ILLINOIS POLLUTION CONTROL BOARD

May 10,

1979

CITY OF MONMOUTH,

Petitioner,

v,

)

PCB 79—36

ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

OPINION

AND ORDER OF

THE BOARD

(by Dr. Satchell):

This

matter comes before the Board on a variance peti-

tion

filed

by the City of Monmouth (Monmouth)

seeking relief

from Chapter

3,

Board Rule 962(a).

Petitioner seeks to ex-

tend sewer mains to provide service to include existing

homes inside the city which presently use septic tanks and

future homes

to be built

in the area to be served.

The

Environmental Protection Agency

(Agency) recommended that

the variance be granted with conditions.

Petitioner has

waived its right

to a hearing and filed no response to

Agency~srecommendation.

This Opinion

is based on the

facts

alleged

in

the petition and the Agency’s recommendation.

On

April

6,

1979 the Agency filed a related enforcement action,

~

Monmouth, PCB 79-79.

Monmouth is on the Agency~sCritical Review List of

sewer systems approaching hydraulic capacity or design capa-

city.

On January 15,

1979 it was reported to have 217 PE of

remaining capacity.

The recommendation alleges that the

city

sewage

treatment plant has

a design capacity of 1.4

MGD,

Approximately

1 MGD is bypassed into Markham Creek.

No facts are before the Board concerning the strength and

nature of this discharge,

Under the circumstances, any

additional

load on the system will be bypassed directly into

Markham Creek,

The pleadings contain no assessment of the

environmental impact of this existing or proposed discharge.

Markham Creek was, however, classified by the Agency in 1974

as semi—polluted both upstream and downstream from Monmouth.

(Recommendation, ¶13)

It is assumed that the proposed

hook-ons will result in a simple increase in the quantity

discharged but will not result in a new and different kind

of pollution.

Monmouth is in the process of constructing a new storm

sewer which it claims will reduce the flow in the existing

33—467

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—2—

combined sewer,

Petitioner alleges that this will

be comple-

ted in the summer of 1979.

However,

the Agency claims that

this will not eliminate the discharges

since the bypassing

occurs even in dry weather.

Monmouth

is

in the facilities

planning stage of the Municipal Wastewater Treatment Works

Construction Grant Program.

It

is alleged that the bypass

will be eliminated by the fall of 1981 when a new sewage

treatment plant

is operational.

Monmouth seeks in this variance to build a force main

pumping station and 10,535 feet of new sanitary sewer.

The

addition will be in two sections along Park-Way Manor and

East Second Avenue.

There are twenty-five existing houses in

the area which are now on septic tanks.

Reports cite clay

and groundwater as

intetfering with septic drain fields.

The city health officer reported four septic tanks which dis-

charge into the streets during heavy rain.

(Pet.

Ex.

2)

The Illinois Department of Public Health has confirmed that

there

are

homes with septic tank problems.

The Petition

includes evidence that a public health hazard exists.

Petitioner cites several hardships:

the money is pres-

ently available for construction of the sewers and costs are

escalating; the septic tank situation poses a health hazard;

the cost of constructing adequate individual septic systems

is too great considering that they will be unneeded in only

two years; and the city needs more sewers to grow.

This last

hardship

is not arbitrary or unreasonable.

Accordingly,

the

variance must be denied with respect to any new construction

which will increase the sewage treatment plant loading.

The septic systems which post an immediate health hazard

must be remedied as soon as possible.

The Board finds that

requiring further upgrading of individual sewage systems

would impose an arbitrary and unreasonable hardship,

in light

of the expected completion of the upgrading of the sewage

treatment plant in two years.

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 the

City of Monmouth is granted a variance from Rule 962(a) of

Chapter 3 until December 31,

1981,

or until its improved

sewage treatment plant is operational, whichever occurs first,

upon the following conditions:

a.

Monmouth shall complete its storm sewer project

before connecting any homes

to its new sanitary

sewers,

33—468

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—3—

b.

Within forty—five days

of the grant of this

variance, Monmouth shall

submit

to the Agency a

list of all homes existing at this time in the

area to be served by the new sewers,

and shall

indicate which have been confirmed as being hazar-

dous

to health by the Illinois Public Health

Department.

c.

Monmouth shall connect only those homes existing

at the time this variance is granted with septic

tank problems which are confirmed as being hazar-

dous to health by the Illinois Public Health

Deaprtment.

d,

Within forty-five days of the date of this Order,

Petitioner

shall execute and forward to the Illinois

Environmental Protection Agency, Variance Section,

2200 Churchill Road,

Springfield, Illinois

62706,

a Certification of Acceptance and Agreement to be

bound to all terms and conditions

of this variance.

This forty-five day period shall be held in abey-

ance for any period this matter

is being appealed.

The form of the Certification shall be as follows:

CERTIFICATION

I

(We),

________________,

having read and fully under-

standing the Order in PCB 79-36,

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 Board,

herflby certify the above Opinion and Order were

adopted on the

JeJ~

day of

________________,

1979 by a vote

of

...~-O

Christan L, Moffet

,~4erk

Illinois Pollution

óñtrol Board

33—46

9