ILLINOIS POLLUTION CONTROL BOARD

July 20,

1978

GLOBE WHOLESALE BUILDING,

)

)

Petitioner,

)

)

v.

)

PCB 78—166

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter was brought before the Board by Globe Wholesale

Building

(Globe)

on an emergency basis requesting variance from

Section 962 of the Board’s Water Pollution Regulations (Regu-

lations)

to allow the Illinois Environmental Protection Agency

(Agency)

to issue

a permit under Section 952 of the Regulations

for Globe’s warehouse located in the Village of Itasca,

Illinois.

At the time of construction,

the building was allocated 30

population equivalents

(P.E.) with respect to the sewage dis-

charge of the industrial site in which it

is located.

Globe was

required to file with the Illinois Environmental Protection

Agency for a permit for the allocation but, apparently through

a misunderstanding,

Globe was informed that it would not need a

permit since it proposed to discharge less than 1500 gallons of

effluent per day.

A permit for

30 P.E. was thus never issued,

and in 1976,

the Village of Itasca was placed on restricted status

by the Agency.

Globe

is in negotiations with Superior Tea to

rent the entire premises to Superior Tea, but as

a condition

precedent to the lease being consummated, Superior Tea requires

an occupancy permit covering their eventual full time employment

of 175 employees and transient flow of

25 outside truck drivers

which may from time to time be on the premises.

It is estimated

that this number of people would produce a P.E. of

28.

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—2—

Globe alleges that it would be unable to rent the warehouse

without the permit and that the result would be not only extreme

financial hardship to Globe but in addition would cause the

eventual loss of jobs and would cause the warehouse to be empty

and

therefore a blight in the area.

The Agency Recommendation

was received by the Board on an emergency basis and indicates

that the sewage treatment plant operated by the Village of Itasca

is under restricted status and is

in violation of water quality

and effluent standards at the present time.

However data pre-

seated by the Agency indicates that Spring Brook,

the receiving

stream, does not seem to be adversely affected by Itasca’s dis-

charge.

The Agency proposes that a variance for 28 P.E. be

granted rather than the

35 P.E. requested by Globe.

The Board finds that it would be an arbitrary and unreason-

able hardship to deny Globe this variance, particularly since

the need for the variance appears to be caused by a minor mini-

sterial or administrative error in 1973.

The Board will there-

fore grant variance to Globe for its warehouse from Rule 962

Chapter

3

for a total of

30 P.E.,

the original allottment for

that warehouse, under certain conditions.

This Opinion constitutes the finding of facts and conclusions

of law of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that Globe

Wholesale Building be granted variance from Rule 962 of Chapter

3 of the Board’s Water Pollution Regulations subject to the

following conditions:

A.

Discharge shall be limited to

30 population

equivalents.

B.

This variance in no way affects the status

of the Itasca sewage treatment plant.

C.

Within 45 days of the ado~ptionof this Order,

the Globe Wholesale Building shall execute and

forward to the Illinois Environmental Protection

Agency,

2200 Churchill Road,

Springfield, Illinois

62706 a Certification of Acceptance and Agreement

to be bound to all terms and conditions of this

Order.

The

45 day period shall be held in abeyance

during any period this matter is being appealed.

31-126

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—3—

The form of said Certification shall be as follows:

CERTIFICATION

I

(We),

having read and

fully understanding the Order of the Illinois Pollution

Control Board in PCB 78-166 hereby accept said Order

and agree

to be bound by all of the terms and conditions

thereof.

SIGNED___________________________

TITLE____________________________

DATE___________________________

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, bereby certify the a ove Opinion and Order

wer~dopted on the~~’day of

,

1978 by a vote

Christan L. Moff

Clerk

Illinois Pollutio

ontrol Board