ILLINOIS POLLUTION CONTROL BOARD
July 31, 1986
ARLINGTON PARK RACETRACK,
Petitioner,
v.
)
PCB 86—117
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by
3.
D.
Dumelle):
This provisional variance request comes before the Board
upon
a July 31,
1986 Recommendation of the Illinois Environmental
Protection Agency
(Agency).
On July 31, 1986,
the Respondent
filed
a Motion
to Supplement
the Agency Recommendation which
is
hereby granted.
The Agency recommends that
a 45—day provisional
variance be granted
to the Petitioner
to allow surface drainage
from the stable area of the Arlington Park Racetrack and
to
relieve
it from the requirement
of its permit implementation
schedule.
The Arlington Park Racetrack, which was virtually destroyed
by fire on July 31, 1985,
is
a well—known horse racing facility
located
on
a site northwest of the intersection of Wilke Road and
Euclid Street
in Arlington Heights, Illinois.
(Pet.
1).
The
Petitioner discharges sanitary wastes
to the Metropolitan
Sanitary District of Greater Chicago (MSDGC)
for
appropriate
treatment.
Solid animal waste
(i.e.,
horse manure) generated
in
the stable area
by the horses is removed from the premises by
a
private contractor.
(Pet.
1).
During
the racing season
in prior
years before the
tragic July,
1985 fire,
about 2,200 horses were
stabled
at
the Arlington Park Racetrack.
However, during
the
severely curtailed 1986 racing season, only about 1,200 horses
will use the Petitioner’s stables.
The Petitioner intends to
mitigate any adverse environmental impact of surface drainage
from its stable
areas
and has requested provisional variance
relief
“to allow stabling and racing of approximately 1,200
horses at1the site for the period
from August
1, 1986 to
September 30, 1986 inclusive.”
(Pet.
1).
On January 20, 1984,
the Arlington Park Racetrack was issued
NPDES Permit #1L0063487,
which authorized
the discharge
of
uncontaminated runoff
to Salt Creek,
a tributary of which passes
through the Petitioner’s property.
This NPDES Permit delineated
the criteria necessary
for
the Arlington Park Racetrack
to coniply
71-459
—2—
with
35
Ill. Adm. Code Subtitle E:
Agriculture—Related Pollution
and “required the permittee to construct and operate storm
sewers, manholes,
catch basins,
a holding pond, pump station,
and
land application area for
the holding pond effluent within
180 days of issuance of the permit.”
(Rec.
Supplement 1).
However,
the Agency has indicated that the perinittee was in
noncompliance with
its NPDES Permit on July 20, 1984.
Subsequently,
after
the tremendous fire which destroyed the
Petitioner’s racetrack during July, 1985,
the owners of
the
facility have been forced
to curtail their normal racing schedule
and have made “no decision regarding permanent racing
facilities”.
(Rec. Supplement 1).
At the present time,
the
owners of the facility “have not determined whether
it would
be
best
to remain and rebuild at the present site or
to relocate
to
another site.”
~Rec. 2).
In a letter
to the Agency dated July 24,
1986,
the
Petitioner requested
a provisional variance
“from
the
requirements,
special and standard conditions,
discharge
limitations and operating requirements”
of its NPDES Permit.
The
Agency believes that
“a variance from permit conditions cannot be
given” and indicates that “only relief from the underlying
regulations
is appropriate.”
(Rec.
Supplement
1;
Rec.
1).
Accordingly,
the Agency has
recommended that the Board
grant
the Petitioner
relief from the water
quality standards set forth
in
35 Ill. Adm. Code 302.203,
35 Ill. Adm. Code 302.206,
and
35
Ill.
Adin.
Code 302.209.
(Rec.
1;
Rec.
Supplement
1).
Additionally,
the Agency has recommended
that
the Board grant
the
Arlington Park Racetrack relief from the provisions of
35
Il~.
Adm. Code 502.106(d), which requires compliance with a permit
within 14 months of
the date of the permit issuance.
(Rec.
1;
Rec. Supplement
1).
Pertaining
to the recommended relief from
the requirements
of Section 502.106(d),
the Respondent
has
indicated that “it
is the Agency’s position that variance from
this provision relieves Arlington Park Racetrack from the
requirements of
its implementation schedule and that they will
then be able
to employ
the temporary measures described
in their
petition for
this year’s
shortened racing schedule.”
(Rec.
Supplement
1).
Moreover, the Agency has emphasized
that
the Petitioner has
a detailed program of specified actions to
significantly reduce any potentially adverse environmental impact
of any contaminated stormwater
runoff.
(Rec.
Supplement
2).
To help ascertain the appropriate course
of action as to
whether
to relocate
the another site or
to remain and rebuild
the
Arlington Park Racetrack facility, the Petitioner
plans
to hold
races during
the time period from August 19,
1986 to September
1,
1986.
(Rec.
2).
In order
to minimize any environmental impact
upon the receiving stream,
the Petitioner has plans
to implement
an extensive series of actions
to minimize any
impact of surface
drainage from the
stable areas
of its facility.
On pages two and
71-460
—3—
three
of
its letter
to the Agency dated July 24,
1986,
the
Petitioner has described
its compliance program as follows:
A number
of actions have been,
and will be,
taken
by the Arlington Park staff
to mitigate any impact
of
park operations on the Salt Creek water quality.
These
actions will continue until all horses have left the
stables
in September,
1986.
The following actions have
been,
and will
be, implemented
in order
to minimize any
adverse environmental impacts of park operations:
(a)
The number of horses stabled at the Park will be
reduced from the normally stabled number
of 2,200
during
the racing season
to 1,200 for the 1986
racing season;
(b)
The length of the racing season will
be reduced
from the approximate 120 day normal season
to only
two weeks for
the 1986 season
(August
19 through
September
1);
(c)
Barn number
2,
3,
4 and
5 which are located
adjacent
to Salt Creek will not be used
in the 1986
season.
Drainage from the barn area will continue
to receive chlorination prior
to discharge.
In
earlier years approximately BOO horses were stabled
in barn numbers
2,
3,
4
and
5.
Horses will
be
moved
to barns more remote from the creek
and
to
barns with unpaved perimeter areas in an effort
to
produce smaller quantities
of any runoff
to the
creek;
Cd)
The outlet from the lake in the center
of the track
has been plugged.
Lake level will
be controlled by
utilization of
the lake water
for on—site
irrigation of grass horse
tracks.
The irrigation
wil.
be carefully controlled
to
assure
it produces
no runoff;
(e)
A major housekeeping effort will
be undertaken at
the Park.
Ten park employees will work full—time
cleaning stable areas subject
to runoff.
The
assistance of trainers and other
horse personnel
have been,
and will be,
enlisted
in maintaining
park cleanliness.
The contractor for
removing
stable area waste will
be closely supervised
by
senior park staff.
The mechanical street cleaner
will be operated
at least
three times per day
(or
more,
if required)
to ensure cleanliness;
(f)
All chiorinators,
including those
for
unused
barns
2,
3,
4
and
5, will
be used during
the time
71-461
—4—
horses
are stabled
at the Park.
Chlorine
residuai
will be monitored and documented at each outfall;
(g)
Each catch basin will
be regularly pumped out to
ensure that space is available to capture
settleable debris;
(h)
In an effort
to reduce discharge of
suspended
solids at outfall 15B,
the existing clay road has
been paved.
Additional
solids at this location
will be captured by a rack filter
installed at the
drainage inlet.”
(Pet.
2—3).
Additionally,
the Petitioner has stressed that “drinking
water
is not impacted by or involved with this request for
a
provisional
variance.”
(Pet.
2).
Moreover,
the Petitioner has
indicated that:
Adverse
impacts
on Salt Creek will
be minimal,
if
any.
Some increase
in suspended solids and biochemical
oxygen demand with attendant reduction
in stream
dissolved oxygen levels may result from the discharge.
Levels of fecal coliforms
in the stream should be
improved and reduced due
to the chlorine residual
maintained
in discharges and
the use of chiorinators on
the site.”
(Pet.
2).
Accordingly,
the Petitioner has concluded
that “all
known
feasible methods of reducing or eliminating any adverse
impacts
on Salt Creek are being
implemented.”
(Pet.
4).
In support
of
its good faith efforts to protect the environment, the Petitioner
has
noted
that:
The Illinois Environmental Protection Agency
issued
a NPDES permit to Arlington Park Racetrack,
Ltd.
with
an expiration date of October
1, 1988.
At the time
of the fire
in July, 1985 that destroyed the Arlington
Park racetrack,
the applicant had been working with the
Agency and consultants with
the intention of commencing
construction between September 1985 and August
1986 of
extensive plans with
the objectives outlined
in the
attached July 30, 1985 letter
from Mr. James
A.
Zdeb of
McDonough Associates Inc.,
the racetrack’s engineers,
to
Mr.
S. Alan Keller, Manager
—
Watershed Unit,
Permit
Section, Division
of Water Pollution Control.”
(Pet.
4).
In
its
Recommendation,
the
Agency
has
supported
the
Petitioner’s
statements
in
reference
to
the
minimal
environmental
impact of operations and has concluded
that “in light of the
actions and precautions which
the Petitioner has outlined,
the
Agency expects any adverse environmental
impact
on
the
receiving
stream
to be minimal.”
(Rec.
2).
71-462
—5—
Arlington Park Racetrack’s compliance with
certain requirements
of its NPDES permit would impose on
it arbitrary and unreasonable hardship for
the following
reasons:
The racetrack was destroyed by fire in July,
1985 and the future of the racetrack at its present
location is undecided at this time;
the holding
of the
Arlington Million horserace and other prize races are
a
tradition that is known and popular locally, nationally
and world—wide;
substantial sums of money have been,
and
will
be, spent by the owners of Arlington Park
to stable
and race horses during the period August
1 through
September 30, 1986;
the stabling and racing of horses
in
August
and September
is significant
to the economic
welfare of
the State
of Illinois and the community and
businesses surrounding
the racetrack;
the numerous past
and present efforts made by Arlington Park
to reduce
and/or eliminate any environmental problems;
and the
lack of any harm to the environment or the public.”
(Pet.
2).
The Respondent concurs with the Petitioner’s viewpoint
pertaining
to the existence of an arbitrary or
unreasonable
hardship
if
the
requested relief were denied and states that “the
Agency agrees
that denial of Petitioner’s request would impose an
arbitrary and unreasonable hardship upon Petitioner due
to the
severely curtailed racing schedule and the losses realized due
to
the fire.”
(Rec.
2).
The Agency has also indicated that there are no Federal
regulations
that would preclude
the granting of the requested
provisional variance and
there are no public water supplies which
would be adversely affected by the granting of
the requested
relief.
(Rec.
2).
The Agency has
therefore concluded that compliance
on
a
short—term basis with the applicable standards would impose an
arbitrary or
unreasonable hardship upon the Arlington Park
Racetrack.
Accordingly,
the Agency has recommended that the
Board grant
the Petitioner
a provisional variance from 35
Ill.
Adin.
Code 302.203, 302.206, 302.209,
and 502.106(d),
subject
to
certain conditions.
Pursuant
to Section 35(b)
of the Illinois Environmental
Protection Act,
the Board will grant
the provisional variance as
recommended.
This Opinion constitutes
the Board’s findings of
fact and
conclusions
of law
in this matter.
71-463
—6—
ORDER
The Petitioner,
the Arlington Park Racetrack,
is hereby
granted a provisional variance from 35 Ill. Adm. Code 302.203,
302.206, 302.209,
and 502.106(d)
to allow surface drainage from
its stable
area,
su.bject to the following conditions:
1.
The provisional variance shall
commence on
August
1, 1986 and continue for 45 days through
September
14,
1986.
2.
The Petitioner
shall
implement and adhere
to the
actions outlined
in Item
8
of its variance petition
so as
to minimize the impact of any discharge
to
Salt
Creek.
3.
Within
10 days
of the date of
the Board’s Order,
the
Petitioner
shall
execute a Certification of
Acceptance
and
Agreement
which
shall
be
sent
to
Mr. James Frost of
the Agency at the following
address:
Mr. James Frost
Illinois Environmental Protection Agency
Division
of Water Pollution Control
2200 Churchill Road
Springfield, Illinois
62706
This certification shall
have the following form:
I,
(We), __________________________________,
having read
the
Order
of the Illinois Pollution Control Board in PCB 86—117
dated
July 31,
1986, understand
and accept
the said Order,
realizing
that such acceptance
renders all terms and conditions thereto
binding and enforceable.
Petitioner
By:
Authorized Agent
Title
Date
71-464
—7—
4.
The Respondent’s July
31, 1986 Notion
to Supplement
the Agency Recommendation is hereby granted.
IT
IS
SO ORDERED.
I,
Dorothy
M.
Gunri, Clerk of
the Illinois Pollution Control
Board, hereby certify that the above ~Qpinion and Order was
adopted
on the
~/i2_-~
day
of
____________________,
1986 by a
vote
of
_______________.
~‘~‘
/
~//
~
~
Dorothy M.
Gtinn, Clerk
Illinois Pollution Control Board
71.465