ILLINOIS POLLUTION CONTROL BOARD
August
7,
1980
CORPORATE WEST,
INC.,
Petitioner,
V.
)
)
I
)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY, ET AL.,
Respondents.
)
)
)
GREEN TRAILS, LTD.,
Petitioner,
v.
)
)
)
)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY, ET AL.,
)
)
Respondent.
)
FIRST CONSOLIDATED PROPERTIES,
INC.,
)
Petitioner,
V.
)
)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY, ET AL.,
)
)
Respondents.
)
ACE HARDWARE CORPORATION,
Petitioner,
v.
)
)
)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY, ET AL.,
)
)
Respondents.
)
PCB
80—96
PCB 80—97
PCB
80—98
PCB 80—99
—2—
GRANT SQUARE SERVICE CORPORATION,
)
Petitioner,
I
v.
)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY, ET AL.,
Respondent.
)
I
I
I
MR. JAMES
H.
RUSSELL, SIDLEY & AUSTIN, APPEARED
ON BEHALF OF
PETITIONERS.
MR.
THOMAS
R.
CHIOLA, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF RESPONDENT ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
OPINION
AND
ORDER OF THE BOARD
(by
I.
Goodman):
On its own motion the Board hereby consolidates the five
above—captioned cases for the purpose of decision.
On May
8,
1980 Corporate West,
Inc.
filed a petition before
the Board requesting variance from Rule 962(a) of Chapter
3 of
the Board’s regulations to allow a sewer connection to the
Lisle—Woodridge Sanitary Treatment Plant or,
in the alternative,
to allow participation in the joint construction and operation of
a
central package plant or,
in the alternative,
to allow construction
and operation of an individual package plant for its own use
only.
On May
9,
1980, Green Trails,
Ltd., First Consolidated
Properties,
Inc.,
Ace Hardware Corporation, and Grant Square
Service Corporation filed what appear to be identical petitions.
On May
15,
1980 the Board found all five petitions herein to
be deficient and ordered the appropriate local sewage district
authorities be made parties to the petition.
On June 27,
1980
Petitioners filed a motion to join the County of DuPage and the
Villages of Lisle and Woodridge.
On July
10,
1980 the Board
granted the motion.
The July 10,
1980 Board Order also granted
the Illinois Environmental Protection Agencyts (Agency) motion
for continuance and ordered all hearings herein to be held by
July
28,
1980 and decision herein to be entered August 2?,
1980.
The Agency filed its Recommendations on July 15,
1980.
Hearing
was held on July 25,
1980.
There was no citizen testimony at the
hearing; however,
the Board has received public comment in this
matter.
The petitioners herein are various corporations holding
different property interests in the area surrounding the
Lisle-Woodridge Sanitary Treatment Plant
(Plant).
They all have
in common an inability to connect their proposed facilities to
the Plant.
The Plant has been placed on restricted status due to
its being heavily overloaded.
The Plant was placed on restricted
PCB 80—100
—3—
status May
31,
1979.
The Board had familiarity with this
sewerage situation in a previous case, Nadelhoffer—Wilson
and Associates v.
IEPA,
PCB 80—9
(May 15,
1980).
Petitioners
engaged the consulting firm of Huff and Huff to evaluate
alternatives which would allow them to proceed with construction
of their facilities.
Huff and Huff proposed an innovative
program to comply with the Board’s regulations which would allow
Petitioners to hook
up to the Plant’s sewer system in return for
giving funds to the Lisle Sewer System for the purpose of
reducing infiltration and inflow by a like or greater amount than
that which would be added by these facilities.
As the Agency
points out in its Recommendations, however,
this would allow the
substitution of normally unpolluted inflow and infiltration with
heavily loaded sewage.
For this and for other reasons, the Board
rejects this proposed program.
In the alternative, Huff and Huff suggested constructing
either a central package plant,
to be jointly built and operated
by Petitioners,
or individual
temporary treatment facilities to
treat the flows from each of Petitioners’ proposed projects.
In its Recommendations the Agency states that the temporary
treatment plant approach is
a reasonable one.
Based on
information available to the Agency through its rather extensive
study of the treatment plant and the sewer
system, the Agency
proposes that two interim wastewater treatment
plants be
constructed.
One of these plants would be located near the
property of Corporate West and would directly treat the flows
from the Corporate West and the Ace Hardware Corporation projects
as well as a
flow of 32,000 gallons per day which is currently
being generated by a variance previously granted Corporate West
Development,
Inc.
(PCB 79—163).
A second plant would be designed
to treat flows to be generated by the projects proposed by First
Consolidated Properties,
Inc., Green Trails, Ltd. and Grant
Square Service Corporation.
This second plant would treat
equivalent flows from the entire sewer system and not those flows
directly emanating from the projects, since the project flows
would discharge directly into the existing publicly—owned sewer
system.
It
is the Agency’s opinion that this proposed system will
not cause or contribute to sanitary sewer overflows which were
the major concern of the two public comments in this matter.
The
Agency recommends that variance be granted for the purpose of
constructing and operating these interim treatment plants,
but
subject to certain conditions which will provide assurance of
effective and environmentally sound operation.
Petitioners
have stated that they accept the Agency’s Recommendation.
That the Du Page County Department of Public Works has
undertaken a project, the Woodridge—Green Valley Wastewater
Treatment Plant,
which will expand the capacity of the Woodridge
Treatment Plant from 4,000,000 gallons per day to 10,000,000
gallons per day and to provide tertiary sewage treatment.
The
project is scheduled for completion in 1983 or 1984.
Upon
completion of this project,
the
Lisle Sewage Treatment Plant is
—4—
to be abandoned.
The Agency
is of the opinion that upon
completion of this new treatment plant the problems associated
with the Lisle-Woodridge plants will be eliminated.
The hardship alleged by Petitioners
is typical of those
impacted by untimely determinations of restricted status
by the
Agency.
Petitioners do not challenge the Agency’s action,
but,
rather,
allege arbitrary and unreasonable hardship on themselves
because of it.
Petitioners’ proposed facilities represent
commercial development of
181 acres of land and residential
development of 60 acres of land over a four—year period.
Economic
losses alleged by Petitioners include total
interest
charges of over $3,000,000 per year and a potential loss of
market value of the land of about $10,000,000 given sale of the
land without sewerage treatment facilities.
Potential loss to
surrounding communities
is characterized by decreased tax
revenues, decreased retail trade demand, the loss of at least
fifty
jobs,
and the loss of potential commercial population
growth of 13,000 and residential population growth of 2,000.
In the past,
the Board has been reluctant to grant variances
based entirely upon economic considerations.
However,
the
suddeness with which the various DuPage County Treatment Plants
have been placed on restricted status has caused a number of
projects, conceived and undertaken in good faith,
suddenly to be
close to completion without necessary sewage service.
The Board
finds that the hardships alleged by Petitioners, coupled with the
efficacy of the proposed interim treatment plants,
are sufficient
facts to warrant the grant of variances in these cases.
Although
the Board does not favor the use of small interim treatment
plants,
this particular proposal should result in very little
harm to the environment, particularly under the conditions upon
the variances which the Board shall
impose.
This Opinion constitutes the findings of fact and
conclusions of law of the Board
in this matter.
ORDER
1.
Variance.is hereby granted to Corporate West,
Inc.
(PCB
80—9~),Green Trails,
Ltd.
(PCB 80—97), First Consolidated
Properties Inc.
(PCB 80—98), Ace Hardware Corporation
(PCB
80—99),
Grant Square Service Corporation
(PCB 80-100), the
Villages of Lisle and Woodridge,
and the County of DuPage from
Rules 203(d)
and 402 of Chapter
3 of the Board’s pollution
control rules and regulations,
as these apply to dissolved
oxygen,
for the purpose of constructing and operating two interim
treatment plants
for a period of four years or until the
completion of the Woodridge—Green Valley Wastewater Treatment
Plant, whichever first occurs,
under the following conditions:
A.
All Petitioners shall join in the construction of an
interim wastewater treatment plant with a design average flow of
at least 0.25 million gallons per day and which meets the
requirements of the Illinois recommended standards for sewage
works (effective March 31,
1980), which plant shall be designed
—5—
to treat,
at a minimum, a design average flow that is the sum of
the flow from the Corporate West project,
the flow from the Ace
Hardware project,
and 32,000 gallons per day.
B.
All Petitioners
shall join
in the construction of
a
second interim wastewater treatment plant with a design average
flow of 0.25 million gallons per day which meets the requirements
of the Illinois recommended standards for sewage works
(effective
March
31,
1980), which plant shall be designed to treat, at a
minimum, the average equivalent mass BODç and hydraulic loading
that will be generated by the First Consölidated project, the
Green Trails project, and the Grant Square project.
C.
Upon completion of the construction of the two
interim treatment plants above, ownership shall he transferred to
the DuPage County Department of Public Works.
D.
The interim treatment plants above
shall be operated
by the DuPage County Department of Public Works under a contract
approved by the Illinois Environmental Protection Agency and
under the direction of
a properly certified operator.
E.
The interim treatment plants above
shall discharge
an effluent quality which does not exceed ten milligrams per
liter of BODç and twelve milligrams per liter of total
suspended
solids on a 30—day average.
F..
The interim treatment plants above shall meet
limitations set by Chapter
3 of the Board’s pollution control
rules and regulations for all parameters therein with the
exception of dissolved oxygen.
G.
Flows
shall he diverted to the interim treatment
plant noted in A above
such that the maximum steady state
hydraulic operating condition is maintained.
The requirements of
E and F above remain in effect.
The steady state design
hydraulic operating condition shall be based upon the minimum raw
BOD5 waste concentrations expected under wet weather conditions.
The flow necessary
1o
maintain the maximum steady state operating
condition shall be determined by the DuPage County Department of
Public Works,
subject to approval by the Illinois Environmental
Protection Agency,
once the operation of the plant has begun.
H.
Flow shall he diverted to the interim treatment
plant noted in B above such that the maximum steady state
hydraulic operating condition is maintained.
The requirements of
E and F above remain in effect.
In no event, however,
may the
flow be less than that volume necessary to accommodate and treat
the raw BOD mass equivalent from the First Consolidated project,
the Green Trails project, and the Grant Square project.
The
steady state design hydraulic operating conditions shall
be based
upon the minimum raw 80D5 wastewater concentrations expected
under wet weather conditions.
The flow necessary to maintain a
steady state operating condition shall he determined by the
DuPage County Department of Public Works,
subject to approval by
the Illinois Environmental Protection Agency, once operation of
—6—
the plant has begun.
I.
All necessary permits shall be obtained from the
Illinois Environmental Protection 7~gency.
J.
Adequate sludge handling and disposal facilities
shall be provided.
K.
Operation of the interim treatment plants shall
terminate,
if applicable,
prior to final grant inspection and
approval by the Illinois Environmental Protection Agency of the
Woodridge—Green Valley Wastewater Treatment Plant,
and the
interim plants shall be dismantled within
90 days after said
inspection and approval.
L.
Petitioners
shall obtain a modification of areawide
planning requirements as necessary.
M.
Within 45 days of
the date of this Order, the
Petitioners and Respondents County of DuPage, Village of Lisle,
and Village of Woodridge shall individually execute and forward
to the Illinois Environmental Protection Agency, Variance Unit,
2200 Churchill Road, Springfield,
IL
62706 a Certification of
acceptance and agreement to be bound by all conditions of these
variances.
This forty—five day period shall he stayed if
Petit~ionersseek judicial review of this variance.
The form
of said
Certification shall he as follows:
CERTIFICATION
I,
(We,)
,
having read
the Order of the Illinois Pollution Control Board in PCB 80-96,
PCB 80—97,
PCB 80—98,
PCB 80—99,
and PCB 80—100, dated
___________________________
understand and accept the Order and
agree to he bound by all of
its terms and conditions.
Petitioner
,
,
,
,
Authorized Agent
Title
Date
2.
Variance is hereby granted to Green Trails, Ltd.
(PCB
80—97),
First Consolidated Properties,
Inc.
(PCB 80—98) and Grant
Square Service Corporation
(PCB
80-100)
from Rule 962(a) of
Chapter
3 of the Board’s pollution control rules and regulations
for the purpose of constructing and connecting a sewer extension
to the Lisle—Woodridge Sewage Treatment system upon the
condition
that Petitioners execute their duties listed under Paragraph
1 of
this Order.
3.
The Board shall retain jurisdiction in this matter.
IT IS SO ORDERED.
—7—
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby qertify that the above Opinion and Order
were adopted on the
~
day of
_____________,
1980 by
a
vote of .~‘.p.
Christan L. Moff~
Clerk
Illinois Pollution
ontrol Board
