ILLINOIS POLLUTION CONTROL BOARD

July

26,

1979

MGM

 DEVELOPMENT COMPANY,

 KNOLL

BUILDERS,

 INC. and THE VILLAGE OF

)

KILDEER,

Petitioner,

v.

)

 PCB 79—118

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

oP:INI0N AND ORDER OF THE BOARD

 (by Mr. Dumelle):

Petitioners have requested a variance from Rules 404(f)

and 402

(as

 it pertains to dissolved oxygen)

 of Chapter

3:

Water Pollution.

 The Agency has recommended that a variance

be granted.

 No hearing was held.

Petitioners are seeking

 this relief

 in order to obtain

a permit to construct an interim treatment plant to be

operated and maintained by the Village of Kildeer.

The

sewer system and private sewage treatment plant installed by

Petitioners MGM Development Company and Knoll Builders,

 Inc.

will produce an effluent of up to 10 mg/l BOD and 12 mg/i

suspended solids.

 However, this plant is to be utilized only

until

 connection is made

 to the Lake County Department

of

Public Works facility,

 at which time

 it will be dismantled

and removed.

In a series of cases

 ~ollowing Village

 of Bloomingdale

v.

 EPA,

 PCB 78-124,

 the Board granted numerous

 Northeastern

Illinois point source dischargers

 a variance

 from Rules

404(f)

and

 402 as

 it pertains to dissolved oxygen.

 (See

Balmoral Racing Club,

 Inc.v.

 EPA,

 PCB 79—45, May

24,

1979

and

~j~olds

 Metals Company

v.

 EPA,

 PCB 79—89,

 June 22,

1979.)

 The considerations

 in the cases mentioned are applicable

to those

 in this variance proceeding.

The Board hereby incorporates the record and its findings

and conclusions

 in Bloomingdale in the record of this matter.

Petitioners have indicated that they can meet the 10 mg/l

BOD and 12 mg/i suspended solids effluent limitations which

were applied to the iiajority of dischargers

 in Bloomingdaie.

~S—1

—2—

Without

variance

Petitioner’s

alternatives

are

resubdivide

 the subdivision to allow for larger lots to

allow for private septic systems.

 This

 is a time consuming,

expensive process.

 Also,

 the poor soil conditions may not

accommodate

septic

system.

Petitioners

might

disconnect

the

property

from

the

Village

Kildeer

and

seek

annexation

by Lake Zurich which does not presently have the capacity to

the

flow

which

would

generated

the

subdivision.

Petitioners contend that the hardship and expense associated

with these alternatives far outweighs any environmental

improvement which would result.

The Board concludes that denial of

 this variance would

constitute arbitrary or unreasonable hardship on Petitioners.

The reasoning in Bloomingdale must be employed in this

matter to avoid inequitable results.

 Relief will be granted

from Rules

 404(f)

 and 402 so that the Agency may

 issue a

NPDES permit to Petitioners.

Petitioners and the Agency asked that the variance

run

for a five year term.

 In order to maintain consistency with

the Order

 in Bloomi~dale, the variance shall terminate on

October

19,

 1983.

This Order constitutes the Board’s findings of fact and

conclusions of

 law in this matter.

ORDER

1)

 Petitioner is hereby granted a variance from Rule 402

(as

 it pertains to dissolved oxygen),

 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 from

Petitioner’s wastewater treatment facility shall

be

limited

 to 10

 mcj/l BOD and 12 mg/i suspended solids as

30 day averages.

4)

 Upon completion of

 the sanitary sewer system in the

Village

 of Kildeer,

 Petitioners

 shall immediately tie

into that sewer system and dismantle and remove the

package plant.

5)

 Prior to start up of the package plant, Petitioners

shall notify the Agency of the qualifications and

classification of

 the operator(s)

 of the plant and

notify the Agency of any changes.

—3—

6)

 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 Petitioners facilities.

7)

 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,

 Sprinqfield,

 Illinois

 62706.

 This

 45 day period

shall he held

 in abeyance

 if this matter

 is appealed.

CERTIFICATION

I

 (We),

__________________

 having read

and fully understanding the Order in PCB 79—118 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, hereby certify the above Opinion and Order

were adopted on the

_______________

 day of

_____________

1979 by a vote of

~

___

Christan L.

 Moffett,

 C’~Lerk

Illinois Pollution Control Board

i I