ILLINOIS POLLUTION CONTROL BOARD
February
19,
1981
CITY OF ASSUMPTION,
)
Petitioner,
PCB 80—223
ILLINOIS
ENVIRONMENTAL
pf)rfl~c9~()!~
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by s.D.
Durnelle):
On December
8,
1980,
the City of Assumption filed a
Petition for Variance from the limitation on new sewer connections
to allow the connection of
a 16 unit,
single bedroom,
federally
financed apartment complex for the elderly to the Assumption
s&~ersystem.
Though unspecified, the Board construes the
petition to be requesting variance from Rule 962(a) of Chapter
3
of the Board~sRegulations:
Water Pollution.
The
Illinois
Environmental Protection Agency
(Agency)
filed a recommendation
to
deny the petition on ~anuary 16,
1981 along with a motion
to
file it instanter.
That motion is hereby granted.
Hearing
was
waived and
none was held.
Assumption owns and operates a treatment plant c~~nsisting
of a two-cell waste stabilization pond.
The
plant wa~designed
to receive and treat 0.18 million gallons per day
(MGD) with
an organic population equal
to 1,800 population equivalent
(P,~Ej.
Discharge from the treatment plant is to Big
George
Creek,
tributary to Flat Branch, tributary
to the Sangamori
flyer.
The treatment plant was placed on restricted statuC
oi
~June
19,
1974, due to hydraulic overloading since the average
flow
was found to be 0,75 MGD.
Assumption
is currently
under
step
2 of the Construction Grants Program.
While
the
A~jency
alleges that Assumption has fallen behind the project
schedule,
it does recognize that progress
is
continuing and does
not.
refute Assumption~sallegation that the work will
he
complet~d
on
schedule
(July,
1982).
Assumptions sewer system is a combined system includiii~
connections to street, basement and roof drains.
An 18—inch
and a 15-inch drainage field tile which collect run—off
from
adjacent farms are also connected to the system and add 0.125
MCD
of inflow,
As part of the sewage system upgrading,
these
field tile will be disconnected, but no timetable
is given for
disconnection.
40—53 1
—2—
While Assumption alleges minimal environmental impact
based upon the small additional load
(20—30 P.EJ,
the Board
does not favor allowing any additional load in cases where
basement flooding occurs.
The Agency cites an Infiltration!
Inflow study which indicates that “basement flooding is a
widespread and frequent occurrence in Assumption.”
The proposed
development is near the middle of the affected area.
This
problem forms the basis for the Agency’s recommendation of
denial.
The Board agrees that the variance must be denied at this
time.
While
a loss of federal
funding for the project to the
extent of
$558,850 is alleged as an arbitrary and unreasonable
hardship,
the record
is unclear as to whether these funds
would
be lost if the project were to be delayed until completion
of improvements to the sewer system.
Further,
it is unclear
whether the proposed improvements will remedy the problem
of basement flooding.
The Board cannot even determine from
the record whether construction of the housing project has
commenced.
While an attachment to the petition indicates an
anticipated commencement date of mid-July of 1980 and completion
by March
1,
1981,
there is no
indication that construction
has begun.
A possible
solution might be the installation
of
sewage holding tanks at the housing project but nothing
was presented on this topic.
For these reasons the Board finds that, based upon the
present record,
the adverse environmental impact of even
a slight increase in sewer
system loading in an area where
“widespread and frequent” basement floods occur outweighs
the speculative hardship.
The petition for variance
is,
therefore,
denied.
This Opinion constitutes the Board’s findings of fact
and conclusions of
law in this matter.
ORDER
The Petition for Variance filed by the City of Assumption
as PCB 80-223 is hereby denied.
IT
IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board,
hereby c~rtifytha
t e above Opinion and Order
was~o~ted
on the
/9
day of
__________,
1981 by a vote
Christan L. Moff’p~4Clerk
Illinois Polluti’~W’ControlBoard
40—532