ILLINOIS POLLUTION CONTROL BOARD

July 31, 1986

ARLINGTON PARK RACETRACK,

Petitioner,

v.

)

PCB 86—117

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by

3.

D.

Dumelle):

This provisional variance request comes before the Board

upon

a July 31,

1986 Recommendation of the Illinois Environmental

Protection Agency

(Agency).

On July 31, 1986,

the Respondent

filed

a Motion

to Supplement

the Agency Recommendation which

is

hereby granted.

The Agency recommends that

a 45—day provisional

variance be granted

to the Petitioner

to allow surface drainage

from the stable area of the Arlington Park Racetrack and

to

relieve

it from the requirement

of its permit implementation

schedule.

The Arlington Park Racetrack, which was virtually destroyed

by fire on July 31, 1985,

is

a well—known horse racing facility

located

on

a site northwest of the intersection of Wilke Road and

Euclid Street

in Arlington Heights, Illinois.

(Pet.

1).

The

Petitioner discharges sanitary wastes

to the Metropolitan

Sanitary District of Greater Chicago (MSDGC)

for

appropriate

treatment.

Solid animal waste

(i.e.,

horse manure) generated

in

the stable area

by the horses is removed from the premises by

a

private contractor.

(Pet.

1).

During

the racing season

in prior

years before the

tragic July,

1985 fire,

about 2,200 horses were

stabled

at

the Arlington Park Racetrack.

However, during

the

severely curtailed 1986 racing season, only about 1,200 horses

will use the Petitioner’s stables.

The Petitioner intends to

mitigate any adverse environmental impact of surface drainage

from its stable

areas

and has requested provisional variance

relief

“to allow stabling and racing of approximately 1,200

horses at1the site for the period

from August

1, 1986 to

September 30, 1986 inclusive.”

(Pet.

1).

On January 20, 1984,

the Arlington Park Racetrack was issued

NPDES Permit #1L0063487,

which authorized

the discharge

of

uncontaminated runoff

to Salt Creek,

a tributary of which passes

through the Petitioner’s property.

This NPDES Permit delineated

the criteria necessary

for

the Arlington Park Racetrack

to coniply

71-459

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—2—

with

35

Ill. Adm. Code Subtitle E:

Agriculture—Related Pollution

and “required the permittee to construct and operate storm

sewers, manholes,

catch basins,

a holding pond, pump station,

and

land application area for

the holding pond effluent within

180 days of issuance of the permit.”

(Rec.

Supplement 1).

However,

the Agency has indicated that the perinittee was in

noncompliance with

its NPDES Permit on July 20, 1984.

Subsequently,

after

the tremendous fire which destroyed the

Petitioner’s racetrack during July, 1985,

the owners of

the

facility have been forced

to curtail their normal racing schedule

and have made “no decision regarding permanent racing

facilities”.

(Rec. Supplement 1).

At the present time,

the

owners of the facility “have not determined whether

it would

be

best

to remain and rebuild at the present site or

to relocate

to

another site.”

~Rec. 2).

In a letter

to the Agency dated July 24,

1986,

the

Petitioner requested

a provisional variance

“from

the

requirements,

special and standard conditions,

discharge

limitations and operating requirements”

of its NPDES Permit.

The

Agency believes that

“a variance from permit conditions cannot be

given” and indicates that “only relief from the underlying

regulations

is appropriate.”

(Rec.

Supplement

1;

Rec.

1).

Accordingly,

the Agency has

recommended that the Board

grant

the Petitioner

relief from the water

quality standards set forth

in

35 Ill. Adm. Code 302.203,

35 Ill. Adm. Code 302.206,

and

35

Ill.

Adin.

Code 302.209.

(Rec.

1;

Rec.

Supplement

1).

Additionally,

the Agency has recommended

that

the Board grant

the

Arlington Park Racetrack relief from the provisions of

35

Il~.

Adm. Code 502.106(d), which requires compliance with a permit

within 14 months of

the date of the permit issuance.

(Rec.

1;

Rec. Supplement

1).

Pertaining

to the recommended relief from

the requirements

of Section 502.106(d),

the Respondent

has

indicated that “it

is the Agency’s position that variance from

this provision relieves Arlington Park Racetrack from the

requirements of

its implementation schedule and that they will

then be able

to employ

the temporary measures described

in their

petition for

this year’s

shortened racing schedule.”

(Rec.

Supplement

1).

Moreover, the Agency has emphasized

that

the Petitioner has

a detailed program of specified actions to

significantly reduce any potentially adverse environmental impact

of any contaminated stormwater

runoff.

(Rec.

Supplement

2).

To help ascertain the appropriate course

of action as to

whether

to relocate

the another site or

to remain and rebuild

the

Arlington Park Racetrack facility, the Petitioner

plans

to hold

races during

the time period from August 19,

1986 to September

1,

1986.

(Rec.

2).

In order

to minimize any environmental impact

upon the receiving stream,

the Petitioner has plans

to implement

an extensive series of actions

to minimize any

impact of surface

drainage from the

stable areas

of its facility.

On pages two and

71-460

---

—3—

three

of

its letter

to the Agency dated July 24,

1986,

the

Petitioner has described

its compliance program as follows:

A number

of actions have been,

and will be,

taken

by the Arlington Park staff

to mitigate any impact

of

park operations on the Salt Creek water quality.

These

actions will continue until all horses have left the

stables

in September,

1986.

The following actions have

been,

and will

be, implemented

in order

to minimize any

adverse environmental impacts of park operations:

(a)

The number of horses stabled at the Park will be

reduced from the normally stabled number

of 2,200

during

the racing season

to 1,200 for the 1986

racing season;

(b)

The length of the racing season will

be reduced

from the approximate 120 day normal season

to only

two weeks for

the 1986 season

(August

19 through

September

1);

(c)

Barn number

2,

3,

4 and

5 which are located

adjacent

to Salt Creek will not be used

in the 1986

season.

Drainage from the barn area will continue

to receive chlorination prior

to discharge.

In

earlier years approximately BOO horses were stabled

in barn numbers

2,

3,

4

and

5.

Horses will

be

moved

to barns more remote from the creek

and

to

barns with unpaved perimeter areas in an effort

to

produce smaller quantities

of any runoff

to the

creek;

Cd)

The outlet from the lake in the center

of the track

has been plugged.

Lake level will

be controlled by

utilization of

the lake water

for on—site

irrigation of grass horse

tracks.

The irrigation

wil.

be carefully controlled

to

assure

it produces

no runoff;

(e)

A major housekeeping effort will

be undertaken at

the Park.

Ten park employees will work full—time

cleaning stable areas subject

to runoff.

The

assistance of trainers and other

horse personnel

have been,

and will be,

enlisted

in maintaining

park cleanliness.

The contractor for

removing

stable area waste will

be closely supervised

by

senior park staff.

The mechanical street cleaner

will be operated

at least

three times per day

(or

more,

if required)

to ensure cleanliness;

(f)

All chiorinators,

including those

for

unused

barns

2,

3,

4

and

5, will

be used during

the time

71-461

---

—4—

horses

are stabled

at the Park.

Chlorine

residuai

will be monitored and documented at each outfall;

(g)

Each catch basin will

be regularly pumped out to

ensure that space is available to capture

settleable debris;

(h)

In an effort

to reduce discharge of

suspended

solids at outfall 15B,

the existing clay road has

been paved.

Additional

solids at this location

will be captured by a rack filter

installed at the

drainage inlet.”

(Pet.

2—3).

Additionally,

the Petitioner has stressed that “drinking

water

is not impacted by or involved with this request for

a

provisional

variance.”

(Pet.

2).

Moreover,

the Petitioner has

indicated that:

Adverse

impacts

on Salt Creek will

be minimal,

if

any.

Some increase

in suspended solids and biochemical

oxygen demand with attendant reduction

in stream

dissolved oxygen levels may result from the discharge.

Levels of fecal coliforms

in the stream should be

improved and reduced due

to the chlorine residual

maintained

in discharges and

the use of chiorinators on

the site.”

(Pet.

2).

Accordingly,

the Petitioner has concluded

that “all

known

feasible methods of reducing or eliminating any adverse

impacts

on Salt Creek are being

implemented.”

(Pet.

4).

In support

of

its good faith efforts to protect the environment, the Petitioner

has

noted

that:

The Illinois Environmental Protection Agency

issued

a NPDES permit to Arlington Park Racetrack,

Ltd.

with

an expiration date of October

1, 1988.

At the time

of the fire

in July, 1985 that destroyed the Arlington

Park racetrack,

the applicant had been working with the

Agency and consultants with

the intention of commencing

construction between September 1985 and August

1986 of

extensive plans with

the objectives outlined

in the

attached July 30, 1985 letter

from Mr. James

A.

Zdeb of

McDonough Associates Inc.,

the racetrack’s engineers,

to

Mr.

S. Alan Keller, Manager

—

Watershed Unit,

Permit

Section, Division

of Water Pollution Control.”

(Pet.

4).

In

its

Recommendation,

the

Agency

has

supported

the

Petitioner’s

statements

in

reference

to

the

minimal

environmental

impact of operations and has concluded

that “in light of the

actions and precautions which

the Petitioner has outlined,

the

Agency expects any adverse environmental

impact

on

the

receiving

stream

to be minimal.”

(Rec.

2).

71-462

---

—5—

Arlington Park Racetrack’s compliance with

certain requirements

of its NPDES permit would impose on

it arbitrary and unreasonable hardship for

the following

reasons:

The racetrack was destroyed by fire in July,

1985 and the future of the racetrack at its present

location is undecided at this time;

the holding

of the

Arlington Million horserace and other prize races are

a

tradition that is known and popular locally, nationally

and world—wide;

substantial sums of money have been,

and

will

be, spent by the owners of Arlington Park

to stable

and race horses during the period August

1 through

September 30, 1986;

the stabling and racing of horses

in

August

and September

is significant

to the economic

welfare of

the State

of Illinois and the community and

businesses surrounding

the racetrack;

the numerous past

and present efforts made by Arlington Park

to reduce

and/or eliminate any environmental problems;

and the

lack of any harm to the environment or the public.”

(Pet.

2).

The Respondent concurs with the Petitioner’s viewpoint

pertaining

to the existence of an arbitrary or

unreasonable

hardship

if

the

requested relief were denied and states that “the

Agency agrees

that denial of Petitioner’s request would impose an

arbitrary and unreasonable hardship upon Petitioner due

to the

severely curtailed racing schedule and the losses realized due

to

the fire.”

(Rec.

2).

The Agency has also indicated that there are no Federal

regulations

that would preclude

the granting of the requested

provisional variance and

there are no public water supplies which

would be adversely affected by the granting of

the requested

relief.

(Rec.

2).

The Agency has

therefore concluded that compliance

on

a

short—term basis with the applicable standards would impose an

arbitrary or

unreasonable hardship upon the Arlington Park

Racetrack.

Accordingly,

the Agency has recommended that the

Board grant

the Petitioner

a provisional variance from 35

Ill.

Adin.

Code 302.203, 302.206, 302.209,

and 502.106(d),

subject

to

certain conditions.

Pursuant

to Section 35(b)

of the Illinois Environmental

Protection Act,

the Board will grant

the provisional variance as

recommended.

This Opinion constitutes

the Board’s findings of

fact and

conclusions

of law

in this matter.

71-463

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—6—

ORDER

The Petitioner,

the Arlington Park Racetrack,

is hereby

granted a provisional variance from 35 Ill. Adm. Code 302.203,

302.206, 302.209,

and 502.106(d)

to allow surface drainage from

its stable

area,

su.bject to the following conditions:

1.

The provisional variance shall

commence on

August

1, 1986 and continue for 45 days through

September

14,

1986.

2.

The Petitioner

shall

implement and adhere

to the

actions outlined

in Item

8

of its variance petition

so as

to minimize the impact of any discharge

to

Salt

Creek.

3.

Within

10 days

of the date of

the Board’s Order,

the

Petitioner

shall

execute a Certification of

Acceptance

and

Agreement

which

shall

be

sent

to

Mr. James Frost of

the Agency at the following

address:

Mr. James Frost

Illinois Environmental Protection Agency

Division

of Water Pollution Control

2200 Churchill Road

Springfield, Illinois

62706

This certification shall

have the following form:

I,

(We), __________________________________,

having read

the

Order

of the Illinois Pollution Control Board in PCB 86—117

dated

July 31,

1986, understand

and accept

the said Order,

realizing

that such acceptance

renders all terms and conditions thereto

binding and enforceable.

Petitioner

By:

Authorized Agent

Title

Date

71-464

---

—7—

4.

The Respondent’s July

31, 1986 Notion

to Supplement

the Agency Recommendation is hereby granted.

IT

IS

SO ORDERED.

I,

Dorothy

M.

Gunri, Clerk of

the Illinois Pollution Control

Board, hereby certify that the above ~Qpinion and Order was

adopted

on the

~/i2_-~

day

of

____________________,

1986 by a

vote

of

_______________.

~‘~‘

/

~//

~

~

Dorothy M.

Gtinn, Clerk

Illinois Pollution Control Board

71.465