IbLIL~I~PCLLU’i1Ct~CO~1~)LBCA~L

August 6, 1987

FRED E. NIELSEN, JR.,

and NiELSEN DEVELOPMENT,

Petitioners,

v.

)

PCE 87-115

ILLINOIS ENVIRONMENTAL

?RCTECTION AGENC~1,

Respondent.

ORDEK O~THE

BOARD

(by J.D. Dumeile):

This matter comes before the Board upon an August 3, 1987,

petition for variance filed by r~ie1sen Development (Nielsen).

Nielsen is the developer of a residential subdivision and is

seeking a variance from the “limitations prescribed by the

Illinois Environmental Protection Act regarding the proposed

sanitarj sewer extension.” Apparent1~, Nielsen’s application for

the extension of the sanitary sewers to serve the subdivision was

denied because the Lake Villa Sewage Treatment Plant is operating

at or near capacity. Nielsen’s petition is deficient in two

respects.

First, tne Board believes tnat a complete determination on

this petition cannot be had without the presence of the Lake

Villa Sewage Treatment Plant (Lake Villa). Lake Villa’s cesign

capacity and potential service are issues of significance to this

proceeding. ‘:1.rlerefore, the Board hereby orders that Lake Villa

be made a party to this action. ~erwice of process and

subsequent pleadings snail be as directed by Section 103.123 of

the Board’s Procedural Rules (35 Ill. Adm. Code 103.123). Also,

proof of service of the petition on Lake Villa must be incluaed

in the amended petition.

Second, the petition is deficient in that it tails to

include:

a) A clear ana complete statement or the precise extent of

the relief sought including specific identification of

the p~rticular provisions of the regulations or Board

Order from which the variance is sought;

b) A description of the business of activity of the

petitioner including the size of the business and

number of employees an~a description of the location

and area affected by petitioner’s operations;

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C)

The quantity and types of material used in the process

or activity for which the variance is required and a

full description of the particular process or activity

in which the materials are used;

d) The quantity and types of materials dischargeo from the

process of activity requiring the variance, the

location of the points of discharge and as applicable,

the identification of the receiving waterway or land,

or location of the nearest air monitoring station

maintained by the Agency;

e) Data describing the nature and extent of the present

failure to meet the numerical standards or particular

provisions from which the variance is sought and a

factual statement why compliance with the Act and

regulations was not or cannot be acriieved by the

required compliance date;

f) A detailed description of the existing and proposed

equipment or proposed method of control to be under-

taken to achieve full compliance with the ~ct and

regulations, including a time schedule for the

implementation of all phases of the control program

from initiation of design to program completion and the

estimated costs involved for eacn phase and the total

cost. to achieve compliance;

g) An assessment with supporting factual information, of

the environmental impact that the variance will impose

on human, plant, and animal life in the affected area,

including, where applicable, data describing the

existing air and water quality’ which the discharge may

affect~

h) Past efforts to achieve compliance including costs

incurred, results achieved, permit status, and, for

publicly-owned treatment works or connections thereto,

construction grant status;

i) A discussion of the availability of alternate methods

of compliance, the extent that such methods were

studied, and the comparative factors leading to the

selection of the control program proposed to achieve

compliance;

j) A statement of the measures to be undertaken during the

period of the variance to minimize the impact of the

discharge of contaminants on human, plant, and animal

life in the affected areas, including the numerical

interim oischarge limitations which can be achieved

during the period of the variance;

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k) A concise factual statement of the reasons the

petitioner believes that compliance with the particular

provisions of the regulations or Board Order would

impose an arbitrary or unreasonable hardship.

Unless an amended petition is filed within 45—days of this

Order curing the above—noted defects, this matter will be subject

to dismissal,

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that e above Order was adopted on

the

______________

day of

____________,

1987 by a vote

of

C

/

orothy M. unn, Clerk

Illinois Pollution Control Board

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