ILLINOIS POLLUTION CONTROL BOARD
November 10, 1977
MAPLE HILL NURSING HOME,
)
Petitioner,
v.
) PCB 77—202
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
This matter comes before the Board on the petition filed
July 25, 1977 by Maple Hill Nursing Home (Maple) seeking
variance from Rule 404(f) (ii) of Chapter 3: Water Pollution.
The Agency recommendation favorable to the grant of the
variance was filed on September 6, 1977. No hearing was held.
Petitioner operates a nursing home in Long Grove, Illinois.
The facility has a sewage treatment plant consisting of a
coinminutor and a two cell lagoon. The design capacity is
15,000 gallons per day, with effluent being discharged into
Buffalo Creek. Maple’s effluent exceeds the Rule 404(f) (ii)
limitations of 10 mg/l BOD and 12 mg/l suspended solids and
has reached 74 mg/i BOD in March 1977 and 16 mg/i suspended
solids in April 1977.
Maple is currently building an addition to its nursing
home which will increase the capacity from 97 to 151 beds.
(It is not clear from the record when this addition will be
complete.) Current discharge to the treatment facility
averages 12,000 gallons per day, and the expansion will bring
the treatment plant up to its design capacity. No substantial
change in effluent quality is expected since the treatment
plant consists of lagoons rather than a mechanical system.
Maple is located 2-1/2 miles from the nearest sanitary
sewer connection, and it would cost Maple approximately $184,000
to presently construct a private sewer line for 2—1/2 miles.
As an alternative, Maple could upgrade its treatment plant at
a cost of approximately $150,000.
The Lake County Department of Public Works is planning
to construct an interceptor sewer along Route 53 which will
come within 1/4 mile of Maple’s treatment facility. Construction
is expected to begin next
spring
and to last approximately one
year. The cost to Maple of connecting to the planned interceptor
sewer is estimated to be $15,000.
28— 171
The Board finds that Maple would suffer an arbitrary or
unreasonable hardship if it were forced to choose either cur-
rently available alternative. The availability of a sewer
in 18 months, which would allow compliance by Maple at one-
tenth the cost of currently available alternatives, is clearly
the deciding factor. Hence, the Board will grant the variance
for a period of 18 months, subject to certain conditions.
This Opinion constitutes the findings of fact and con-
clusions of law in this matter.
ORDER
The Petitioner, Maple Hill Nursing Home, is granted a
variance for its sewage treatment plant from Rule 404(f) (ii)
of Chapter 3: Water Pollution Control Regulations until
June 1, 1979, subject to the following conditions:
1. Petitioner shall not exceed the design capacity
of the existing treatment plant of 15,000 gallons
per day.
2. Petitioner shall continue to submit discharge
monitoring reports as required by its NPDES permit.
3. Petitioner shall operate the existing treatment
facility as efficiently as possible.
4. Petitioner shall obtain the necessary permit for
the sewer to be installed between the facility and
the interceptor and shall connect to the interceptor
sewer as soon as possible.
5. The variance will terminate when connection is
made and operation is possible.
6. Within twenty-one (21) days of the Board’s inal
Order herein, the Petitioner shall forward to the
Illinois Environmental Protection Agency, Variance
Section, Manager, Division of Water Pollution Control,
2200 Churchill Road, Springfield, Illinois 62706,
and to the Illinois Pollution Control Board, 309 W.
Washington St., Chicago, Illinois 60606, a Certification
of Acceptance and Agreement to be bound by all terms
and conditions of the variance. The form of said
Certification shall be as follows:
28— 172
CERTIFICATION
I (We),
,
having
read and fully understanding the Order of the Pollution Control
Board in PCB 77-202 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, hereby certify the above Opinion and Order
were adopted on the
/
O~ day of
~
,
1977 by
avoteof~~
Illinois Pollution
28
—
173