ILLINOIS POLLUTION CONTROL BOARD
    August 23, 1979
    CITY
    OF
    NEOGA,
    )
    Petitioner,
    v.
    )
    PCB 79—115
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Petitioner has requested a variance from
    Rules 602(b)
    and 962(a)
    of Chapter
    3:
    Water Pollution to allow sanitary
    sewer overflows and to allow the Agency to issue the construc-
    tion and operating permits for an additional 100 population
    equivalents.
    The Agency has recommended that the variance
    from Rule 602(b) be granted and that the variance from Rule
    962(a) be denied.
    Petitioner waived its right to a hearing.
    Neoga,
    a city
    in Cumberland County with 1,597 residents,
    presently
    experiences
    severe inflow and infiltration problems.
    Approximately
    8
    or
    10
    times
    per
    year,
    when excessive flow
    oc-
    curs,
    the
    City manually opens
    two overflow gates on its sani-
    tary sewer system to prevent front yard and basement flooding
    of
    nearby residences.
    The overflow, diluted by inflow and
    infiltration, discharges into the same unnamed tributary of
    Copperas Creek as the sewage treatment plant effluent.
    Sam-
    ples
    of
    overflow taken by the City during March and April
    of
    this year show an average BOD
    of
    18.4 mg/l
    and
    an average
    suspended solids concentration of 112.3 mg/i.
    The City,
    in
    an effort
    to eliminate the overflows and increase plant capa-
    city,
    has applied for a Municipal Wastewater Treatment Works
    Construction Grant and is currently
    in the Step
    1 Facilities
    Planning Stage of the program.
    The Agency estimates that
    it
    may be five to seven years before Neoga,
    with a grant priority
    number of
    917, can complete the upgrading of its sewage treat-
    ment system.
    Petitioner alleges that elimination of the sewer
    overflows without grant assistance would be prohibitively ex-
    pensive and that failure to grant the variance would impose
    arbitrary and unreasonable hardship upon the City.
    The Agency
    recommends that Petitioner be granted a variance from Rule
    602(b)
    provided that sanitary sewer overflows
    are
    minimized
    to
    the greatest extent possible.
    35—229

    —2—
    The
    City
    of
    Neoga,
    currently
    on
    restricted
    status,
    also
    requests a variance
    from Rule
    962(a)
    so that
    it
    may
    allow
    an
    additional discharge
    of
    up to 100 population equivalents
    (P.E.)
    of sewage into its treatment system.
    Discharge monitoring
    reports for the past year show that the Neoga plant’s average
    flow exceeds
    its design capacity.
    The Petitioner fails
    1) to
    state whether the additional sewage would be treated
    at the
    plant or discharged directly into the already overflowing
    sewer
    system;
    2)
    to address
    the potential environmental impact
    of increased flow through the treatment plant or at the over-
    flow points;
    and 3) to demonstrate that hardship would be
    imposed
    if the Board denied the variance.
    The Agency, there-
    fore,
    recommends
    that a variance from Rule 962(a) be denied.
    The Board hereby grants Petitioner a variance
    from Rule
    602(b)
    of Chapter
    3:
    Water Pollution, but denies Petitioner’s
    request
    for relief from Rule 962(a).
    Denial of a variance
    from
    Rule 602(b) would impose arbitrary and unreasonable hardship
    upon Petitioner.
    Requiring the City of Neoga to eliminate
    sewer overflows without grant assistance would impose extreme
    economic hardship upon the citizens of Neoga.
    The variance
    from Rule 602(b)
    shall be granted for a period of
    5 years,
    provided that overflows are reduced to the greatest extent
    possible
    during the term of the variance.
    The Petitioner,
    however, has failed to demonstrate that hardship would
    result
    from the denial of a variance from Rule 962(a)
    or assess the
    environmental impact of an additional 100 P.E. on its sewage
    treatment
    system.
    Absent these showings,
    the Board will not
    grant a variance from Rule 962(a).
    Sewer connections designed
    and intended to serve single buildings treating or discharging
    less than 1500 gallons per day of domestic sewage to existing
    sewers,
    nonetheless,
    are permissible even while a municipality
    is on restricted status.
    This Opinion constitutes the Board’s
    finding of fact and
    conclusions
    of law in this matter.
    ORDER
    1)
    Petitioner
    is hereby denied
    a variance from the require-
    ments of Rule 962(a)
    of Chapter
    3:
    Water Pollution.
    2)
    Petitioner
    is hereby granted a variance from the require-
    ments of Rule 602(b)
    of Chapter 3:
    Water Pollution for a
    term of
    5 years from the date of this Order,
    subject to
    the following conditions:
    a)
    that the sanitary sewer overflows are minimized to
    the greatest extent practicable during the term of
    the variance.
    b)
    that within 45 days of the date of this Order, Peti-
    tioner shall execute a Certificate of Acceptance and
    35—230

    —3—
    Agreement to he bound by the terms and conditions
    of
    this variance.
    The Certification shall be forwarded
    to the Illinois Environmental Protection Agency, Divi-
    sion of Water Pollution Control,
    2200 Churchill Road,
    Springfield,
    Illinois
    62706.
    This 45 day period
    shall be held in abeyance during any period this
    matter is appealed.
    The form of said Certification
    shall
    read as follows:
    CERTIFICATION
    I
    (We),
    _______
    ________,
    having read and fully
    understanding the Order in PCB 79-115 hereby accept that Order
    and agree to be bound by all
    of its terms and conditions.
    T
    LS
    SO
    ORDERED.
    SIGNED
    TITLE
    DATE
    I,
    Christan L. Mof
    Control Board,
    adopted
    n
    the
    vote
    of
    ,‘O
    were
    1979 by a
    Christan L.
    Moffeçt)/çlerk
    Illinois Pollutio~/~dntrolBoard
    day of
    Clerk of the Illinois Pollution
    35—23 1

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