ILLINOIS POLLUTION CONTROL BOARD
    October
    2,
    1980
    VILLAGE OF ROCKDALE,
    Petitioner,
    V.
    )
    PCB 80—72
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    MR. JAMES
    E.
    BABCOCK,
    ROBSON, MASTERS, RYAN, BRUMUND & BELOM
    APPEARED ON BEHALF OF PETITIONER.
    MR. DONALD
    L.
    GIMBEL APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by
    I.
    Goodman):
    On April 11,
    1980 the Village of Rockdale (Rockdale)
    filed this
    petition for variance from Rule 962(a)
    of Chapter
    3 of the Board’s
    regulations
    in order to allow construction and operation of a sewer
    extension that would service a certain area within the Village.
    Hearing was held in this matter on June 27,
    1980.
    The Board has
    received no public comment.
    Rockdale’s sewage treatment plant is currently on restricted
    status due to hydraulic overload and frequent violations by
    Rockdale of suspended solids and BOD
    limitations.
    The area in
    question here is Davis Street betwee~Lakeview Avenue and Beilview
    Avenue in Rockdale.
    The area is presently served by an old sewer
    line which is
    in very poor condition and subject to large amounts
    of inflow and infiltration.
    Rockdale proposes to build a new
    sewer line which will service buildings currently discharging into
    the old existing sewer line as well as a certain number of
    residential dwellings and an auto body shop which presently dis-
    charge to septic systems.
    The septic systems appear to be a health
    hazard due to periodic discharge from the ground which flows
    downhill to a church parking lot and then into a storm sewer inlet.
    Upon completion of the proposed sewer extension,
    the old sewer line
    and septic systems would be abandoned.
    In its recommendation, the Illinois Environmental Protection
    Agency (Agency) states that it agrees with Rockdale’s proposal and
    suggests that variance be granted notwithstanding Rockdale’s
    restricted status.
    It is the Agency’s opinion that the health
    hazard caused by seepage
    from
    the septic systems outweighs the
    minor adverse affects upon the Pockdale sewage treatment plant
    due to the additional
    load.
    The Board agrees with the Agency
    —2—
    recommendation.
    We have in the past granted variance primarily
    based upon health hazards posed by ineffective septic systems,
    In this case an additional benefit will be gained by replacing
    an old sewer system apparently subject to heavy infiltration and
    inflow with a new system not so burdened.
    The Board shall there-
    fore grant variance to the Village of Rockdale from Rule 962(a)
    of Chapter
    3 for the proposed new sewer extension under certain
    conditions.
    This Opinion constitutes the findings of fact and conc2usions
    of law of the Board in this matter.
    ORDER
    The Village of Rockdale is hereby granted variance from Rule
    962(a) of Chapter 3:
    Water Pollution Control
    Rules and Regulations
    to allow construction of a sewer connection along Davis Avenue
    between Lakeview Avenue and Bellview Avern~ewithin the Village of
    Rockton subject to the following conditions:
    a.
    Connections to the new sewer extension shall be
    limited to
    existing structures located on either side of Davis Street
    between Lakeview Avenue and Bellview Avenue.
    b,
    The Village of Rockdale shall obtain a permit for the con-
    struction and operation of the sewer extension from the Illinois
    Environmental Protection Agency.
    c.
    Within 45 days of the aaLe of this Order, the Petitioner
    shall execute and forward to the Illinois Environmental Protection
    Agency, Variance Unit,
    2200 Churchill
    Road, Springfield,
    IL
    62706,
    an executed Certification of acceptance and agreement to be bound
    by all conditions of the variance,
    This forty—five day period
    shall be stayed if Petitioner seeks judicial review of this
    variance pursuant to Section 41 of the Environmental Protection
    Act,
    The
    form of said certification shall be as follows:
    CERTIFICATION
    I,
    (We,)
    ,
    having read
    the Order of the Illinois Pollution Control Board in PCB 80-72,
    dated _______________________,
    understand and accept the Order and
    agree to be bound by all of its
    terms
    and conditions.
    ________________________________,
    Petitioner
    ________________________________, Authorized Agency
    ________________________________~, Title
    Date
    IT IS SO ORDERED.
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certi,~that the ab v
    Opinion and
    Order was adopted on the
    ?
    day of
    _______________,
    1980
    by a vote of
    ~
    Christan L.
    Mof
    ~j41,
    Clerk
    Illinois Pollution Control Board

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