ILLINOIS POLLUTION CONTROL BOARD
January
10,
1980
WESTERN ELECTRIC COMPANY,
Petitioner,
V.
)
PCB79~242
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER
OF THE BOARD
(by Mr. Dumelle):
Petitioner has requested a variance from Rules 203(d),
203(f),
(as
it pertains to ammonia nitrogen),
402
(as it
pertains to dissolved oxygen and ammonia nitrogen),
404(f),
902(j)
and 962(a)
of Chapter
3:
Water Pollution.
The
Agency has recommended that the variance be granted in part
subject to conditions and dismissed in part.
No hearingwas
held.
Petitioner wishes to construct an office building in
Lisle,
Illinois near another facility operated by Bell
Laboratories. Both Petitioner and Bell Laboratories are part
of the Bell System.
Petitioner~s proposed facility will
house
a maximum of 2500 employees and will have a daily
average discharge of 60,000 gallons per
day
(gpd)
of
domestic wastewater.
On May 15, 1979 Petitioner filed
applications with Lisle~and with DuPage County
(the County)
to discharge its wastewater to the County~sLisle
Woadrige
sewage treatment plant.
This facility was placed on
restricted status on May 31,
1979,
This facility has been
the subject of numerous recent variances before the Board
(see Corporate West Development,
Inc. and County of
PCB 79~163, September 13,
1979 and
October
4,
1979 and Rossrnoor Associates
v.
EPA,
PCB 79~171,
October
4,
1979
and
October 18,
1979),
37—147
Because of the restricted status designation, the
Agency denied Petitioner~srequest to construct a sewer
extension.
Petitioner needs
a variance so that it can
construct a temporary sewage treatment facility
which will
be operated until the County constructs additional
sewage
treatment
capacity
to accept Petitioner~swastewater.
Petitioner
attempted to obtain an advance commitment
from
the County,
Lisle, and the Agency to permit connection
to
the Lisle~Woodridgeplant
in 1981 but was unable to do
so.
Petitioner~s temporary facility will consist of a
septic tank followed by sand filtration.
The facility will
discharge into Rott Creek and will he designed to meet the
following effluent limitations as monthly averages.
BOD
10 mg/l
Suspended Solids
12 mg/I
Ammonia Nitrogen
2,5 mg/i
(April
October)
Ammonia Nitrogen
4,0 mg/i
(November
March)
Petitioner
is requesting a variance until November
1,
1984,
the date the County will complete its Green Valley
plant expansion,
or until the County can accept Petitioner~s
wastewater, whichever occurs
first.
Petitioner feels that the impact on Rott Creek,
an
intermittent
stream,
is difficult to assess,
The
Board has
noted this difficulty
in
~aeofBloo~~a1ev.EPA,
PCB
78~124;In the Matter of: Amendments
to the Water
~
R77—12, Docket
C; Lake Zurich
v.
EPA,
PCB 78~89; and ~
onSanitar
District~,. EPA,
PCB 78~299,
Petitioner has asked and the Board agrees that the
records
in those proceedings be incorporated here.
Petitioner claims that it would suffer
hardship if
a
variance were denied by not being able to go
forward with
its plans to produce computer programs for the Bell System~s
national telecommunications network,
Petitioner feels
it
should not place its investment in land costs and land
improvements
in jeopardy because of the County~srestricted
status designation.
If the variance were denied,
Petitioner
would be required to move its new facility elsewhere or
incur additional
lease expenses of $1,750,000/year
at four
present locations,
Petitioner
feels that the location
of
its proposed facility is essential to maintain an intimate
working relationship among its scientists,
engineers and
technicians in developing computer
software.
Petitioner
acquired the subject site in 1974 at a cost in excess
of
$4,800,000.
Petitioner has already spent over $250,000 in
road and utility improvements under an annexation agreement
with Lisle and is obligated to spend at
least this much in
additional improvements.
37—148
In its Recommendation the Agency states that the
County~s present plans
for expansion of its sewage treatment
facilities may not be adequate for its presently existing
and permitted flows,
The Agency feels that the reasons
cited
in ~
laeofBloomindalev,EPA,
PCB 78-124
support
Petitioner~srequest
for relief from Rules 203(d),
404(f),
and 402 as
it pertains to dissolved oxygen.
Since
Petitioner~sproposed treatment facility will comply with
Rule 402,1(b) during the winter months with an average
effluent concentration of 4,0 mg/i ammonia nitrogen,
the
Agency feels that Petitioner will need a variance from Rule
203(f) as
it pertains to ammonia nitrogen from April through
October until June 30,
1982,
Since all exemptions
in
Rule
402,1 expire on June 30,
1982,
Petitioner will need a
year
round variance after that date,
The Agency feels that in
light of Petitioner’s hardship,
it should not be required to
meet any more stringent ammonia nitrogen limitations than
those requested.
The Agency feels that relief
from Rules
902(j) and 962(a)
is not required.
The Board concludes that denial of a variance would
constitute arbitrary
or unreasonable hardship,
Petitioner
has already spent
a great deal of money in good faith
reliance on the County’s ability to accept its wastewater.
The Board agrees that the reasoning employed
in
~
PCB 78~124should be
employed here but that relief from Rules 203(d),
404(f),
and
402 as it pertains
to dissolved oxygen should be limited
to
the same term for consistency.
Petitioner’s proposed
effluent limitations appear reasonable under the
circumstances
presented here.
The Board agrees that Rule
902(j) is not applicable and that relief from Rule 962(a)
is
unnecessary once this variance
is granted.
On January
7,
1980 the Board received a letter from
Thomas H. Weiland stating that this variance should not be
granted.
The letter does not request a hearing and does not
state any facts
in support of its opposition.
Consequently
it is not construed as an objection and no hearing will be
ordered
by the Board,
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter,
1.
Petitioner
is
hereby granted a variance from Rule
203(d)
and 402 as it pertains to
dissolved oxygen of
Chapter
3:
Water Pollution until October
19, 1983
or
until Petitioner’s
wastewater
is
diverted to DuPage
County’s sewage
treatment
facilities,
whichever occurs
first,
37-~149
2.
Petitioner
is
hereby
granted
a
variance
from
Rule
404(f) of Chapter
3:
Water
Pollution
until
October
19,
1983 or until the Board reaches a final decision in
R77—l2,
Docket C or until Petitioner’s wastewater is
diverted
to
DuPage
County
‘
s
sewage
treatment
facilities,
whichever
occurs first, provided that
effluent concentrations discharged from Petitioner’s
treatment facilities not exceed 10 mg/l
BOD5
and 12
mg/l suspended solids as monthly averages.
3.
Petitioner is hereby granted a variance from Rules
203(f),
402 and 402.1 of thapter 3:
Water Pollution as
they pertain to ammonia nitrogen until June 30, 1982
for the months of April through October and year round
from July
1, 1982 until November 1, 1984 or until
Petitioner’s wastewater is diverted to DuPage County’s
sewage treatment facilities, whichever occurs first,
provided that effluent concentrations discharged from
Petitioner’s
treatment facilities not exceed 2.5 mg/l
ammonia
nitrogen
from
April
through
October
and
4.0
mg/l from
November
through
March
as monthly avera!es.
4.
Petitioner’s request for a variance from Rules 902(j)
and
962(a) of Chapter
3:
Water Pollution is hereby
denied.
5.
Petitioner shall apply for and obtain all necesiary
Agency construction and operating permits prior to
construction.
and
operation of its sewage treatment
facility.
6.
The
Agency
is
hereby
authorized
to
issue
a
NPDES
permit
to Petitioner in a manner consistent with the terms and
conditions of this variance.
7.
Within 45 days of the date of this Order, Petitioner
shall execute a certification of acceptance and
agreement
to
be
bound
to the terms
and
conditions of
this
variance.
The
45
day
period
shall
be
held
in
abeyance if this matter is appealed.
The certification
shall
be
forwarded
to
the
Illinois
Environmental
Protection Agency, Division of Water Pollution Control,
2200 Churchill Road, Springfield, Illinois 62706 and
shall read as follows:
37—150
CERTIFICATION
I
(We),
,
having read
and fully understanding the Order in PCB 79-~242hereby
accept that Order and agree to be bound by all of its terms
and conditions.
IT
IS SO ORDERED
S
IGNED
TITLE
DATE
I, Christan L, Moffett,
Clerk of the Illinois Pollution
Otder
were adopted on the
Ib~’~
day of
Control Board, hereby certify
the
above~onan1~
1980 by a vote of
______________
Illinois Pollut
~trol Board
37—151