ILLINOIS POLLUTION CONTROL BOARD
November
15,
1979
VILLAGE OF ROUND LAKE PARK,
Petitioner,
v.
)
PCB 79—178
ENVIORNMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
Petitioner has requested a variance from Rule 402 with
respect to dissolved oxygen and Rule 404
(f)
of Chapter
3:
Water Pollution.
The Agency has recommended that a variance
be granted subject to conditions.
No hearing was held.
Petitioner is located in northwest Lake County.
Present
sanitary wastes
are discharged into the Northwest Regional
Interceptor which eventually discharges into the Chain
O’Lakes tributary to
the Fox River.
An Annexation Agreement
between Petitioner and Unity Ventures,
Inc. was entered into
on August
25,
1976.
The property annexed, approximately 610
acres,
is zoned for single—family residential, multi—family,
commercial and industrial purposes.
Petitioner originally
had an agreement with Lake County in which the County was to
construct an interceptor and trunk
sewer to transport Petitioner’s
sewage to a new regional treatment plant to be constructed
by the Village of Fox Lake.
Should the County be unable to
provide sewage treatment facilities to the areas annexed by
Petitioner,
it was agreed that construction of sewage treatment
facilities within the area not serviced was to be allowed.
Petitioner and Unity Ventures,
Inc. have been unable to
obtain sanitary sewage treatment
in either the Northwest or
North Central
sewer systems operated by Lake County.
Petitioner proposes
to construct a new sewage treatment
plant which it will own and operate.
The plant would discharge
into an unnamed tributary which eventually leads to the Des
Plaines River.
Necessary additional piping and buildings
will be constructed when the initial
stage is built should
expansion be required.
Petitioner relies on Village of Bloomingdale v.
EPA,
PCB 78-124,
31 PCB 125,
October
19, 1978 contending that had
the proposed sewage treatment plant been in existence at the
time Bloomingdale was decided
it too would have been granted
a variance from Rules
402 and 404
(f).
Petitioner has
indicated that it can meet the
10 mg/l BOD5 and
12 mg/i
36—133
—2—
suspended solids effluent limitations which were applied to
the majority of dischargers in Bloomingdale.
Petitioner also
states that the discharge from this system will have no
negative impact upon the receiving streams and that the
streams will
he able to support aquatic
life.
Without the variance,
it is claimed that the Petitioner
and Unity Ventures, Inc. will suffer substantial hardship.
The area to be serviced by the plant has been designated as
financially distressed.
It
is alleged that construction of
the proposed plant would spur development in the area and
help alleviate current socio—economic problems in the village.
Revenues and commercial—industrial development would accrue
to the benefit of the community.
The Board concludes that denial of a variance would
constitute arbitrary or unreasonable hardship.
The relief
sought by Petitioner
is identical to the relief granted by
the Board in Bloomingdale.
The reasoning in that case must
be employed in this matter to avoid inequitable results.
Relief will also be granted from Rules
902
(i)
(1),
910
(a)
(4)
and
910
(b)
so that the Agency may issue a NPDES permit
to Petitioner.
Rather than grant relief for five years as
Petitioner has requested,
the Board will limit the variance
to the same terms as Bloomingdale for consistency.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
1).
Petitioner is hereby granted a variance from Rules
203
(d)
and 402
(as
it pertains to dissolved oxygen),
902
(i)
(1),
910
(a)
(4) and
910
(b)
of Chapter
3:
Water
Pollution,
until October 19,
1983.
2).
Petitioner is hereby granted a variance from Rule 404
(f)
of Chapter
3:
Water Pollution until October
19,
1983 or until
the Board takes final action in R77—12,
Docket
C, whichever occurs first.
3).
During the term of this variance the discharge of
treated sewage from Petitioner’s facilities
shall be
limited to 10 mg/i BOD
and 12 mg/l suspended solids
as 30 day averages.
4).
The Agency is hereby authorized to issue a NPDES permit
to Petitioner in a manner consistent with the terms of
this Order including terms and conditions consistent
with best practicable treatment,
operation and maintenance
of Petitioner’s facilities.
36—134
—3—
5).
Within
45 days
of the date of this Order, Petitioner
shall execute a Certification of acceptance and agreement
to be bound by all
the terms and conditions of this
variance.
The Certification shall
be forwarded to the
Illinois Environmental Protection Agency, Division of
Water Pollution Control, Variance Section,
2200 Churchill
Road,
Springfield, Illinois 62706.
This
45 day period
shall be held in abeyance if this matter is appealed.
The form of the Certification shall read as follows:
CERTIFICATION
I,
(We), _______________________________, having
read and fully understanding the Order in 79—178 hereby
accept that Order and agree to be bound by all of its terms
and conditions.
SIGNED ___________________________
TITLE
__________________________
DATE
___________________________
IT IS
SO ORDERED.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, here~y,~
certify the above Opinio
and
Order were
adopted on the
____________________
day of
_________________
1979 by a vote of
~./-O
Christan
L. Moff ~t~#~)
Clerk
Illinois Pollutio~ontrol Board
36—135