ILLINOIS POLLUTION CONTROL BOARD
    January 4,
    1979
    VILLAGE OF
    CAMP
    POINT,
    )
    Petitioner,
    v.
    )
    PCB 78—252
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Petitioner has requested
    a variance from Rule
    602(b)
    of
    Chapter
    3:
    Water Pollution of the Board’s Rules and Regulations.
    Petitioner is asking that three
    sanitary sewer overflows be allowed
    until its sewer system can be upgraded.
    The variance has been
    requested as part of a
    stipulation and proposal for settlement
    in EPA v. Village of Camp Point, PCB 77-210,
    30 PCB
    499, June 22,
    1978.
    The Agency has
    recommended that the variance be granted for two
    years on the condition
    that Petitioner pursues grant funding and
    complies with grant schedules.
    No hearing was held.
    Petitioner plugged the three overflows but found that this can
    lead to basement flooding during storms.
    Petitioner’s sanitary
    sewers suffer from severe infiltration and inflow.
    The Agency has
    indicated that funds will become available to correct the problem.
    The Agency claims that the overflows will not have any
    significant adverse effect on Figley Branch or McKee
    Creek.
    Balancing this small impact against basement flooding, the Board
    concludes that denial of the variance would constitute an arbitrary
    or unreasonable hardship.
    This Opinion constitutes the Board’s findings of fact and
    conclusion of law in this matter.
    ORDER
    It is the Order of the Pollution Control Board that
    1)
    Petitioner be granted a two year variance from the
    requirements of Rule 602(b)
    of Chapter
    3:
    Water Pollution of
    the Board’s Rules and Regulations
    subject to the following conditions:
    a)
    Petitioner shall diligently pursue grant funding
    and meet all grant related schedules; and
    32—365
    —2—
    b)
    Within
    45 days of the date of this Order, Petitioner
    shall execute and forward to the Illinois Environmental
    Protection Agency,
    Division of Water Pollution Control,
    Variance Unit,
    2200 Churchill Road,
    Springfield,
    Illinois 62706
    a Certificate of Acceptance and Agreement
    to be bound to all terms and conditions of this variance.
    This 45 day period shall be held in abeyance during
    any period this matter is appealed.
    The Certificate
    shall read as follows:
    CERTIFICATION
    I (We),
    ,
    having read and fully understanding
    the Order of the Illinois Pollution Control Board in PCB 78-252,
    hereby accept that Order and agree to be bound by all of its terms
    and conditions.
    SIGNED
    TITLE
    DATE
    2)
    The Agency shall modify NPDES Permit No.
    IL 0050458 consistent
    with the terms of this Order and shall
    include interim effluent
    limitations in that permit based on best practicable treatment.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Boarçl
    hereby certify the above Opinion and Order were adopted on the
    _______
    day of
    ____________
    1979 by a vote of
    4/_ti
    ~~inoisPollut~ncontrolBo
    ard
    32—366

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