ILLINOIS POLLUTION CONTROL BOARD
October 19,
1978
WILLOWBROOK UTILITY COMPANY,
)
)
Petitioner,
v.
)
PCB 78—194
ENVIRONMENTAL PROTECTION AGENCY,
)
)
Respondent.
OPINION
AND
O!WER OF
THE
BOARD
(by Mr. Durnelle):
Petitioner
is requesting a variance from the requir~ments
of Rule 962(a)
of Chapter
3:
Water Pollution of the Board’s
Rules and Regulations.
The Agency has recommended that the request
be granted subject to certain conditions.
No hearing was held.
Petitioner operates a sewage treatment plant which serves
a group of subdivisions in eastern Will County.
The plant con-
sists of two package plants which have the total hydraulic capacity
to treat 160,000 gallons per day.
This hydraulic capacity trans-
lates to a design capacity of 1600 population equivalents
(P.E.).
The
Agency has recently issued Petitioner a “construct only” permit
for an additional 676 P.E.
In a condition to this permit the Agency
indicated that no operating permit would be issued for this sewer
extension until additional capacity is added to the treatment
plant.
Petitioner admits that this extension will enable the
plant to exceed its design capacity by 556 P.E. but feels that it
should not be restricted at this time since the average flow is only
36,000 gallons per day.
Petitioner is asking that connections
to its treatment plant be limited by actual loadings rather than
permitted loadings.
Petitioner is not seeking a variance from any of the
Board’s water quality or effluent standards.
Rather Petitioner
is seeking a variance from the Agency’s guidelines which provide
that unused capacity shall be determined by examining previously
permitted loadings.
These Agency guidelines become Board standards
by virtue of Rule 962 making relief in the form of a variance
necessary.
Petitioner plans to initiate construction of a “Second
Addition” to its treatment plant when the present plant reaches
90
capacity.
This is not expected to occur until
1986.
In the
meantime Petitioner proposes to make quarterly reports to the
Agency on the number of new service connections and to set up an
—2—
escrow account of approximately $450,000. to finance the necessary
construction.
The Board finds that the circumstances of this case merit
special attention.
Petitioner’s treatment plant receives only
sanitary sewage and no industrial or commercial wastes.
Homes are
constructed individually.
Consequently, the loading can be pre-
dicted accurately.
Denial of a variance in this instance would
require Petitioner to construct additions to its treatment plant
which might not be used for eight years or to build on only those
lots which have permitted sewer service.
Either alternative would
impose economic hardship without any resulting environmental improve-
ment.
This imbalance renders the hardship arbitrary and unreasonable.
The Board finds that the quarterly reporting form attached
as Exhibit C is sufficient to inform the Agency of development
of subdivisions.
The escrow agreement attached as Exhibit D is
sufficient to insure that necessary construction will be financed.
The Agency’s request to be advised annually of the escrow balance
is reasonable.
Since this variance is limited to a term of five
years by Section 36(b)
of the Act and no sewage plant or inter-
ceptor construction is contemplated for eight years, a
firm
time-
table for compliance can be addressed in a future proceeding.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Pollution Control Board that
Petitioner be granted a variance from the requirements of Rule 962
of Chapter
3: Water Pollution of the Board’s Rules and Regulations
until September 30,
1983 subject to the following conditions:
1)
Petitioner shall submit quarterly reports to the Agency
in the form attached as Exhibit C to Petitioner’s response.
2)
Within
30 days of the date of this Order, Petitioner
shall submit a copy of an executed escrow agreement
to the Agency in the form attached as Exhibit D to
Petitioner’ s response.
3)
On July
1 of each year until the termination of the
escrow agreement Petitioner shall submit a report of
the escrow balance certified by the escrow agent.
4)
All reports and documents referenced in conditions 1-3
shall be sent to Manager, Permits Section, Division of
Water Pollution Control, Illinois Environmental Protec-
tion Agency,
2200 Churchill Road,
Springfield,
Illinois,
62706.
31—690
—3—
5)
If, during the term of this variance, the loading
on Petitioner’s sewage treatment plant reaches 90
of its actual capacity, Petitioner shall initiate con-
struction, after receipt of the necessary Agency per-
mits,
of a second addition to its plant or of an inter-
ceptor sewer to connect its collection system to an
areawide waste treatment facility.
6)
Within 45 days of the date of this Order, Petitioner
shall execute and forward to Manager, Enforcement Programs,
Illinois Environmental Protection Agency,
2200 Churchill
Road,
Springfield, Illinois 62706 a Certificate of
Acceptance and Agreement to be bound to all of the terms
and conditions of this variance.
This
45 day period
shall be held in abeyance during any period this matter
is being appealed.
The form of 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—194 hereby accept
that Order and agree
to be bound to all of its terms and
conditions.
SIGNED
__________________________
TITLE
_____________________________
DATE
__________________________
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board,
herebyk certify the above Opinio
nd Order were
adopted on the
/4
T’
day of
________________,
1978
by a vote of
g...c~
Illinois Pollution
itrol Board