ILLINOIS POLLUTION CONTROL BOARD
    August 7,
    1981
    MIDWEST BAPTIST CONFERENCE,
    )
    )
    Petitioner,
    v.
    )
    PCB 81—55
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.D. Dumelle):
    On April 15,
    1981 Midwest Baptist Conference (Midwest)
    filed a petition for variance
    from
    Rules 203(d),
    402, 404(f)
    and 902(i)(1) of Chapter 3:
    Water Pollution.
    In response
    to the Board’s April
    16,
    1981 Order requesting more information,
    Midwest filed an amended petition curing the noted defects
    on April 29,
    1981.
    A hearing was scheduled on this matter
    upon the May 18,
    1981 filing of Long Lake Improvement and
    Sanitation Association of an objection to the variance.
    However,
    that objection was later withdrawn,
    and no hearing
    was held.
    While the Board is, in general, reluctant to cancel
    hearings after notice has appeared in the Environmental ~ister,
    in this case it appears that everyone’s due process rights
    have been protected.*
    On June
    5,
    1981 the Illinois Environmental
    Protection Agency (Agency)
    filed a recommendation that the variance
    be granted in part,
    subject to conditions.
    Midwest operates a wastewater treatment plant (WTP) which
    serves a religious and recreational summer camp, Camp Hickory,
    located in Lake County.
    The WTP’s maximum daily flow of
    14,000 gallons is discharged into a backwater-slough of Squaw
    Creek and eventually empties into the Lake County Chain of
    Lakes and thereafter to the Fox River.
    Treatment includes
    an Imhoff tank,
    a chlorine contact chamber,
    and intermittent
    sand filters.
    Current discharges range from 4-6 mg/i BOD5.
    *
    Hearing had been set on July 23,
    1981, but was cancelled the
    day before based upon the representation by the objector that he
    would withdraw his objection.
    Statements from the objector, from
    Midwest’s attorney,
    and from the secretary near the hearing room,
    who likely would have been questioned by anyone desiring to attend
    the hearing, indicate that the only person who
    cat~ieto the hearing
    room on the date of hearing was the objector who has, in fact, no~z
    withdrawn his objection.
    43— 14 1

    —2—
    It is the Agency’s position that had Midwest not been
    overlooked by the Agency at the time of the variance proceeding
    Bloomingdale v. EPA (PCB 78—124,
    32 PCB 23, Nov.
    2,
    1978)
    that
    it would have been included among the over 280 joined petitioners.
    That case held that demonstrations of non-contribution to
    violations
    of dissolved oxygen
    (DO) standards by dischargers within
    the six county Chicago Metropolitan area would impose an arbitrary
    and unreasonable hardship.
    Since Lake County is within that
    area, the reasoning in that case applies here.
    The Board finds that flows involved here are small and
    the quality of the effluent is good.
    The Board finds that
    there would be little or no adverse environmental impact.
    Given the Agency’s allegation that had Midwest not been overlooked
    by the Agency,
    it would have been included in the joined parties
    in Bloomingdale, the Board concludes that a denial of variance
    from Rules 203(d) and 402 as they relate to DO and Rule 902(a)(1)
    as it relates to NPDES permit renewal prerequisites, would
    constitute an arbitrary and unreasonable hardship.
    The Board finds that variance from Rule 404(f)
    is unnecessary
    in that the rule was deleted effective May
    7,
    1981.
    Thus,
    the
    4 mg/i 80D5 and
    5 mg/l SS limitations have now been replaced
    with a 10/12 limitation.
    Since Midwest’s Discharge Monitoring
    Reports indicate no violations of the present Rule 404 standards,
    no variance will be granted from that Rule.
    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 Lake County where Midwest is located.
    Therefore,
    under Rule
    902(j)(4) of Chapter
    3 of the Board’s regulations,
    Midwest must obtain a revision of that plan to include its
    discharge prior to Agency approval of construction of operating
    permits.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    1.
    The Midwest Baptist Conference is hereby granted variance
    from Rules
    203(d),
    402, and 902(i)(1)
    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.
    Midwest shall obtain a modification to the
    NIPC wastewater treatment management plan;
    43—142

    —3—
    b.
    Midwest shall operate its treatment plant using
    the best practicable operation and maintenance
    practices; and
    c.
    Within 45 days of the date of this Order,
    Midwest shall execute and forward to the Board
    and to 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:
    CERTIFICATION
    __________________________
    hereby accepts and agrees to be
    Petitioner
    bound by all terms and conditions of the Order of the Pollution
    Control Board in PCB 81—55,
    dated
    Petitioner
    By
    Authorized Agent
    -
    Title
    Date
    _____________________________
    2.
    Midwest is denied variance from Rule 404(f) of Chapter
    3:
    Water Pollution.
    3.
    The Illinois Environmental Protection Agency is hereby
    authorized to issue a renewed NPDES permit consistent with the
    terms and conditions of the variance relief granted in
    (1),
    above.
    IT IS SO ORDERED.
    J.
    Anderson and I. Goodman concur.
    I, Christan L. Moffett,
    Clerk of the Illinois Pol.uton
    Control Board, hereb~1ç~ertify
    that the above Opinion and
    Order
    was adopted on the
    /
    day of
    ~
    ,
    1981 by a vote
    of ~‘-O
    O
    7-I
    /
    ~
    Christan L. Moff’e~ Clerk
    -
    Illinois Poilutith~ControlBoard
    43—143

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