seeking a variance from any of the

Board’s water quality or effluent standards.

Rather Petitioner

is seeking a variance from the Agency’s guidelines which provide

that unused capacity shall be determined by examining previously

permitted loadings.

These Agency guidelines become Board standards

by virtue of Rule 962 making relief in the form of a variance

necessary.

Petitioner plans to initiate construction of a “Second

Addition” to its treatment plant when the present plant reaches

90

capacity.

This is not expected to occur until

1986.

In the

meantime Petitioner proposes to make quarterly reports to the

Agency on the number of new service connections and to set up an

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—2—

escrow account of approximately $450,000. to finance the necessary

construction.

The Board finds that the circumstances of this case merit

special attention.

Petitioner’s treatment plant receives only

sanitary sewage and no industrial or commercial wastes.

Homes are

constructed individually.

Consequently, the loading can be pre-

dicted accurately.

Denial of a variance in this instance would

require Petitioner to construct additions to its treatment plant

which might not be used for eight years or to build on only those

lots which have permitted sewer service.

Either alternative would

impose economic hardship without any resulting environmental improve-

ment.

This imbalance renders the hardship arbitrary and unreasonable.

The Board finds that the quarterly reporting form attached

as Exhibit C is sufficient to inform the Agency of development

of subdivisions.

The escrow agreement attached as Exhibit D is

sufficient to insure that necessary construction will be financed.

The Agency’s request to be advised annually of the escrow balance

is reasonable.

Since this variance is limited to a term of five

years by Section 36(b)

of the Act and no sewage plant or inter-

ceptor construction is contemplated for eight years, a

firm

time-

table for compliance can be addressed in a future proceeding.

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 the requirements of Rule 962

of Chapter

3: Water Pollution of the Board’s Rules and Regulations

until September 30,

1983 subject to the following conditions:

1)

Petitioner shall submit quarterly reports to the Agency

in the form attached as Exhibit C to Petitioner’s response.

2)

Within

30 days of the date of this Order, Petitioner

shall submit a copy of an executed escrow agreement

to the Agency in the form attached as Exhibit D to

Petitioner’ s response.

3)

On July

1 of each year until the termination of the

escrow agreement Petitioner shall submit a report of

the escrow balance certified by the escrow agent.

4)

All reports and documents referenced in conditions 1-3

shall be sent to Manager, Permits Section, Division of

Water Pollution Control, Illinois Environmental Protec-

tion Agency,

2200 Churchill Road,

Springfield,

Illinois,

62706.

31—690

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—3—

5)

If, during the term of this variance, the loading

on Petitioner’s sewage treatment plant reaches 90

of its actual capacity, Petitioner shall initiate con-

struction, after receipt of the necessary Agency per-

mits,

of a second addition to its plant or of an inter-

ceptor sewer to connect its collection system to an

areawide waste treatment facility.

6)

Within 45 days of the date of this Order, Petitioner

shall execute and forward to Manager, Enforcement Programs,

Illinois Environmental Protection Agency,

2200 Churchill

Road,

Springfield, Illinois 62706 a Certificate of

Acceptance and Agreement to be bound to all of the terms

and conditions of this variance.

This

45 day period

shall be held in abeyance during any period this matter

is being appealed.

The form of the Certificate shall

read as follows:

CERTIFICATION

I

(We),

having

read and fully understanding the Order of the Illinois

Pollution Control Board in PCB 78—194 hereby accept

that Order and agree

to be bound to all of its terms and

conditions.

SIGNED

__________________________

TITLE

_____________________________

DATE

__________________________

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

herebyk certify the above Opinio

nd Order were

adopted on the

/4

T’

day of

________________,

1978

by a vote of

g...c~

Illinois Pollution

itrol Board