ILLINOIS POLLUTION CONTROL BOARD
    February
    5,
    1981
    ~
    COUNTY
    HEALTH
    DEPARTMENT,
    et al.,
    Petitioners,
    v.
    )
    PCB
    80—157
    tfJ1INOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ~P:tNIONAND ORDER OF THE BOARD
    (by
    J.r).
    Dumelle):
    On August 25,
    1980 the Tazewe.l
    County Health Department
    (Tazewell) requested variance from Rule 604B
    (Sic)
    of Chapter
    3:
    Water Pollution of the Board’s Rules and Regulations,
    to allow
    9
    residences to connect to the Highview Estates Wastewater Plant
    (HEWP) because the HEWP is on restricted status precluding
    such
    connections.
    In response to a Board order
    of September
    4,
    1980,
    Tazewell filed an amended petition on October 17,
    1980,
    adding
    the HEWP owner and the homeowners as Petitioners.
    In response
    to
    another Board order of October 30,
    1980, Tazewell again amended
    its petition on November 17,
    1980, to include the additional
    information required under Procedural Rule 401. On December
    22,
    1980 the Environmental Protection Agency
    (Agency) filed a
    recommendation to grant the variance subject to certain
    conditions.
    The Agency construed the amended petition as
    requesting relief from Rule 962(a).
    Since Rule 962(a)
    is the
    rule for which variance must be granted to allow the requested
    relief, the Board will construe the variance petition
    in the same
    manner.
    Hearing was waived and none was held.
    Petitioners include
    9 homeowners of lots 39—47 along the
    eastern side of Daniel Parkway in the Highview Estates
    Subdivision located approximately two miles east of the City of
    Washington and one mile north of the City of East Peoria.
    These
    homeowners are presently served by individual septic systems
    which allegedly suffer serious malfunctions due to a high water
    table and the slow permeability of the soil
    in the area.
    This
    has allegedly resulted in back—ups into these residences,
    especially during periods of a high water table or heavy rain,
    and has also caused surface ponding of improperly treated sewage
    in the yards of these homes.
    With pets and children playing
    in
    the area,
    there could he a serious health threat.
    The Agency recognizes the need
    to
    remedy this problem and
    recommends that the variance be granted.
    However,
    it further
    40—415

    —2—
    recommends that water conservation measures he required to
    minimize any adverse environmental impact that may result from
    the additional
    loading on the HEWP.
    The present treatment works consists of package extended
    aeration plant,
    a 1.18 acre polishing pond, and chlorination
    facilities.
    Discharge is
    to an unnamed tributary o~Farm
    Creek
    which flows to the Illinois River.
    The package plant is designed for an effluent flow from
    128 lots
    (45,000 gallons per day (gpd)) but it
    is
    :urrently
    servicing 153
    lots.
    This
    is
    the
    basis
    for the res~ictedstatus
    of the HEWP.
    The polishing pond is designed to se~v~200
    lots
    and an additional package plan~:can be provided to ~cringplant
    capacity to that level.
    A compliance evaluation inspection was conducted by
    the
    Agency on November 12
    and r~ecember
    17,
    1979.
    Several viol~bions
    were noted,
    including green effluent with obvious turbidity,
    unnatural green color in the receiving stream,
    lack
    of
    fecal
    coliform testing and lack of flow measurement equipment.
    Of these violations only the green coloration (caused,
    apparently, by algal growth) presents an environmental concern.
    The Agency has not alleged,
    and the Board cannot assume,
    that
    water conservation will improve the situation.
    Therefore,
    the
    Board declines
    to follow the Agency’s recommendation in this
    regard.
    The recommendation
    is, however,
    worth noting.
    If all of
    the
    homes feeding into the HEWP were to install plastic water
    dams
    in
    their toilets, the Agency alleges that as much as 3,000 gpd oF
    water could be saved.
    Thus, the Agency recommends that the
    variance be conditioned upon the HEWP including
    a notice with its
    water bills that free plastic dams will be made available to
    anyone requesting
    them.
    This may well serve as a useful tool in
    attaining compliance and removing the HEWP from restricted
    status
    but is left to the utility’s judgment as to its use.
    The Board notes that no complete compliance plan has been
    submitted to the Board.
    Plans were to have been submitted to th’
    Agency by November 21,
    1980,
    hut
    neither Tazewell nor the Agency
    has alleged that that has been done. Such a plan is necessary
    to
    the granting of the variance.
    In balancing the benefits of granting the variance
    against the environmental harm,
    the Board finds that the benefits
    outweigh the harm of
    a variance grant.
    Further, the Board finds
    that it
    is an arbitrary and unreasonable hardship upon the
    homeowner petitioners
    to be forced to rely on malfunctioning
    septic systems.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    40—416

    —3—
    ORDER
    The Tazewell County Health Department, et al.
    are hereby
    granted a variance from Rule 962(a)
    of Chapter
    3:
    Water Pollution,
    subject
    to the following conditions:
    1.
    This variance allows the connection of
    lots 39—47
    in the Highview Estates Subdivision to the Highview
    Estates Wastewater Plant.
    2.
    Within 45 days of the date of this order,
    the Highview
    Estates Wastewater Plant shall submit
    to the Agency an
    acceptable plan for achieving compliance with the
    Environmental Protection Act and the Board’s Rules :~~3
    Regulations.
    3.
    Highview Estates Water Company,
    Inc.,
    shall operate the
    T-lighview Wastewater Treatment Plant utilizing
    the hest
    practicable operation and maintenance practices.
    4.
    Within forty—five
    (45) days of the date of this Order,
    the Highview Estates Water Company,
    Inc.
    shall execute
    and forward to the Illinois Environmental Protection
    Agency, Division of Water Pollution Control, Variance
    Unit,
    2200 Churchill Road,
    Springfield, Illinois
    62706,
    a Certificate of Acceptance and Agreement to be honn’~
    !m~
    all terms and conditions of this variance.
    This
    forty—five
    (45) day period shall he stayed for any
    period during which the matter is appealed.
    The form
    of the certification shall he as follows~
    CERTIF ICATION
    Highview Estates Water Company,
    Inc. hereby accepts
    and
    agrees
    to be bound by all terms and conditions
    of the Order of
    the Pollution Control Board in PCB 80—157,
    dated February
    5,
    1981.
    Petitioner
    Signed
    Title
    Date
    IT
    IS SO ORDERED.
    40—417

    —4—
    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
    voteof
    ____.
    Christan L. Moffett, Clerk
    Illinois
    Pollution
    Control
    Board
    40—4 18

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