ILLINOIS POLLUTION CONTROL BOARD
October
5,
1982
CITY OF ASSUMPTION,
)
Petitioner,
v.
)
PCB 82—94
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.
Anderson):
This matter comes before the Board on the Jul~’28,
1982
petition for variance filed by the City of Assumption
(City).
The City seeks extension of its previous 9—month variance
(PCB 81—103,
October 22,
1981)
from the 400/100 ml. fecal
coliform limitation of
35
111. Mm. Code Subtitle C, Chap.
1,
Sec.
304.121
(formerly Rule 405 of Chapter
3:
Water Pollution).
On August 30,
1982 the Illinois Environmental Protection Agency
(Agency) recommended grant of variance until August
1,
1983.
Hearing was waived and none has been held.
This Opinion incorporates that in PCB 81—103.
As explained
in PCB 81—103,
the City’s existing sewage treatment plant
(STP),
which has
no disinfection facilities, discharges
to Big George
Creek, tributary to the Sangamon River.
Variance was granted
until July
31, 1982 based
in part on the City’s projection that
it would have completed upgrading its plant with the aid of
Step 2—3 funding through the Construction Grants Program.
The City has been unable to do so because of its inability
t
obtain financing for its $490,000 local share of the $1,200,000
costs for STP rehabilitation.
(The City has proceeded to use
“money—on—hand”
to proceed with a $400,000 field tile separation
and
influent pump station project.)
The City’s municipal bond
consultant was unable to promote
a sale of City sewer revenue
bonds on the private market.
The City had also applied to the
Farmers Home Administration (FmHA)
for a loan commitment.
While
FmHA expressed interest in the project
in January,
1982,
it was
unable to make a loan offer because of Illinois’
statutory limit
on the interest rate public corporations could pay on indebted-
ness pursuant to
Ill. Rev.
Stat.
Ch.
17,
§6602
(1981).
49-49
2
In its Recommendation,
the Agency noted that this interest
ceiling was raised by the enactment of
PA 82—746, effective
May
12,
1982.
In response to Agency inquiry on August 24,
1982,
the City contacted its bonding company and FmHA and reported
back to the Agency that “financing
can now proceed”.
The Agency again noted,
as
it did in PCB 81—103,
that if
its proposal
in R77—12,
Docket D were
to be adopted, that the
City would not be required to disinfect its effluent as its STP
is
a) more than 20 miles upstream of a licensed bathing beach
(none exist within
60 miles downstream),
and b)
more than 20
miles upstream of a public or food processing water
intake
(the nearest being
that of the Village of Kincaid,
40 miles
downstream).
The Agency recommends grant of variance for
i
period to end August
1,
1983,
subject to conditions.
The Recommendation does not acknowledge the Board’s
adoption on August 18,
1982 of an Order and Proposed Opinion
in R77-12, Docket
D.
The Order adopts,
for Administrative
Procedures Act “second notice” purposes, the essence of the
Agency’s original proposal.
TJpon the Board’s final adoption
and filing of these
rules, the City would no longer be required
to disinfect its effluent.
Based on this record, the Board
finds that denial
of
variance would impose an arbitrary or unreasonable hardship.
The City’s financing problems do not appear to have been of
its own making.
For this reason,
and
the reasons concerning
environmental impact expressed in PCB 81-103, variance is
granted for the term and upon the conditions outlined in the
attached Order.
This Opinion constitutes
the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Petitioner, the City of Assumption,
is granted variance
from 35 Ill. Adm.
Code,
Subtitle
C,
Chap.
1,
Sec. 304.121,
subject to the following conditions:
a)
This variance shall expire on August 31,
1983
or upon the effective date of the changes to Sec.
304.121
proposed in the Board’s Order of August 18,
1982 in R77—12,
Docket
D, whichever occurs
first;
b)
Within 45 days of the date of this Order, the
City shall submit to the Agency a plan for obtaining
financing for its local share of STP upgrading costs.
c)
The City shall expeditiously pursue financing
for and upgrading of its STP.
49-50
3
d)
Within forty—five days of the date of this Order,
Petitioner shall execute and forward to the Steven M.
Spiegel,
Attorney Advisor, Enforcement Programs,
Illinois Environmental
Protection Agency,
2200 Churchill Road, Springfield,
IL
62706,
a Certificate of Acceptance and Agreement
to he bound
to all
terms and conditions of this variance.
This forty—five day
period shall be held
in abayence for any period this matter
is being appealed.
The form of the certificate shall be as
follows:
CERTIFICATE
I,
(We),
_____—-
—~_____
_,
having read
the Order of the Illinois Pollution Control Board in PCB 82—94,
dated ______________________________,
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
IT IS SO ORDERED.
Board
Chairman
3. Dumelle dissented.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby~certify that
the• abpve Opinion and Order
was
adopted
a
he
~‘~—
day of
~-j~
~
___,
1982
by
a
vote
of
-~~(
—.
~.
~
~/~
)~A:
~t
Christan
L.
Moffe~,1 Clerk
Illinois Pollutiont control Board
49-51