ILLINOIS
POLLUTION
CONTROL BOARD
March
1,
1979
TIMBER RIDGE MOBILE HOME PARK,
)
Petitioner,
V.
)
PCB 78—310
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
This
matter
comes before the Board on a Petition filed
on December 29,
1978,
by the Timber Ridge Mobile Home Park
for a variance from Rule 962(a) of Chapter
3:
Water Pollution,
of the Board’s Rules and Regulations to allow the connection
of certain properties to a sanitary sewer extension in lieu
of a like number of connections presently permitted.
The
Environmental Protection Agency filed a Recommendation on
February
2,
1979, which recommended a grant of the variance,
subject to certain conditions.
No hearing was held; Petitioner
waived hearing and made no request pursuant to Rule
406 of the
Procedural
Rules after receipt of the Agency recommendation.
Timber Ridge Mobile Home Park is located on Ridgeland
Avenue, Matteson, Cook County,
Illinois and Petitioner
is
engaged in the development and leasing of residential mobile
home sites.
The Timber Ridge Mobile Home Park Phase
1 consists
of 211 mobile home lots served by a sanitary sewer extension
constructed under Agency permit #l976-HB-490-COP issued
on
April
9,
1976.
One hundred forty-five
(145)
of the 211 lots
permitted in Phase
1 are connected,
On November 15,
1978,
Petitioner was issued a construct only permit for a sanitary
sewer extension to serve a Phase
2 development of
the facilities
by the addition of 344 additional lots.
No operating permit
was granted because the treatment plant to which the sewers
are tributary was hyc~rau1icallyoverloaded and has been on
restricted status since February
9,
1978.
The treatment plant,
owned and operated by Prestwick Utilities,
is currently
being expanded from the present
0.15
mgd capacity to 0.4 mgd.
Plant expansion is scheduled for completion
in the
spring of
1979
(Pet.
1—3,
Rec.
2).
33—47
—2—
The variance requested would allow the Petitioner to
connect 50
lots
in Phase
2
in lieu of the connection of
50
lots in Phase
1.
The Petitioner agrees to defer the connection
of
50 lots
in Phase
1 under permit until the expansion of
the treatment plant is complete
(Pet.
3-5).
Since the substitution proposed will involve no additional
flow over that currently permitted, the Board
will
grant
Petitioner’s reque~t.
This Opinion constitutes the Board’s findings
of
fact
and conclusions of law in this matter.
ORDER
1.
Timber Ridge Mobile Home Park
is granted
a variance
from Rule 962(a) of Chapter
3:
Water Pollution,
of the
Pollution Control Board Rules and Regulations
to
allow the
connection of 50 lots
(125 P.E.)
in its Phase
2 to the
sanitary sewer permitted under permit #1978-HC-2659.
2.
Fifty
(50) of the lots permitted under permit #1976-
HB-490-COP
in Phase
1 shall not be connected until the
expansion of the main sewage treatment plant of Prestwick
Utilities
is completed and the Illinois Environmental Protection
Agency has approved such connections in writing.
3.
Within forty-five
(45) days of the
date
of this Order,
the Petitioner shall submit to the Manager, Variance Section,
Division of Water Pollution Control, Illinois Environmental
Protection Agency, 2200 Churchill Road, Springfield,
Illinois,
62706, an executed Certification of Acceptance and Agreement
to he bound to all terms and conditions of the variance.
The
forty-five day period herein shall be stayed during judicial
review of this variance pursuant to Section
41 of the Environ-
mental Protection
~ct.
The form of said certification shall
be as follows:
CERTIFICATION
I,
(We),
___________________________
having read
the
Order of the Pollution Control Board in PCB 78-310,
understand and accept said order, realizing that such
acceptance
renders
all terms and conditions thereto
binding and enforceable.
SIGNED
TITLE
DATE
33—48
—3—
IT IS SO ORDERED
I, Christan L.
Foffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opini n and Order
were adopted on the
1
‘~‘
day of
1)’)
,
1979,
byavoteof
Ij’.~o
Illinois Polluti
33—49