ILLINOIS POLLUTION CONTROL BOARD
    July
    23,
    1981
    LT. JOSEPH
    P. KENNEDY, JR.
    SCHOOL,
    )
    Petitioner,
    v.
    )
    PCB 81—56
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.D. Dumelle):
    On April 15,
    1981 the Lt. Joseph
    P. Kennedy, Jr.
    School
    (School)
    filed a petition for variance from Rules
    203(d),
    402,
    902(i) and 404(f) of Chapter
    3:
    Water Pollution.
    On
    May 5,
    1981,
    an amended petition waiving hearing was filed
    in response to a Board Order of April 16,
    1981.
    An Illinois
    Environmental Protection Agency (Agency) recommendation to
    grant the variance for Rules 203(d),
    402 and
    (902)(i)(1),
    subject to certain conditions, was filed on June 15,
    1981.
    No hearing was held.
    The School operates a wastewater treatment plant which
    serves a school
    for exceptional children and is located in
    Palos Park.
    Discharge was originally permitted under NPDES
    Permit #IL0024660.
    The Agency has advised the School that
    the permit could not be renewed without the relief sought in
    this proceeding.
    The treatment system consists of an Imhoff tank with a
    dump chamber followed by intermittent sand filter units, a
    chlorination basin and a baffled mixing and retention tank.
    The discharge is located in the east—half of NE
    ¼
    Section 30
    Township
    37 Range 12, East-Third-Cook County and flows into
    an unnamed ditch under Ford Road tributary to the Cal-Sag
    Canal.
    Eventually, these waters discharge to the Des Plaines
    River.
    Average monthly discharge is
    0.011 million gallons per
    day.
    Weekly analysis of BODç and SS from February
    5,
    1981
    to February 26, 1981 shows c~ncentrationsof 2—3 mg/l and 1—4
    mg/i, respectively.
    Since an amendment of Rule 404 of Chapter
    3
    has increased the BOD~/SSlimitation from 4/5 to 10/12 mg/l,
    there is no proof tha~variance from these limitations is
    needed. The Board finds that variance from Rule 404(f)
    is
    unnecessary, and in fact, that rule having been deleted.
    43—83

    —2—
    The relief sought by the School
    is essentially identical t~
    that granted by the Board in Village of Bloomingdale v,EPA
    (PCB 78—124,
    32PCB23, Nov.
    2,
    1978), and the Board’s reasoning in
    that case applies here.
    In Bloomingdale nearly
    300 dischargers
    to the Des Plaines and DuPage Rivers were joined in a variance
    proceeding regarding depressed dissolved oxygen
    (DO) levels in
    those rivers.
    Demonstrations of non—contribution to violations
    of DO by all dischargers was held to impose an arbitrary and
    unreasonable hardship.
    The Board finds that flows involved here are small and the
    quality of the effluent should be good.
    The Board finds that there
    would be little or no adverse environmental impact.
    Using the same
    reasoning for the School
    as for the joined parties in Bloomingdale, the
    Board concludes that a denial of variance from Rules 2O~Td)a~T02
    as they relate to DO, would constitute an arbitrary and unreasonable
    hardship. Variance from these rules should be sufficient to gtve
    the School
    its requested relief.
    Variance from Rules 910(a)(4) and
    910(b)
    is,
    therefore, denied as unnecessary.
    Pursuant to Section 208 of the Federal Water Pollution
    Control Act, the Northeastern Illinois Planning Commission
    (NIPC)
    has developed an areawide wastewater treatment management plan for
    the northeastern Illinois area which includes the portion of Cook
    County where the School
    is located.
    Therefore, under Rule
    902(j)(4) of Chapter
    3 of the Board’s regulations, the School must
    obtain a revision of that plan to include its discharge prior
    to
    Agency approval of construction or operating permits.
    The Board notes that no specific length of time was requested
    for variance, and the Agency made no specific recommendation in
    that regard.
    However, the Board will set a limiting date in
    conformity with other such variances.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    The Lt. Joseph
    P. Kennedy,
    Jr. School is hereby
    granted variance from Rules
    203(d),
    and 402 of
    Chapter
    3 of the Board’s Rules and Regulations
    as they relate to dissolved oxygen water quality
    until October 19,
    1983,
    subject to the following
    conditions:
    a.
    The School shall obtain a modification to the
    NIPC wastewater treatment management plan.
    b.
    The School
    shall operate its treatment plant using
    the best practicable operation and maintenance
    practices.
    c.
    Within 45 days of the date of this Order the
    School
    shall execute and forward to the Board and to
    43—84

    —3—
    the Illinois Environmental Protection Agency,
    Water Pollution Control Division,
    2200 Churchill
    Road,
    Springfield, Illinois 62706,
    a Certification
    of Acceptance and Agreement to be bound to all
    terms and conditions set forth in the Order.
    The
    45 day period shall be held in abeyance during any
    period in which this matter is being appealed.
    The
    form of Certification shall be as follows:
    _______________
    hereby accepts and agrees to
    Petitioner
    be bound by all terms and conditions of the order
    of the
    Pollution Control Board in PCB #81—56,
    dated __________________________
    Petitioner
    —_________
    By ____________________—____
    ,
    authorized agent
    Title
    Date
    _________________
    ______
    2.
    The School
    is denied variance from Rules 404(f),
    910(a)(4)
    and 910(b) of Chapter
    3: Water Pollution.
    3.
    The School
    shall obtain the necessary construction and
    operating permits from the Illinois Environmental
    Protection Agency.
    IT
    IS SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    was adopted on the
    ~?‘~-~
    day of
    ____________,
    1981 by a vote
    of
    ç’-~)
    *
    ~
    ii ~
    Christan L. Mo~fett,/~’erk
    Illinois Pollution Control Board
    43—85

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