ILLINOIS POLLUTION CONTROL

BOARD

April

1,

1982

RIVER OAKS MOBILE HOME

PARK,

)

Petitioner,

v.

)

PCB 82—37

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent,

OPINION AND ORDER OF THE BOARD

(by J.D.

Dumelle):

On March

31,

1982 the Illinois Environmental Protection

Agency (Agency) filed a recommendation that River Oaks Mobile

Home Park

(River Oaks)

be granted a provisional variance

from Rule 404(a)

of Chapter 3:

Water Pollution,

as

it regards

biochemical oxygen demand and suspended solids.

The Agency

has concluded that short—term compliance with these limitations

would impose an arbitrary and unreasonable hardship on River

Oaks,

and that a failure to grant the requested provisional

variance may,

in fact,

cause greater environmental harm than

if it is granted.

Therefore,

pursuant to Section 35(b)

of the

Environmental Protection Act the Board will grant this provisional

variance.

ORDER

The Board hereby grants

a variance to River Oaks Mobile

Home Park from the Rule 404(a)

limitations for BOD5 and suspended

solids until May 7,

1982 subject to the following conditions:

1.

River Oaks

draws down the lagoon level

at least

2

feet, but not more than

4 feet;

2.

River Oaks shall,

as expeditiously as weather permits,

construct the treatment plant additions for which

a permit was issued by the Agency on December

2,

1981;

3.

River Oaks shall notify the Agency at its Springfield

Regional Office when draw down will begin and upon

completion;

4.

River Oaks shall take at least one 24-hour composite

sample of the effluent discharge when drawing

down.

The results

of the analysis of any samples shall be

reported to the Agency within 10 days after the sample

is obtained; and

46—49

---

—2—

5.

River Oaks shall execute a certification of acceptance,

and agreement to be bound by the terms of the variance

within 15 days.

This certificate shall he in the

following form:

CERTIFICATION

I,

(We)

_______________

___,

having read the Order of the

Ilinois Pollution Control Board in PCB 82-37 dated April

1,

1982,

understand and accept 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.

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board hereby ~rtify

that

the

above Opinion and Order

~as adop~edon the

J

day of

—,

1982 by a

vote of~_o.

Q/~~c~yj

~

Christan L. Moffetk~49,érk

Illinois Pollution Control Board

46—50