ILLINOIS POLLUTION CONTROL BOARD
May 24,
1979
BALMORAL RACING CLUB,
INC.
Petitioner,
v.
)
PCB 79—45
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
Petitioner has 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.
Petitioner applied for a NPDES permit
to discharge
treated domestic sewage from its race track in Will County.
The Agency indicated that it can not issue the permit because
the discharge may cause or contribute to downstream violations
of applicable dissolved oxygen water quality standards.
This
conclusion was based on a computer model prepared by the
Northeastern Illinois Planning Commission
(NIPC) and submitted
as part
of NIPC’s water quality management plan prepared pur-
suant
to Section 208
of the Clean Water Act.
This model was
the subject of a prior Board variance which granted similar
relief to over 250 dischargers
(Village of Bloomingdale
v.
EPA,
PCB 78—124, October 19,
1978,
31 PCB 125, November
2,
1978,
and
November 30,
1978).
In Bloomingdale, the Board commented as
follows on the use of this model:
“The Board
finds that
it need not determine whether or
not the model’s predictions are accurate.
By its very
existence the NIPC study provides evidence of possible
present and future violations of the Board’s dissolved
oxygen water quality standard.
While the model does
not provide conclusive proof that any individual discharge
will cause or contribute to violations,
the Board sees
no reason why the model’s conclusions should be challen-
ged
in a series of permit denial appeals or obviated in
a series of variances.
Extensive
litigation would con-
stitute economic hardship on hundreds
of dischargers
and would impose an administrative burden on the Agency.
This hardship
is rendered arbitrary or unreasonable by
33—59 1
—2—
virtue of the fact that
it may be needless.
Pending
regulatory changes may remove the need for some of this
litigation.”
The Board hereby incorporates the record and its findings
and conclusions
in Bloomingdale in the record of this matter.
Petitioner has indicated that it can meet the
10 mg/l
BOD and
12 mg/l suspended solids effluent limitations which
were applied to the majority of dischargers
in Bloomingdale.
Without a variance Petitioner’s only alternative is
termination of
its discharge or construction of additional
treatment facilities to eliminate all deoxygenating wastes.
Petitioner contends that the hardship and expense associated
with this alternative far outweighs any environmental
improvement which would result.
The Board concludes that denial of this variance would
constitute arbitrary or unreasonable hardship on Petitioner.
The reasoning
in Bloomingdale must be employed in this
matter to avoid inequitable results.
Relief will also be
granted from Rules 910(a)(4)
and 910(b)
so that the Agency
may issue a NPDES permit to Petitioner.
On May 21,
1979 the Board received an objection to the
granting of this variance by Mr.
Merlin Karlock.
Mr. Karlock
felt that no relief should be granted until
certain easement
rights had been litigated in a pending circuit court action.
Since this objection is not timely under Section 37 of the
Act or Procedural Rule 404
a hearing need not be held.
Since the objection deals with a matter which is apparently
unrelated to the Board’s concerns
in this matter,
no hearing
will be scheduled.
This Opinion constitutes the Board’s findings of fact
and conclusions
of law in this matter.
ORDER
1)
Petitioner
is hereby granted a variance from Rules
203(d),
402
(as it pertains to dissolved oxygen),
910(a)(4)
and 910(b) 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.
33—592
—3—
3)
During the term of
this variance the discharge
of
treated sewage from Petitioner’s sewage treatment
facility shall
be
limited to 10 mg/i BOD and 12 mg/i
suspended solids
as
30 day averages.
4)
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 mainten-
ance of Petitioner’s facilities.
5)
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,
Springfield,
Illinois
62706.
This
45 day period
shall
be held in abeyance if this matter
is appealed.
The form of the Certification shall read as follows:
CERTIFICATION
I
(We),
____________________,
having read and fully
understanding the Order in PCB 79-45 hereby accept that
Order and agree to be bound by all
of its terms and conditions.
SIGNED ________________________
TITLE __________________________
DATE ____________________________
IT
IS SO ORDERED.
Dr. Satchell abstains.
I,
Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opinion and Order were
adopted on the
c~.
day of
/2)
,
1979 by a vote
of~.
Christan L.
Moff
Illinois Pollutio:
lerk
)ntrol Board
33—593