ILLINOIS POLLUTION CONTROL BOARD
January 10,
1985
OAKBROOK/TAGGERT HOMEOWNER~S
ASSOCIATION, INC.,
an Illinois
not—for—profit corporation,
)
Petitioner,
)
v
)
PCB 84—154
ILLINOIS ENVIRONMENT2~L
PROTECTION AGENCY~
Respondent,
OPINION AND ORDER OF
THE
BOARD
(by
J.
D. Dumelle):
This matter comes before the Board on the petition for
variance of the Oakbrcok/Taggert Homeowner’s Association, Inc.*
(Association) filed on October 12,
1984.
The Petitioner has
requested a variance from the September
1,
1984 deadline for
submission of a construction/operation permit application
(with
the appropriate engineering plans and specifications for the
connection of the sewer system serving the Oakbrook 5th and 6th
Additions to the City of Carlinville’s wastewater treatment
plant)
to the Illinois Environmental Protection Agency
(Agency)
as mandated by item
5 of the May
18,
1984 Board Order in
PCB 83—40
(IEPA v. Oakbrook Utility Company, Inc.).
The Petitioner waived its right to a hearing and no hearing
was held
in this matters
On November 13,
1984, the Agency filed
its Recommendation that variance be granted subject to certain
conditions.
The Petitioner presently operates wastewater treatment
facilities which serve approximately 136 homes located
in the 5th
and 6th Additions of the Oakhrook Subdivision near the inter-
section of State Highways
4 and 108 by the eastern edge of the
City of Carlinville
in Macoupin County, Illinois.
The Association,
*The Petitioner in the jnitial variance petition was desig-
nated as the Oakbrook Utility Company,
Inc.
However, the assets
of the Oakbrook Utility Company,
Inc. were acquired on September 6,
1984 by the Oakbrook/Taggert Homeowner’s Association,
Inc., an
Illinois not-for—profit corporation which is the successor entity.
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—2—
which currently is required to meet the September
1,
1984 deadline
date
for submission of its construction/operation permit application
to the Agency in accord with the Board~sMay 18,
1984 Order in
PCB 83—40, has requested that the deadline date be extended until
January
2,
1985 to allow the Association additional time to
present its engineering plans to the Agency pertaining to the
connection of its sewer system to the City of Carlinville’s
wastewater treatment plant.
(Pet,
:3—4; Rec~1).
The Petitioner
has emphasized that no extension of the September 1,
1985 date
for the completion of construction or the October
1,
1985 date
for the operation of the connection to the City of Carlinville’s
wastewater treatment plant is being requested.
(Pet.
4; Rec,
1).
The enforcement action in PCB 83—40 commenced with the
filing of a Complaint by the Agency on March 18,
1983 which
alleged that the Rellm Utility Company allowed discharges from
the outfall pipes of
its lagoon wastewater system to contain
excessive levels of five—day biochemical oxygen demand
(BOD
)
and
total suspended solids in violation of 35 Ill. Adm, Code 30~.104(a)
and 304.120(c) and Section 12(a) of the Illinois Environmental
Protection Act (Act)~ On June 10,
1983, the Agency filed
an
Amended Complaint to reflect an amendment made to the Bellm
Utility Company~sArticles of Incorporation which changed the
corporate name to Oakbrook Utility Company,
Inc.
(See: Exhibit A).
On September 9,
1983,
the parties filed a Stipulation and Proposal
for Settlement in PCB 83—40
(i.e., ~
Inc.),
On March 21,
1984,
the Board entered an Opinion and Order
in PCB 83—40 which essentially accepted the proposed settlement
agreement developed by the parties.
(See: Exhibits B and C).
Subsequently, on April
27,
1984, the Oakbrook Utility Company,
Inc.
filed a Petition to Modify
the
Board’s
Order of March
21,
1984 in PCB 83—40 which requested that the Board extend the
timetable for compliance which was originally agreed to by the
parties
in their Stipulation to allow the company additional time
to investigate the feasibility of establishing a homeowners’
association to own, operate, and control
its sewer system.
On
May 5,
1984, the Agency filed its Response to the petition to
modify which indicated that the Agency had no objection to the
proposed extension of times
Accordingly, on May
18,
1984,
the
Board entered an Order in PCB 83~40which appropriately modified
the Board’s March 21,
1984 Order~
(See:
Exhibit D),
After various meetings between a committee of utility
customers, the Carlinville City Council, the Illinois Commerce
Commission, the Illinois Attorney General’s Office, and the
Illinois Environmental Protection Agency,
it was determined that
the homeowners could proceed with the requisite construction and
operation of the utility by acquiring the assets of the Oakbrook
Utility Company,
Inc.
(Pet,
2—3)~ The Petitioner has stated
that, on August 29,
1984,
a meeting of concerned homeowners was
held and they decided to form the Oakbrook/Taggert Homeowner’s
62-286
Association to take over the operation of the sewer system serving
the Oakbrook 5th and 6th Additions.
(Pet,
3).
On September 6,
1984, the Association formally filed as a not—for—profit
corporation with the Illinois Secretary of State’s Office.
(Pet.
1—2; Rec, 3),
The Agency has stated that it believes that “the homeowners
have been making good faith efforts toward achieving compliance
with requirements adopted by the Board in the PCB 83-40 pro-
ceedings” despite the fact that “details leading up to formation
of the Association took longer to resolve than had been expected
in early 1984”.
(Rec,
3).
The Agency has noted that, before
incorporating as
a not—for—profit corporation, the local area
homeowners
(via an informal seven member committee) had been
seriously negotiating with the Oakbrook Utility Company,
Inc.
pertaining to the expeditious transfer of assets and ownership.
(Rec.
3).
Additionally, this seven member “sewer committee” had
been busily investigating the availability of loans or other
financing resources, and had actively consulted and worked with
the West Central illinois Valley Regional Planning Commission and
other appropriate agencies during the spring and summer of 1984
in an attempt to properly identify and evaluate financial alter-
natives and sources of financing capital.
(Rec..
3).
The Agency has indicated that it agrees with the Petitioner
that a denial
of the requested variance would constitute an
arbitrary or unreasonable hardship.
(Rec.
3).
In reference to potential environmental impact,
the Agency
believes that the grant of the requested variance will not cause
any adverse environmental
impact because no change
is requested
from the Board ordered deadline for completion of construction
and operation of the sewer connection,
(Rec,
3).
Moreover, the
Association is required to provide optimum operation and mainte-
nance of the lagoon system until the connection of its sewer
system connection to the City of Carlinville’s wastewater
treatment plant is completed pursuant to the Board’s March 21,
1984 and May 18,
1984 Orders in PCB 83—40.
(See: Exhibit
B;
Rec.
3—4).
The Board
finds that denial of variance would impose an
arbitrary or unreasonable hardship upon the Petitioner and will
grant the requested relief, subject to the conditions delineated
in the Order.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter,
ORDER
The Petitioner,
the Oakbrook/Taggert Homeowner’s Association,
Inc.,
is hereby granted a variance from the September
1,
1984
deadline for submission of a construction/operation permit appli—
62-287
—4—
cation
(with the appropriate engineering plans and specifications
for the connection of the sewer system serving the Oakbrook 5th
and 6th Additions to the City of Carlinville~swastewater treatment
plant)
to the Agency
as mandated by Item
5 of the May
18,
1984
Board Order in IEPA v~Oakbrook Utilit
Company~Inca,
PCB 83-40,
subject to the following conditions:
1.
The new deadline for submission of the sewer connection
proposal, necessary permit application, and engineering plans and
specifications shall be January
2,
1905,
instead of September 1,
1984.
2.
The Oakbrcok/Taggert Homeowner’s Association, Inc.,
along with its succe~sc::rsand assigns,
shall comply with all
other provisions of
itho Board’s May
18,
1984 Order in PCB 83—40,
as well as the provisions of the Opinion and Order issued in
PCB 83—40 on March 21~1984 and the Stipulation and Proposal for
Settlement filed therein on September 9,
1983 with any Board—
approved modifications thereof
3.
Within 45 days of the date of this Order, the
Oakbrook/Taggert Homeowner’s Association, Inc.
shall execute and
forward to the Illinois Environmental Protection Agency, Division
of Water Pollution Control, Compliance Assurance Section,
2200
Churchill Road, Springfield, Illinois
62706
(Attention:
Carol
Morrison),
a Certificate of Acceptance and Agreement to be bound
to all terms and conditions of this variance,
This
45 day period
shall be held in abeyance for any period this matter
is being
appealed.
The form of the certificate shall he as follows:
CERTIFICATE
I,
(We),
_________
___
___
having read the Order
of the Illinois Pollution Control
:E3oard
in PCB 84—154, dated
January 10,
1985, 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
62-288
—5--
IT IS SO ORDERED,
I,
Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was adopted
on the
/~Z day of
,
1985 by a vote of
.5~&
Dorothy
M. GuAn, Clerk
Illinois Pollution Control Board
62-289