I LLINOI S

POLLUT ION

CONTROL

BOAR)

November

2,

~978

THOMAS

B.

ROSSETTER,

STEVEN W.

FITZSIMMONS and

THE CITY OF ST. CHARLES,

Petitioners,

v.

)

PCB 78—147

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION OF THE BOARD

(by Mr. Goodman):

This Opinion

is in support of the

Board

Order entered herein

on October

4,

1978.

On May 18,

1978, Thomas

B.

Rossetter and Steven W.

Fitzsimrnons

(Rossetter)

filed this Petition for Variance requestinq rei~ieffrom

Rules

604,

951 and 962 of ChapLer

3:

Water Pollution Control Rules

and Regulations

(Regulations),

to allow sanitary sewer extensions

to the St. Charles Sewage Treatment Plant in St. Charles,

Illinois

for a 93.6 acre residential housing development known as

“Timbers.”

On August

24,

1978, pursuant

to a motion by the Illinois Environmen—

tal Protection Agency

(Aqency)

,

the City of St. Charles was loined

in this action as a party.

Subsequent

to a decision

in a similar

case,

PCB 78—173

(Kent Shodeen

&

the

City of St. Charles

v.

EPA)

the parties herein filed

a stipulation of fact and motion for

decision without

a hearing.

The Board will grant the

loint motion

for decision without

a hearing

and accepts

the stipulation of

fact.

The stipulation of fact,

as

in Shodeen,

indicates that

Rossetter participated

in the R.J. Environmental Associates,

Inc.

computer modeling study

of wastewater bypass

in the City of St.

Charles.

Based on this report,

it

is stii:uiated that

the existing

St. Charles bypassing has a minimal effect on the Fox River which

is not detectable,

and that additional

flows from Rossetter’s

development will have no additional effect.

The stipulation of

fact further notes that the cause of the overflows

is apparently

the hydraulic head

in the force main or sewage treatment plant

and not the condition of the pumps,

as previously

suspected.

32—

1

---

—2—

The Board takes official notice of its Opinion in PCB 78—173

(Shodeen)

and finds here,

as

in that case, that no environmental

harm will result from the grant of the requested variance.

Rossetter alleges,

as did Shodeen,

that the City of St. Charles

will be deprived of taxes and sewer connection fees should the

variance not be granted.

In addition, a delay of the development

will result

in

a substantial cash flow problem, and financial loss

to

the developers,

estimated by Petitioners to be between $100,000 and

$1,000,000,

depending on the length of the ban.

The Board finds

that it would be an arbitrary and unreasonable hardship to deny the

proposed variance in this case.

As

in Shodeen,

the Agency recommends grant of the variance

only

if the City of St. Charles, added as

a party,

agrees

to

certain conditions concerning its sewage delivery system.

The

Board reiterates

its position

as held in Shodeen that, under the

conditions existing in this case,

it can not

force such conditions

on the City.

The Board hereby grants Petitioners Thomas

B.

Rossetter and Steven W.

Fitzsimmons variance from Rules

604,

951

and 962

of Chapter

3:

Water Pollution Control Rules and Regulations

to allow sanitary sewer extensions

to the St. Charles Sewage Treat-

ment Plant in St. Charles, Illinois for a 93.6 acre residential

housing development known as

“Timbers.”

This Opinion consitutes

the findings of

fact and conclusions

of law of the Board in this matter.

Mr. James

L.

Young abstained.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control hoard,

hereby certify

the above Opinion was adopted on

the

_______

day of ~

,

1978 by

a vote of

3_~

C4L~,~

~L&

Christan L.

Moffet~,

rk

Illinois Pollution

rol Board

:32—2~