ILLINOIS POLLUTION CONTROL BOARD
    July 12,
    1979
    CITY OF EFFINGHAM, HARRY WARD, COLLINS,
    )
    INC., REALTORS, MARIE BLOENER, MR. AND
    MRS.
    LEONARD JENNINGS AND PAUL FEARDAY,
    Petitioners,
    v.
    )
    PCB 79-91
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This matter comes before the Board on
    a Petition for
    Variance filed on April
    23,
    1979,
    by the City of Effingham,
    Illinois and others seeking relief from Section 39 of the
    Environmental Prot’~ctionAct and Rule 962 of the Pollution
    Control Board’s Ru1e~ and Regulations,
    Chapter
    3:
    Water
    Pollution Regulations.
    The petition requests the variance
    to operate
    a newly constructed sanitary sewer extension for
    five buildings in the City of Effingham.
    The variance is
    necessary since the City’s present sewage treatment plant is
    biologically overloaded.
    No hearing was held in this matter;
    hearing was properly waived
    in the petition.
    On June
    7,
    1979,
    the Board allowed the late filing of a
    recommendation
    from
    the
    Environmental
    Protection Agency that
    the variance petition be denied.
    Upon receipt of the adverse
    Agency recommendation, the Petitioners,
    in lieu of requesting
    a hearing pursuant to Procedural Rule 406(b),
    submitted a
    Response to the Variance Recommendation
    under Procedural Rule
    406(a), which acknowledged
    two
    errors
    in reporting the
    Effingham sewage treatment plant’s discharge monitoring reports.
    In addition,
    the Petitioners submitted other documents
    to
    clarify the facts pertinent
    to this variance proceeding.
    After
    rcviewinq the Petitioners’
    response,
    the Agency filed an Amended
    Variance
    Recommendation
    on
    June
    22,
    1979,
    advising
    the
    Board
    that
    the
    information
    as
    amended
    was
    sufficient
    to
    warrant
    a
    favorable
    recommendation
    for the Petitioners’
    request for relief.
    35—59

    —2—
    According to th?se pleadings read
    as
    a whole, the Petitioners
    have requested relief
    so that five establishments near the
    Henrietta-Fayette Street intersection
    in Effingham may discharge
    their sewage to a recently constructed sewer extension of the
    Effinyharn sewer system.
    The buildings include:
    a gasoline
    service station, 1200
    W. Fayette;
    a machine shop, 1204 W.
    Fayette;
    a complex at 101 S. Henrietta providing space for a
    T.V. and appliance store,
    an electronic service shop,
    a
    finance company and two apartments;
    a real estate office,
    111
    S.
    Henrietta;
    and a complex
    at 201,
    203 and 205 5. Henrietta
    housing a sports supply store, a furniture store, and a vacant
    business unit.
    While
    the sewer extension was originally con-
    structed to accept an average daily flow of
    2700 gallons, the
    combined flow of these establishments
    is calculated to be
    approximately 13 P.E.
    or 1300 gallons per day.
    (Pet.
    1,
    2;
    Pet. Resp.
    3).
    Under current conditions,
    the health department records
    indicate that four of the five buildings discharge
    to septic
    tanks which are deemed inadequate by approved standards of
    the
    1974 Illinois Private Sewage Licensing Act and Code
    (Ill.
    Rev.
    Stat.,
    1977,
    Ch.
    111 1/2,
    par.
    116.301 et seq.).
    The fifth
    structure,
    the gasoline service station, was cut off from City
    sewer service when
    its connection was destroyed during
    a road
    construction project.
    According to Michael F. Blair, Director
    of Environmental H~alth of the Effingham County Health Depart—
    ment,
    the treatment systems identified in this petition have
    been discharging inacequately treated sewage thus creating a
    detriment
    to public health.
    (Pet.
    2,
    3, Exh.
    C; Pet. Resp.
    4).
    Review of the record indicates that while the Effingham
    treatment facility is on restricted status, the City of Effingham
    has undertaken measures
    to expand and upgrade its treatment
    facility under federal construction grants program.
    Upon last
    review,
    in American Development Corporation, PCB 77-296,
    29 PCB
    431
    (March
    30,
    1978),
    the City of Effingham had completed the
    Step
    I facilities planning and the Step
    II design plans, but
    Step III construction grants were delayed due
    to lack of available
    federal funds.
    Currently,
    the City of Effingham has received
    the necessary Step III grants monies for construction of a
    sewage treatment plant and an excess flow facility.
    Expected
    completion dates
    for each project are October 12, 1980,
    and
    July
    1,
    1981, respectively.
    (Pet.
    4, Exh.
    D;
    Pet. Resp.
    1,
    2;
    Exh.
    E).
    Until completion of this construction program,
    the City
    of Effinqham must rely on a sewage treatment plant which has
    been on restricted status since February 20,
    1976.
    The current
    Effingham treatment plant consists of a trickling filter facility
    with a permitted
    loading capacity of 1.75 MGD.
    On June
    20, 1977,
    the City was issued
    an NPDES permit which required that the
    effluent concentrations not exceed 10 mg/l BOD5 and
    12 mg/i
    60

    —3—
    suspended solids, but an Enforcement Schedule Compliance Letter,
    accompanying
    the permit, allows 40/60 BOD/SS on a 30-day average
    and 60/90 BOD/SS on
    a 7-day average.
    According
    to discharge
    monitoring reports, the Effingham facility
    is currently meeting
    the revised limitations of its NPDES permit despite periodic
    daily flow rates well
    in excess of its 1.75
    NGD
    design capacity.
    (Rec.
    2,
    3).
    The Agency’s Variance Recommendation
    as amended stated that
    the
    sewer extension would discharge to the recently enlarged
    Robbin Hill Lift Station in Effingham, which should be able to
    accept a small increment of 1300 GPD without causing or
    contributing
    to sewer problems downstream from the new extension.
    It is the Agency’s belief that in light of the health problems
    which will persist until the Petitioners are properly connected
    to the Effinqham sanitary sewer,
    the request for relief should
    be granted.
    (Am.
    Rec.
    3).
    In view of the record before us, the Board finds that the
    Petitioners would suffer an arbitrary and unreasonable hardship
    if required to improve their systems to current Department of
    Public Health standards until the City of Effingham is relieved
    of its restrictive status.
    The Petitioners will thereby be
    granted
    a variance from Rule 962(a)
    of Chapter
    3
    to allow
    operation of the newly constructed sanitary sewer extension for
    the five buildings named
    in this petition.
    The Board will, how-
    ever,
    dismiss the petition for relief from Section
    39 of the
    Act;
    a variance from the aforementioned rule provides sufficient
    relief for issuance of the necessary operating permit.
    This Opinion constitutes the Board’s
    findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    The Petitioners, City of Effingham, Harry Ward, Collins,
    Inc., Realtors,
    Marie Bloemer, Mr. and Mrs. Leonard Jennings and
    Paul Fearday,
    are hereby granted a variance from Rule
    962(a) of
    Chapter
    3:
    Water Pollution Regulations,
    to connect the buildings
    denominated in the petition and the Board Opinion to the Fayette
    Avenue sewer extension which discharges into the Effingham sewer
    system.
    2.
    The Petition for Variance from Section
    39 of the
    Environmental Protection Act is hereby dismissed.
    3.
    Within forty-five
    (45) days of the date of this Order,
    each of the Petitioners shall submit to the Manager, Variance
    Section, Division of Water Pollution Control,
    Illinois Environ-
    mental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois,
    62706,
    a~iexecuted Certification of Acceptance and
    Agreement to be boinc~to all terms and conditions of the variance.
    35—61

    —4—
    The forty-five day period herein shall be stayed during judicial
    review of this variance pursuant
    to Section 41 of the Environ-
    mental Protection Act.
    The form of said certification shall be
    as follows:
    CERTIFICATION
    I,
    (We)
    ,
    ____________________________
    having read
    the Order of the Pollution Control Board
    in PCB
    79-91,
    understand and accept the said Order, realizing
    that
    such acceptance renders
    all terms and conditions thereto
    binding and enforceable.
    SIGNED
    TITLE
    DATE
    IT IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereJ~certify the above
    pinion and Order were
    adopted on ~he
    !I~’
    day of
    _______________,
    1979,
    by
    a vote of
    ~S’..O
    Christan L. Moff~
    Clerk
    Illinois Pollution
    ontrol Board
    35—62

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