ILLINOIS POLLUTION
    CONTROL
    BOARD
    December
    14,
    1978
    ARLINGDALE DEVELOPMENT
    CORPORATION
    II,
    Petitioner,
    v.
    )
    PCB
    78—216
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelie):
    Petitioner has requested a variance from
    the
    requirements
    of Rule 404(f)
    of Chapter
    3: Water Pollution of the Board’s Rules
    and Regulations.
    Instead of complying with the present standard
    of
    4 mg/i BOD and
    5 mq/l
    suspended solids, Petitioner wishes to
    design a sewage treatment plant to serve a development of 400
    single family homes which would produce an effluent containing
    no more than 10 mg/i BOD and
    12 mg/I
    suspended solids
    (10/12).
    The Agency has recommended that the variance be granted but that
    it not be required to issue a construction permit for the proposed
    plant.
    No hearing was held on this matter.
    Petitioner wishes to construct a sewage treatment plant
    because the Village of Wood Dale,
    where the development is located,
    is currently on restricted
    status.
    Petitioner claims that Wood
    Dale would lose tax revenue and there would be “very significant
    losses to the private sector” if a variance
    is not granted.
    These
    losses are never quantified
    in this record.
    The variance would
    expire when Petitioner could comply with Board standards or connect
    to the Wood Dale sewer
    system.
    In an Amended Recommendation the Agency states that the
    10/12 standard
    is appropriate but that Petitioner’s proposed
    package plant should not be built.
    After listing its objections
    to this type of plant, the Agency points out that Petitioner could
    connect to Wood Dale’s north sewage treatment plant once
    a
    compliance program has been completed or to the south plant
    at the present time.
    In addition,
    the Agency notes that Petitioner
    has not addressed the problem of conformance with the Board’s
    water quality standard for dissolved oxygen.
    The dissolved oxygen issue was discussed
    in the Board’s
    Opinion in Village of Bloomingdale
    v.
    EPA, PCB 78-124, November
    2,
    1978.
    Since the Board granted
    alli the dischargers
    in Petitioner’s
    32—267
    —2
    vicinity a variance from this standard and Rule 404(f),
    it would
    apparently be inequitable to deny Petitioner similar relief.
    The
    problem in this case
    is that the Board shares the Agency’s apprehen-
    sions concerning small package treatment plants.
    Whenever possible
    this alternative should be avoided.
    The Board finds that Petitioner
    has not established arbitrary or unreasonable hardship until
    it
    quantifies how much it would cost to connect to the south plant,
    which can presently accept its wastewater.
    In addition,
    on the face of the Petition
    it appears that any
    hardship Petitioner might suffer
    if this variance were denied would
    be self imposed.
    The Board assumes that Petitioner was aware of
    Wood Dale’s treatment capacity before
    it decided to go ahead with
    this proposed development.
    This matter
    is being dismissed without prejudice
    so that
    Petitioner can refile with the additional information noted above.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Petitioner’s request for a variance from Rule 404(f)
    is
    hereby dismissed without prejudice.
    IT IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above
    pinion and Order were
    adopted on the
    /t/~
    day of
    ____________,
    1978 by
    avoteof
    _________________
    Christan L. Moffe~QClerk
    Illinois Pollution Control Board
    32—268

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