ILLINOIS POLLUTION CONTROL BOARD
    April 27, 1978
    SCHOOL DISTRICT #189
    Petitioner,
    v.
    )
    PCB 78-11
    ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (By Mr. Dumelle):
    Petitioner is requesting relief from Sections 12 and
    39 of the Act and Rule 962 of Chapter 3: Water Pollution of
    the Board’s Rules and Regulations. The Agency has
    recommended
    that a Variance from Rule 962 be granted. No hearing was
    held.
    Petitioner operates the Grahmann School in the City
    of East St. Louis in St. Clair County. The school is presently
    discharging domestic sewage into a septic system which has
    been overflowing. This has caused raw sewage to flow across
    the school yard which, Petitioner feels, constitutes a health
    hazard. The Agency denied Petitioner’s request for a permit to
    construct a sanitary sewer extension which would have alleviated
    the problem. The denial was based on the fact that the proposed
    extension would be tributary to the Cahokia Sewage Treatment
    Plant whose sewers have been placed on the restricted status list.
    Petitioner is proposing to discharge 6,050 gallons
    per day from the present school facility and 5,185 gallons
    per day from a
    new
    Special Education Building for the
    1 ra i nable
    mental
    1 y
    band icappecll
    .
    The irobi em
    n LIiis case
    ites
    not witJi the Cahokia Plant,
    but,
    with
    the sewers which are
    tributary to it, The Cahokia Plant has adequate design
    capacity to accept Petitioner’s wastestream. Although the effluent
    from this plant does not yet comply with Federal or Board
    standards, it will be phased out of operation when a proposed
    Regional Plant is constructed in nearby Sauget. Completion of the
    proposed plant is at least three years away.
    The sewer system which would connect Petitioner with the
    Cahokia Plant has been described as “severely distressed” or
    “collapsed” by the Agency. Petitioner pointed out that there
    may be an overflow in Cahokia allowing sewage to bypass into
    a drainage ditch. There is no mention of any basement flooding
    in the area. The Agency estimates that at least two years time
    will be needed to rehabilitate the faulty sewers.
    30—125
    —2—
    Although no health hazard has been established, the potential
    certainly exists. It would be more desirable to divert
    the sewage from the schoolyard to a malfunctioning system.
    Denial of this Variance would constitute an arbitrary and unreasonable
    hardship for Petitioner.
    The Board agrees with the Agency’s conclusion that no
    Variance from Section 39 of the Act is necessary in this
    case. With this Variance from Rule 962, Petitioner will
    be able to obtain the necessary permits. For the same reason,
    no Variance from Section 12 of the Act is warranted
    here.
    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 denied a Variance from Sections 12 and 39 of the
    Act and granted a Variance from Rule 962 of Chapter 3:
    Water Pollution of the Board’s Rules and Regulations subject
    to the following conditions:
    1) Petitioner shall obtain all the necessary Agency permits
    before construction or operation of its proposed
    sanitary sewer extension.
    2) Within 45 days after the date of this Board Order herein,
    District 189 shall execute and forward to the Illinois
    Environmental Protection Agency, Variance Section,
    2200 Churchill Road, Springfield, Illinois 62706
    a Certification of Acceptance and Agreement to be
    bound by all terms and conditions of this variance.
    This 45 day period shall be held in abeyance
    for any per~od duri nq which th I s maLi-cr i s appea
    ii~d
    The
    form o
    I Lhe (2cr Li
    I.i.ca I
    LOfl
    shal. I be as to I lows
    CERTIFICATION
    I (We), ______________________having read and fully
    understanding the Order of the Illinois Pollution Control
    Board in PCB 78-11 hereby accept that Order and agree
    to be bound by all of its terms and conditions.
    SIGNED
    TITLE
    30—l26
    DATE
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adopted on the ,~1’~’ day of
    ~J,
    1978 by a
    vote of ~
    .
    Christan L. Noff
    Clerk
    Illinois
    Polluti
    ontrol Board
    30~I27

    Back to top