ILLINOIS POLLUTION CONTROL BOARD

September

2, 1982

EQUITY ASSOCIATES INCORPORATED

)

AND VILLAGE OF LISLE,

)

Petitioners,

PCB 82—76

)

ILLINOIS

ENVIRONMENTAL PROTECTION

)

AGENCY, COUNTY OF

DU PAGE DEPARTMENT

)

OF PUBLIC WORKS,

CORPORATE WEST

DEVELOPMENT INC., T.T,P.

JOINT VENTURE,

)

FIRST CONSOLIDATED PROPERTIES,

INC.,

)

and CONTINENTAL ILLINOIS NATIONAL

)

BANK AND TRUST COMPANY

OF CHICAGO,

)

Respondents.

OPINION AND ORDER OF THE BOARD

(by I. G. Goodman):

On June 11,

1982 Equity

Associates

Incorporated (Equity)

and the Village of Lisle

(Lisle) petitioned for variance from

Sections 302.206, 302.209, 304.105, 304,121 and 309.241

(former

Rules 203(d),

203(g),

402,

405 and 962 of Chapter 3:

Water

Pollution).

The petition named the Illinois Environmental

Protection Agency (Agency), the County of DuPage Department of

Public Works

(Department), and Corporate West Development Inc.

(Corporate West) as Respondents.

The Agency filed its Recoin-

mendation on July 30,

1982.

On August

2,

1982 Equity filed a

Response to the Recommendation and a Motion for Expedited Con-

sideration.

On August Ii,

1982 Equity amended its

Petition,

naming

T,T,PO

Joint Venture (T,T,P.), First Consolidated

Properties,

Inc.,, and Continental Illinois National Bank and

Trust Company as additional Respondents and amended the Motion

for Expedited Consideration.

The Board granted the Motion on

August 18, 1982.

The Agency filed its amended Recommendation

on August 27,

1982.

Equity is seeking variance from the above rules pertaining

to dissolved oxygen,

fecal coliforrn and

Restricted Status so that

it can develop a parcel of land located immediately north of the

East—West Tollway and east of Naperville Road in DuPage County,

Illinois.

Pursuant to

a boundary agreement reached April

6,

1982

between Lisle and the Village of Naperville, this parcel must

obtain sewer service from the Department~sLisle—Woodridge sewer

system.

This system is on Restricted Status pending completion

of the Green Valley sewage treatment plant, expected by July,

1983.

Currently the Agency is not issuing construction permits

for this system.

48-111

---

2

To

develop this parcel, Equity needs variance from the

Restricted Status imposed on the Lisle~~Woodridgesystem in order

to obtain construction permits for necessary sewer extensions;

variance from the terms of the variance granted in ~2~~ate

West,

Inc.

v.

IEPA,

PCB

90~~96

et

al.,

August

7,

1980

in

order to

expand

either

the

Corporate

We~tor

T.T.P.

interim

treatment

plant

named

therein as a means of offsetting the additional

loadings

from

the

Equity project; and variance concurrent to that

granted

for

fecal coliform and dissolved oxygen limits in Corporate West,

Inc.

V.

IEPA, PCB 81~l74,February 4,

1982.

In a two—phase program, Equity intends to construct three

buildings

on

the 23 acre plat, which combined will require

approx-

imately 60,000 gallons per day treatment capacity.

This project

is estimated to temporarily create 150 construction jobs, and

upon completion in Spring,

1984 to create office space for 1,600

to 2,400 persons,

Completion of Phase I, two buildings, is

expected to increase real estate tax revenues by over $400,000

per year.

If variance is denied,

Equity estimates that

it will

suffer an jnvestment loss of over $3.5 million,

The Board, how-

ever,

notes that the benefits of this expenditure would not be

lost,

but instead deferred should variance be denied.

To alleviate overloading the existing system, which would

result in environmental harm, Equity proposes a plan much the

same as that accepted in ~

v.

IEPA,

PCB 80-196

et al.

Instead of constructing an interim treatment plant, how-

ever, it will expand either the Corporate West or T.T.P. package

plant by 60,000 gallons per day treatment capacity, the amount

equivalent as that is anticipated to be added to the system by

the Equity project.

Expansion

of

either plant is estimated to

cost approximately $235,000.

Construction schedules as set out

in Equity~samended petition ar~similar, with construction com-

pleted at the latest by July 1,

1983,

The principal ~ifference

between the two plans

:Ls that Corporate West package plant dis-

charges to Rott Creek and then to the East Branch DuPage River,

and the T.T.P. package plant discharges directly to the East

Branch DuPage River,

Also, the

T.,T.P,

alternative

may

be

superior since it is located oi~

a

larger interceptor than the

Corporate West plant serving the overloaded Lis1e—Woo~ridgeplants.

Lastly,

Equity represents that its choice of alternatives will

be

made no later than September

16,

1984,

The Agency Recommendation cites no environmental harm created

if Equity is granted variance subject to the same conditions set

out in Corporate West,

Inc.,

Id.

Although the Equity project will

not require actual treatment capacity until one year after the

Green Valley sewage treatment plant

is expected to be on line, the

Agency did state Equity should not be granted variance in reliance

of its anticipated treatment capacity.

48-112

---

3

Considering

the lack of environmental harm

should the variance

be

granted

and

the hardship

to

Equity

and

the

surrounding area

should

the

variance he denied, the Board shall

grant the requested

variance

under

certain conditions.

The

Board

finds

that

the

alter-

native

plans

proposed by Equity adequately assure that

no environ-

mental harm

will occur~ Furthermore, the Board

finds

that Equity’s

plans are

sufficiently similar to that set out

in Corporate West,

Inc.,

id. to

allow variance in accordance with that Order.

This

Opinion

ccnstitutes

the Board’s findings of fact and

law

in

this

matter,

ORDER

1.

Variance is

hereby granted to Equity Associates Incorporated

and Village

of Lisle from 35 Illinois Administrative

Code

Sections

302~206, 302.209,

304.105, and 304.121, as they

apply

to dissolved oxygen and

fecal coliform for the purpose

of constructing

and

operating

an expansion of either the

Corporate

West or T..T,P~Joint Ventures package treatment

plant,

under

the

following

conditions:

A.

Equity

Associates

Incorporated shall determine which

plant

is

to

he

expanded

no later than September 16,

1982

and

thereafter

so

inform

the Illinois Environmental

Protection Agency.

B.

Equity Associates Incorporated

shall comply with the

construction

schedule,

applicable to its choice of

plants,

as

contained

in

its

Petition,

with

construc-

tion

completed no

later

than

July

1,

1983.

C.

Equity

Associates Incorporated

shall

expand

the

chosen

interim wastewater

treatment plant to treat

at

a

minimum,

a design average flow

equivalent to that estimated to

flow from its development

project.

0.

Both Petitioners shall comply with the appropriate

conditions set out

in

Paragraph

1

of

the

Order

in

Co1~9~te

West

Inc.

v. Illinois Environmental

~~ectio~iAenc,

PCB 80—96 et al.,

August

7,

1980.

2.

Variance

is hereby granted to Equity Associates Incorporated

and Village

of Lisle from

35 Illinois Administrative Code

Section

309.241

for the

purpose of

constructing and

con-

necting

a sewer

extension

to the Lisle—Woodridge Sewage

Treatment

system upon the

condition that Petitioners

execute

their duties

listed

under Paragraph

1 of this Order.

3.

Within

forty~-fivedays of

the date of this Order, Petitioner

shall

execute and forward

48-113

---

4

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

CERTIFICATE

I,

(We),

,

By:

Authorized Agent

Control Board, hereb~c~,e~tify

that the above Opinion and Order

was adopte4,~onthe

~“

day of

_____________,

vote of

~~—O

Christan L.

McJj~tt,

Clerk

—

-

Illinois Pollution Control Board