WEST

SUBURBAN

ASSOCIATION

FOR RETARDED

CHLDPTU

~NCO

PCB 82~~66

ILLINOIS ENVIRONMEN~PLPROTECTION

AGENCY,

OPINION

AND ORDER CT TIT BOARD (by I

G.

Goodman):

West Suburbar A~~iationfor Retarded Children,

Inc.

(West

Suburban)

filed a petition for variance from Section 309.241,

(former

Rule 962~a~c~(halter 3:

Water Pollution) on May

25,

1982.

On May 27,

1982 ~he Board allowed West Suburban forty~five

days to

correct tIe peti~ion~edeficiencies and on

its own motion

joined

the Village of Lombard (Lombard)

as a

petitioner.

On July

21,

1982 the

Board a~ceptedthe amended petition

filed on July 13,

1982.

The

amended pE~t1t1onrequested expedited consideration,

but

public hearing was ~Jther

requested or waived.

The

Board ordered

West

Suburban tc euhiiit an affidavit if it chose

to waive hearing.

On August

4,

1982 t~

‘ard received West Suburban~swaiver and

affidavit.

On Atgu~t

~,

1982 West Suburban renewed its motion

for expedited cor

~ratLoi~, stating that a decision was needed

on or before Sepuembor 2~1982 to preserve federal grant

con~

struction money.

T~t r t~onis hereby granted.

West Suburbar

seek: veriance from the Standards of Issuance

rule,

Section 309 241,

so that it may obtain a permit to con~~

struct and use a se~’erconrection to the Lombard sewer system.

Since July 16,

198C the o’i~ireLombard sewer system has been on

Restricted Status due

~

surcharging

sewers, overflows and base~

ment bacJo’~ups,

Witnout

s permit, West Suburban cannot obtain

grant money from ~he Department of Housing and Urban Development

(MUD)

to construct a r~sidential facility to train mentally

retarded children which it intends to construct and operate

at

1005 East Division Stre~t,Lombard,

Du

Page County,

Illinois,

The facility will be ~‘eec1

by approximately twenty~five

persons,

most of whom already r~,sideelsewhere in Lombard,

West Suburban

has already obtained the necessary zoning amendments for the

property in question on June

14,

1979 and variance from Lombard~s

building moratoriwr on July 9,

1981.

(Pet,

Ex.

B and C).

Now

variance from Lombard s Restricted Status is required so that

48~91

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2

West Suburban

~ay obtain permits to construct and operate

a sewer

extension

prior to the Lombard sewer system being removed

from

Restricted

Status,

The Lombard

sewer system includes combined and separate sewer

systems

with basically three interceptor sewers.

West Suburba&s

planned

sewer extension will he a tributary to a 108 inch inter-

ceptor.

Using its own funds, Lombard has been upgrading the

sewer

system serviced

by this interceptor.

Currently Lombard is

con~

structing a

West Side interceptor which should remove approximately

5,300 P.R.

from the intexceptor.

Three manholes in the area are

to be repaired

within the coming year.

It is estimated that these

actions

will reduce infiltration/inflow to the 108 inch interceptor

by 3,400 gpd

or 34 P.E.

In addition to Lombard~sefforts, West Suburban alleges that

the proposed

sewer extension will not aggravate the existing sewer

system

or cause additional environmental harm.

The proposed exten~

sion is

adequate for all dry weather flows.

Furthermore, adverse

effects during

wet weather should be alleviated in that:

1)

occupancy of the proposed residence should not be until

Spring,

1983 after Lombard has completed the repairs to

the three manholes;

2)

a sump pump will be removed from another interceptor,

reducing 108 P.E. from the entire system;

3)

development of the property will reduce sheet run—off

by approximately 3.68 of

5;

and

4)

that the majority of the proposed residents already

reside in and use the Lombard sewer system.

West

Suburban alleges that

if variance is denied it will

suffer arbitrary

and unreasonable hardship losing both the

time

and money,

approximately $2,000,

already invested in developing

this site.

More importantly,

West Suburban states that variance

denied

may mean the permanent loss of this facility because the

HUD grant

would be lost, and that the retarded children

and adults

to be cared

for would become wards of the State,

The

Agency agreed that the proposed extension should not

aggravate

environmental harm,

It did question whether

allotting

reduction

for the sheet run~~off

was accurate in that this

amount

would be

released directly into the sewer system, as opposed

to

infiltration,

and noted that removing the sump pump would

only

reduce the

flow to the system as a whole rather than the

108 inch

interceptor

specifically.

However, the Agency

adduced that due

to the work

already done by Lombard

and

that

planned under the

Construction

Grant Program, the West Suburban

sewer extension

should not

aggravate or cause environmental problems,

48~92

---

3

The Board finds that

the proposed extension would not

cause

environmental

harm should variance be granted.

Occupancy

by

approximately

twenty-five persons is not anticipated until

three

manholes surrounding

the extension

are

repaired at an estimated

flow reduction

of 3,400 gpd or 34 P,E.

Since the sewer extension

currently located at

the proposed site is estimated at 4 P.E,,

this means

that approximately an additional

20 P,E. will be

intro-

duced into the 108 inch

interceptor

should variance be granted.

Therefore,

the increased flow of the

proposed sewer extension

should be accommodated by

the

reductions anticipated by the man-

hole repairs.

The only alternative

to the

sewer extension would

be the use of a

septic

system which the Board has found in the

past to be useful

only as

a

last

resort due

to its

characteris-

tics and the poor

perculation

rate of the soils

in this area.

In addition,

the Board finds that

the possibility

of

environ-

mental harm is

reduced because the

proposed occupants already

reside in Lombard,

Although they may

not

be

in homes on the

same interceptor,

the system as

a whole should not be affected

by relocating

these persons.

The Board finds that

West

Suburban has sufficiently demon-~

strated that

arbitrary and

unnecessary hardship would result

should variance

be denied.

The amount of money

and time invested

to date is

not great, but the loss of the HUD grant

money and sub-

sequent loss

of this facility to the community

would result in a

harm not necessarily

valued in

dollars.

Variance

from

Section

309,241

is

granted to Lombard so that

West

Suburban may obtain

the necessary

permits for construction

and

operation

of a sewer

extension,

subject to the certain conditions.

This Opinion constitutes the findings of fact and conclusions

of law of the

Board in this matter,

ORDER

The Village

of Lombard is

granted variance from Section

309,241,

Standards of Issuance,

so that Petitioner, West Suburban

Association

for Retarded Children,

Inc., may obtain construction

and operating

permits from the Illinois Environmental Protection

Agency

for a sewer extension located at 1005 East Division

Street,

Lombard,

Du Page County,

Illinois, subject to the following

conditions:

1)

The

Village of Lombard shall repair manholes C—310,

C—5491, and C—525 prior to occupancy of the proposed

residence and shall report the repairs completed to

the Illinois Environmental Protection Agency,

2)

No more than twenty—five

(25) persons shall occupy

serviced by the 108 inch interceptor is removed from

Restricted Status,

48-93

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4

3)

Within forty-five days of the date of this Order,

Petitioner shall execute and forward to the Illinois

Environmental Protection Agency, 2200 Churchill Road,

Springfield,

Illinois 62706,

a Certificate of Acceptance

and Agreement to be bound to all terms and conditions

of this variance.

This

forty-five day period shall be

held in abeyance for any period this matter is being

appealed.

The form of the certificate shall be as

CERTIFICATE

I, (We)_

having read

the Order of the Illinois Pollution Control Board in PCB 82—66,

dated

,

By:

Title

Control Board, hereby ç~rtifythat th

above Opinion and Order

was adopte~on the

~.

“

day of

_______________,

1982 by a

vote o~

~

Christan L. Moff

Illinois Pollution

ontrol Board