ILLINOIS POLLUTION CONTROL BOARD

May 26, 1977

TRUST #182,

CRAWFORD

COUNTY STATE

)

BANK, ROBINSON,

ILLINOIS,

(FAIR—

FIELD LAMPLIGHT

MANOR

APARTMENT

COMPLEX),

and CITY OF FAIRFIELD,

Petitioners,

v.

)

PCB 76—324

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr.

Zeitlin):

Petition for Variance

was

originally filed on behalf of Trust

#182, Crawford County State Bank,

(Lamplight Manor),

on December

27,

1976.

On January

6,

1977,

this Board entered an Interim Order

requiring additional information on the Petition, which information

was filed on January

20,

1977,

in an Amended Petition.

Pursuant to a formal Objection filed by the Environmental

Protection Agency

(Agency)

on February

1,

1977,

the Board ordered

the matter set for hearing.

On March 17,

1977, the Board entered

an additional Interim Order granting the Agency’s motion to join

the City of Fairfield,

Illinois

(Fairfield), as a necessary party.

(Without the Board’s knowledge,

the City of Fairfield’s City Council

passed

a resolution on March

8,

1977, expressing Fairfield’s intent

to become a party to the matter,

R.

35.)

The Agency’s Recommendation was filed with the Board on

March

3,

1977.

A hearing was held

in Fairfield on March

23,

1977.

Certain difficulties

with

that hearinq, subsequently resolved, are

detailed

in an Interim Order of the Board dated April

28,

1977.

The Petition and Amended Petition in this matter seek variance

from Rule 962 of Chapter

3: Water Pollution,

to allow the construction

and connection of sewers to serve a proposed 24—unit apartment

complex

(Fairfield Lamplight Manor)

tributary to Fairfield’s sanitary

sewer system.

Fairfield is presently on Restricted Status due to

overloading

(organic and hydraulic)

of its sewage treatment plant.

The Fairfield sewage treatment plant

(STP)

has a design capacity

of approximately

.6 mgd,

(R.

44).

The plant is currently receiving

dry weather flows of approximately .75 mgd,

to which the Petitioners

propose to add an additional load of 7,200 gpd.

It

is estimated

that the population of the apartment complex will be

72 individuals.

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The Agency originally recommended that the requested Variance

be denied, based on allegations that Fairfield had not proceeded

expeditiously in its attempts

to obtain grant funding for

STP

upgrading, and that the existing STP was being improperly operated.

The Agency also alleged that Fairfield did not employ a required

certified STP operator, and that necessary reports were not being

submitted.

Testimony presented by the Petitioner indicated that Fairfield

has now employed

a certified STP operator,

(R.

51-60), and that the

necessary reports will be submitted as soon as the necessary labora-

tory equipment (already ordered) has been received.

Fairfield has continued with its attempts

to obtain grant funding

and

is now at the point of submitting a facilities plan to the Agency,

(R. 34).

An infiltration inflow analysis has already been submitted,

and a sewer system evaluation survey is being conducted,

(id.).

The Agency’s Recommendation indicated that if Fairfield were

to proceed expeditiously,

and significant changes were not made to

the City’s plans,

it would be possible for the Fairfield STP to be

upgraded within 18 months to two years,

(Rec.,

¶9).

Fairfield has

estimated that construction will be completed and the STP will be

operational in “early 1979,”

(R.

44).

Petitioner’s consultant testified that Petitioner proceeded

in good faith in its attempt to comply with all requirements, state

and local, concerning the proposed apartment complex.

Petitioner

obtained all necessary zoning changes and local approval for the

project by early 1976,

and obtained funding from the Farmers’ Home

Administration 1975—1976 budget.

Petitioner did not learn of Fair-

field’s Restricted Status until July,

1976,

(R.

10).

Petitioner

had by that time made significant financial commitments.

Petitioner presented several witnesses,

including the mayor of

Fairfield,

to testify as to the need for such housing

in the Fairfield

area,

(B.

51, et seq.).

Those witnesses testified that there

is

a

significant housing shortage in

the

area, due

in

part

Lo

the

dilapi-

dated condition of existing housing.

The witnesses alleged that

the additional load upon the Fairfield STP resulting from this

complex would be minimized,

as many residents will probably relocate

from existing housing within the city.

At the conclusion of the March

23,

1977, hearing,

the Agency

recommended that the requested variance be granted.

The Agency’s

Recommendation was based on the acceptance

--

by Fairfield

——

of

all conditions set forth in the Agency’s original Recommendation.

The Agency also noted

that Fairfield is proceeding to correct

existing deficiencies at the present STP, and that the City’s

timetable for construction of the new facility does not appear

unreasonable.

25

—

574

---

Weighing the potential hardship to Petitioner,

along with the

unchallenged allegations concerning

the need for additional housing

in the Fairfield area, against

a maximum potential increase

in STP

loading of less than one percent,

for a period of two years or

less,

we feel that a Variance is warranted in this situation.

Inasmuch

as the City of Fairfield

(as a party Petitioner)

has agreed to all

conditions

suggested by the Agency,

we shall incorporate those

conditions

in our Order.

We shall also require submission of a

standard certification form.

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 Petitioner

Trust

#182, Crawford County State Bank,

Robinson, Illinois, and

Petitioner City of Fairfield,

Illinois,

be granted Variance from

Rule 962 of Chapter

3: Water Pollution,

to allow the construction

and connection

of sewer extensions and related facilities

to serve

a 24-unit apartment complex known as the Fairfield Lamplight Manor,

such Variance being conditioned upon compliance with the following:

A.

Petitioner City of Fairfield shall improve operation

and maintenance at its existing sewage treatment

plant to provide optimum operating efficiency with

existing treatment facilities;

B.

Bypassing of the existing sewage treatment plant

shall be minimized;

C.

A properly certified operator shall

be retained;

all required monitoring reports shall

be filed with

Respondent Environmental Protection Agency;

D.

Chlorination

facilities

shall

be installed at

Lhe

existing

sewa(~etreatment

planL, or

a Variance

from

such

requirement shall

he obtained in a timely

fashion.;

E.

Petitioner City of Fairfield shall diligently perform

all actions required for construction grant funding

to upgrade existing sewage treatment facilities; and,

F.

Petitioners shall each,

within thirty

(30) days of

the date of this Order, execute and forward to the

Environmental Protection Agency, Control Program

Coordinator,

2200 Churchill Road,

Springfield,

Illinois 62706,

a Certificate of Acceptance in the

following form:

25

—

575

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CERTIFICATE OF ACCEPTANCE

I,

(We), ________________________

having read

the Order of the Illinois Pollution Control Board in

case No. PCB 76-324,

understand and accept said Order,

realizing that such acceptance renders all terms and

conditions thereto binding and enforceable.

Mr. James Young dissented.

SIGNED

TITLE

DATE

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control

Board, hereby certify the above Opinion and Order we~e

adopted on the

~U~-

day of

,

1977,

by a vote of

•‘I—/

Illinois Pollution

ol Board

25

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