ILLINOIS
POLLUTION
CONTROL BOARD
March
6,
1980
CITY
OF
MONMOUTH,
Petitioner,
v.
)
PCB 79—261
ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION
AND
ORDER
OF
THE
BOARD
(by
Mr.
Durnelle):
On
December
10,
1979
Petitioner requested
a variance
from Rule
962(a)
of Chapter
3:
Water Pollution to provide
for the construction of a sewer extension to homes presently
connected
to
septic
systems.
The
Agency
has
recommended
that
a
variance
be
granted
subject
to
conditions,
No
hearing was held.
Petitioner
is
seeking
to
construct
a
pressure
sewer
system
to
five
existing
houses
in
the
City.
These
five
houses
are
-
presently
served
by
septic
tanks.
However,
because
these
houses
are
in
a
low—lying
area
they
are
subject
to
the
transportation
of
wastes
from
the
septic
field to the land surface by groundwater.
This
drainage
is
entering Petitioner~s storm
sewer system.
Petitioner~s sewage
treatment
plant
is
on
Restricted
Status
because
its capacity
is being exceeded.
Raw sewage
is bypassed to Markham Creek during wet weather.
Petitioner
has completed a storm sewer which has brought
some relief to
its
sewage
disposal
plant
in
the
elimination
of
bypass
water.
Petitioner
is
also
proceeding with Step
II
of
its
Municipal Wastewater Treatment Works Construction Grant
and
estimates upgrading to be completed by October,
1981.
The
Agency
supports
the
variance
from Rule
962(a)
of
Chapter
3
for
only
the
five
houses
involved,
until
Petitioner~s treatment
plant
is
removed
from
Restricted
Status,
Without
the
variance
it
is
claimed
that existing
health
problems
in
the
area
will
be compounded.
Although
the connection of the five houses may increase the amount of
raw
sewage
bypasses
to Markham Creek,
potential
damage
to
the
creek
is outweighed
by
the
health
hazard
posed by the
37-481
—2—
surfacing of the sewage
in yards,
streets and into the storm
sewer.
Furthermore,
Petitioner
has
already
undertaken
an
overall
sewer plan
of
improvement for which it has obtained
funding
The Boards
finds
that
a
denial
of
the variance would
constitute
an
arbitrary
and
unreasonable
hardship
and
concurs
with
the
reasoning
of
the
Agency
in this
matter.
The Board
also
finds
the recommended conditions
imposed
on
Petitioner
during
the
period
of
its
variance
to
be
reasonable.
This
Opinion
constitutes
the Board’s
findings
of
fact
and conclusions
of
law in this matter.
ORDER
Petitioner
is
hereby
granted
a
variance
from
Rule
962(a)
of
Chapter
3:
Water
Pollution
subject
to
the
following conditions:
1)
This
variance
shall
only
apply
to
those
five
houses
which are the subject
of
this petition until such time
as Petitioner
is removed from Restricted Status.
2)
Within
45
days
of
the
date
of
this
Order,
Petitioner
shall execute
a Certification of acceptance and agreement
to
be
bound
by
all
the
terms
and
conditions
of
this
variance.
The Certification shall
he
forwarded
to
the
Illinois
Environmental
Protection
Agency,
Division
of
Water Pollution Control, Variance Section,
2200 Churchill
Road,
Springfield,
Illinois 62706.
This
45 day period
shall
be
held
in
abeyance
if
this matter
is
appealed.
The
form
of
the
Certification
shall
read
as
follows:
CERTIFICATION
I,
(We),
__________________________________,
having
read
and
fully
understanding
the
Order
in
79—261,
hereby
accept
that
Order
and
agree
to
be
bound
by
all
of
its
terms and conditions.
SIGNED ________________________
TITLE
________________________
DATE
—3—
IT
IS
SO
ORDERED,
Mrs. Anderson abstains.
I,
Christan L, Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that
he above Order was adopted
on the
j~
day of
I)-)
,
1980
by a vote of
Christan
L.
Mo
,
Clerk
Illinois Pollution
ontrol Board
37—483