ILLINOIS POLLUTION CONTROL BOARD
May 15,
1980
IDLEWILD COUNTRY CLUB,
)
an Illinois not-for—profit
)
corporation,
)
Petitioner,
)
v.
)
PCB
80—57
)
TLLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD (by Board Member Werner):
On March 19, 1980, the Idlewild Country Club (“Idlewild”)
filed a Motion to Modify the Board Order in
PCB
71-17
which was
entered on April 12,
1979.
The Illinois Environmental Protection
Agency
(“Agency”) did not oppose the requested modifications.
On
April
3,
1980, the Board entered an Order construing Idlewild’s
motion in
PCB
77—17 as a new petition for variance (which was given
Docket No. PCB 80—57) and ordered Idlewild to submit additional
information in support of its petition.
On April 15,
1980, Idlewild filed a Petition for Variance
which incorporated by reference the entire prior record in
PCB
77—17 and the information contained in its March 19, 1980
Motion to Modify and included the additional information requested
by the Board in its Order of April
3,
1980.
On April 30, 1980,
the Agency filed its Recommendation which recommended that the
Petitioner be granted a variance from Rules 402 and 404 of
Chapter 3:
Water Pollution Control Regulations (“Chapter 3”) until
September 30,
1981, subject to specified conditions.
Idlewild
Country Club has waived its right to a hearing, and no hearing has
been held in this matter.
The Board entered a final Order on April
12,
1979 in the
enforcement action in PCB 77—17 which ratified a proposed settle-
ment agreement between the Agency and the Idlewild Country Club.
The compliance program mandated by the Board was predicated on the
proposed annexation of Idlewild by the Metropolitan Sanitary
District of Greater Chicago
(“MSDGC”) and connection to the Village
of Flossmoor sanitary sewer system.
The Board Order envisioned
completion of the connection to the Village of Flosemoor’s sewage
treatment system by October 31, 1979 and provided that, if
connection to the Flossmoor system was not effectuated by that
date,
Idlewild would upgrade its facility to bring it into
compliance by January
1,
1980.
—2—
Idlewild has indicated that
it has proceeded
in good faith
to
inplement
the
required
compliance
program.
However,
because
of
a surveying mistake which resulted in an erroneous
lejal
description
of
property
to
be
annexed,
the
property annexed to the
~iSDGC
tn legislation passed by the Illinois Goneral Assembly was
ins;ilftnient
to
permit
the
Tdlewilil
facility
to be serviced by
t.hl’
M!~Mt.
Accordingly,
the
TdiewU~lCountry
Club
is now
in
the
process
of re—initiating proceedings to annex property to the MSDGC and to
the Village of Flossmoor to enable the construction of the nier
as designed by its engineers.
Idlewild intends to re—submit
proposed legislation to the Illinois General Assembly requesting
additional area to be annexed to the MSOGC, and has expended
approximately $40,000.00 to date in its efforts to comply with the
Stipulation placed into effect by the Board’s Order of April
12,
1979.
Idlewild anticipates that the total cost of compliance will
probably be in excess of $100,000.00
In light of the unique circumstances of this case, the Board
finds, as recommended by the Agency,
that denial of the requested
variance would result in arbitrary and unreasonable hardship being
placed upon the Petitioner.
Accordingly,
the Petitioner is hereby
:jranted a variance from Rules 402 and 404 of Chapter
3:
Water
Pollution Control Regulations until September 30,
1981, subject
to various
npec
ified condItions.
This
Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board that
the Idlewild Country Club is hereby granted a variance from
Rules 402 and 404 as they pertain to DO, BOD~and ‘255 of
Chapter 3:
Water Pollution Control Regulatións until September 30,
1981,
subject to the following conditions:
1.
Respondent shall
post
a
performance
bond
in
the
amount
of $20,000.00 to assure completion of
Alternative
1
or
2 of the Baxter and Woodnam,
Inc. engineering study
(“B&W study”)
upon
the hiring of a contractor.
Within
30 days of the issuance of all required permits,
Respondent shall hire a contractor.
2.
Within 60 days of the date of this Order, the Respondent
shall:
A.
Petition to annex its clubhouse to the Village
of Flossmoor pursuant to a pre—annexation
agreement preserving Idlewild’s right to maintain
present facilities and operations.
—3—
n.
i~equest
legislation incorporating its clubhouse,
en(1
other
area
surrounding
same,
sufficient
to
enable
the
const:ructjon
of
the
sewer
connection
to
Metropolitan
Sanitary
District
of
Greater
Chicago.
C.
Prepare
engineering
plans
for
the
disposition
of
the
settling
pond
upon
completion
of
the connection
to
Flossmoor,
and
a
contingency
plan
to
upgrade
or
modify
the
use
of
the settling pond
in conjunction
with the continued use
of
the
facility.
3.
Regardless of the reason,
in the event that Idlewild has
not effected connection to Flossmoor’s sewage treatment
system
(Alternative
2
of
the
B&W Study) by June
30,
1981,
Idiewild
shall
commence
all
work
and
take
all
actions
not
previously
taken
which
are
required
for
upgrading
its
facility
to
bring
it
into
compliance
(Alternative
1
of
the
B&W
Study);
and
the
facility
shall
be
brought
into compliance by September
30,
1981.
4.
Until
Idlewild
has
effected
connection
with
the
Fiossmoor
sewage
treatment
system,
or until September
30,
1981,
whichever
occurs
first,
the
effluent
from
the
Idlewild
facility,
as
to
biochemical
oxygen
demand
and
suspended
solids,
shall
be
monitored
and
limited
as
follows:
Suspended
solids:
daily
maximum,
50
mg/i;
30
day
average,
30
mg/I;
composite
samples
to
be
taken
weekly.
Biochemical
oxygen
demand:
daily
maximum,
50
mg/i;
30
day
average,
30 mg/i;
composite samples to be
taken
weekly.
5,
Within
45
days
of
the
date
of
this
Order,
the
Petitioner
shall
execute
a
Certification
of
Acceptance
and
Agreement
to
he
hound
to
the
terms
and
conditions
of
this
variance.
This
45
day
period
shall
be
held
in
abeyance
if
this
matter
is
appealed.
The
Certification
shall
he
forwarded
to
the
Illinois
Environmental Protection Agency,
Variance Section,
Manager, Division of Water Pollution Control,
2200 Churchill
Road,
Springfield,
illinois 62706 and
shall
read
as
follows:
—4--
CERT IF ICAT ION
I
(We),
_______
_________________
having read and
fully understanding the Order
in
PCJ3 80—57, hereby accept that
Order and agree to be bound by all
of its terms and condlions.
~
iCNi:~)
BY
TI
rr
i~
DATE
Pot
it loner
Authorized Agent
I,
Christan L.
Moffett, Clerk of the Illinois Pollution Control
Board,
hereby certify
that
the above Opinion and Order were a~opted
on the /~day
of
________________,
1980 by
a vote
of
.S-O
—
~
Christen
L.
Moff~tt,
Clerk
Illinois
Pollutibr~
Control
Board
