ILLINOIS POLLUTION CONTROL BOARD

November

7, 1985

VILLAGE OF

ROt4EOVILLE,

Petitioner,

v.

)

PCB 84—179

I~LI~1OISENVIRONMEI~~1TAL

PR3TECPION

AGENCY,

Respondent.

3PINIO~AND ORDER OF TUE BOARD

(by

R

C.

Flemal):

This matter originally came before

the Board on

a petition

for variance filed

by the Village of Romeoville (“Romeoville”)

on

December

10,

1984.

On December

20,

1984,

the Board

noted various

deficiencies

in the petition and entered

an order

allowing the

petitioner

45 days to file an amended petition~.

On March

29,

1985, Romeoville

asked

for

an extension of this deadline,

and

on

April

4,

1985,

the Board extended the date for filing of

an

amended petition to June 1,

1985.

Romeoville subsequently filed amended petitions

on May

31,

1985,

and July

15,

1985.

Petitioner

seeks variance from 35 IlL

Adm

Code 302. 209

(fecal coliform water quality standard),

304, 121

(fecal coliform effluent standard), and

305. 102

(reporting requirements,

as they relate

to fecal coliform and

chlorine residual) until July

1,

1988,

and effective

for the

two

separate sewage treatment plants operated by Petitioner.

The

expressed intent of Petitioner was

to obviate the need to

reinstall and operate chlorination disinfection facilities.

Petitioner waived hearing.

However,

on July 17,

1985,

the

Board received a citizen objection to the requested relief from

~rs. Gisela Topoiski.

Accordingly, the matter was set for

hearing, which was originally scheduled for October

1,

1985,

and

subsequently cancelled due to scheduling difficulties.

The Illinois Environmental Protection Agency

(“Agency11)

filed

a recommendation

in this matter

on August

26,

1985, which

recommended that the Board deny the variance relief requested by

Romeoville.

The Agency contended

in major part that Petitioner

had not shown arbitrary or unreasonable hardship, nor had

it

shown that the impact on the public would

be minimal.

On October

28, 1985,

the Agency submitted an amended

recommendation accompanied by a motion for leave

to file.

The

amended recommendation includes affidavits attesting

to certain

facts germane to

resolution of

this matter.

The motion

is

accordingly granted.

The parties

of record have been served with

copies of these October

28 filings,

and no response has been

received.

---

—2—

In its amended recommendation and attached affidavits the

Agency notes that chlorination equipment was installed on or

about September 23, 1985, at

both

sewage treatment plants

operated by Petitioner.

& visit to the two plants by Agency

field personnel on October 7, 1985, also showed the chlorination

equipment to be in operation.

On November 5, 1985, Mrs. Topolski, having been served by

the Agency with copies of the Agency’s October 28, 1985, filinge

withdrew her objection.

A principal contention of Petitioner in this matter has been

that the cost of installing chlorination facilities at the two

plants would impose an arbitrary or unreasonable hardship.

The

installation of the equipment has now mooted this issue.

The only additional matter of hardship alleged by Petitioner

is the cost of continuing operation of the chlorination

facilities.

The Board cannot find that operations costs

associated with such standard facilities constitute an arbitrary

or unreasonable hardship.

In summary the Board finds that arbitrary or unreasonable

hardship does not exist.

The request for variance is accordingly

denied.

This Opinion constitutes the Board’s findings of. fact and

conclusions of law in this matter.

ORDER

The Village of Romeoville is hereby denied a variance from

35 Ill.

Ada.

Code 302.209, 304,121,

and 305.102 as these pertain

to fecal coliform and chlorine residual.

IT IS SO ORDERED.

I, Dorothy N.

Gunn, Clerk of the Illinois Pollution Control

Board,_hereby certify tha

the above Order was adopted on the

of

day of

1985, by a vote

Dorot y N.

unn,

Cr

Illinois Pollution Control