ILLINOIS POLLUTION CONTROL BOARD
    November
    15,
    1979
    VILLAGE OF ROUND LAKE PARK,
    Petitioner,
    v.
    )
    PCB 79—178
    ENVIORNMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Petitioner has requested a variance from Rule 402 with
    respect to dissolved oxygen and Rule 404
    (f)
    of Chapter
    3:
    Water Pollution.
    The Agency has recommended that a variance
    be granted subject to conditions.
    No hearing was held.
    Petitioner is located in northwest Lake County.
    Present
    sanitary wastes
    are discharged into the Northwest Regional
    Interceptor which eventually discharges into the Chain
    O’Lakes tributary to
    the Fox River.
    An Annexation Agreement
    between Petitioner and Unity Ventures,
    Inc. was entered into
    on August
    25,
    1976.
    The property annexed, approximately 610
    acres,
    is zoned for single—family residential, multi—family,
    commercial and industrial purposes.
    Petitioner originally
    had an agreement with Lake County in which the County was to
    construct an interceptor and trunk
    sewer to transport Petitioner’s
    sewage to a new regional treatment plant to be constructed
    by the Village of Fox Lake.
    Should the County be unable to
    provide sewage treatment facilities to the areas annexed by
    Petitioner,
    it was agreed that construction of sewage treatment
    facilities within the area not serviced was to be allowed.
    Petitioner and Unity Ventures,
    Inc. have been unable to
    obtain sanitary sewage treatment
    in either the Northwest or
    North Central
    sewer systems operated by Lake County.
    Petitioner proposes
    to construct a new sewage treatment
    plant which it will own and operate.
    The plant would discharge
    into an unnamed tributary which eventually leads to the Des
    Plaines River.
    Necessary additional piping and buildings
    will be constructed when the initial
    stage is built should
    expansion be required.
    Petitioner relies on Village of Bloomingdale v.
    EPA,
    PCB 78-124,
    31 PCB 125,
    October
    19, 1978 contending that had
    the proposed sewage treatment plant been in existence at the
    time Bloomingdale was decided
    it too would have been granted
    a variance from Rules
    402 and 404
    (f).
    Petitioner has
    indicated that it can meet the
    10 mg/l BOD5 and
    12 mg/i
    36—133

    —2—
    suspended solids effluent limitations which were applied to
    the majority of dischargers in Bloomingdale.
    Petitioner also
    states that the discharge from this system will have no
    negative impact upon the receiving streams and that the
    streams will
    he able to support aquatic
    life.
    Without the variance,
    it is claimed that the Petitioner
    and Unity Ventures, Inc. will suffer substantial hardship.
    The area to be serviced by the plant has been designated as
    financially distressed.
    It
    is alleged that construction of
    the proposed plant would spur development in the area and
    help alleviate current socio—economic problems in the village.
    Revenues and commercial—industrial development would accrue
    to the benefit of the community.
    The Board concludes that denial of a variance would
    constitute arbitrary or unreasonable hardship.
    The relief
    sought by Petitioner
    is identical to the relief granted by
    the Board in Bloomingdale.
    The reasoning in that case must
    be employed in this matter to avoid inequitable results.
    Relief will also be granted from Rules
    902
    (i)
    (1),
    910
    (a)
    (4)
    and
    910
    (b)
    so that the Agency may issue a NPDES permit
    to Petitioner.
    Rather than grant relief for five years as
    Petitioner has requested,
    the Board will limit the variance
    to the same terms as Bloomingdale for consistency.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    1).
    Petitioner is hereby granted a variance from Rules
    203
    (d)
    and 402
    (as
    it pertains to dissolved oxygen),
    902
    (i)
    (1),
    910
    (a)
    (4) and
    910
    (b)
    of Chapter
    3:
    Water
    Pollution,
    until October 19,
    1983.
    2).
    Petitioner is hereby granted a variance from Rule 404
    (f)
    of Chapter
    3:
    Water Pollution until October
    19,
    1983 or until
    the Board takes final action in R77—12,
    Docket
    C, whichever occurs first.
    3).
    During the term of this variance the discharge of
    treated sewage from Petitioner’s facilities
    shall be
    limited to 10 mg/i BOD
    and 12 mg/l suspended solids
    as 30 day averages.
    4).
    The Agency is hereby authorized to issue a NPDES permit
    to Petitioner in a manner consistent with the terms of
    this Order including terms and conditions consistent
    with best practicable treatment,
    operation and maintenance
    of Petitioner’s facilities.
    36—134

    —3—
    5).
    Within
    45 days
    of the date of this Order, Petitioner
    shall execute a Certification of acceptance and agreement
    to be bound by all
    the terms and conditions of this
    variance.
    The Certification shall
    be forwarded to the
    Illinois Environmental Protection Agency, Division of
    Water Pollution Control, Variance Section,
    2200 Churchill
    Road,
    Springfield, Illinois 62706.
    This
    45 day period
    shall be held in abeyance if this matter is appealed.
    The form of the Certification shall read as follows:
    CERTIFICATION
    I,
    (We), _______________________________, having
    read and fully understanding the Order in 79—178 hereby
    accept that Order and agree to be bound by all of its terms
    and conditions.
    SIGNED ___________________________
    TITLE
    __________________________
    DATE
    ___________________________
    IT IS
    SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, here~y,~
    certify the above Opinio
    and
    Order were
    adopted on the
    ____________________
    day of
    _________________
    1979 by a vote of
    ~./-O
    Christan
    L. Moff ~t~#~)
    Clerk
    Illinois Pollutio~ontrol Board
    36—135

    Back to top