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COUNTR~

AIRE MCBIIH

e(~1~~

LCB

77~l26

ENVIRONMENTAL PROTECTION

~GENL~

OPINION AND ORDER

OF TH~ BuAR~

uy

LuIne~LIP):

This matter

comes

he~o~

~p

‘~rr~i Board (Board)

upon the May 9, 1977

Petiti~

c~

y

~rc

~obiJ~o

Home

Park

(Country Aire) for a

variance f~ ~~?s 2~’~’,402 and

404(f) of

Chapter 3: Water

PolIuLion,

T1~

Foci4 adcL~e~a

more

information

order on May

12, 1977 and Crn~ntr’

~ tilec in

amended

Petition

waiving

its

right

to a hearing ~i~ne 9 19 7 The

Environmental

Protection Agency

(Agency) filed t~ ~eency Heccmmendation

in support

of a variance

on July 5, 1977w

Country Aire

operates a sanit~ty sewage collection

and treatment

system, located in

Mt.

Vernon,

Jeffeison Cc~cty Illinois,

which consists

of

a

three cell iagcon lol1o~ie~by effluent

chlorination~

Presently ~le cy~tea ~tr~os ip~rox~nate1y175

people

and has a design

P~E, c. 276 Etfbi~’t ~c~m the sewage

treatment

plant flows into

R~ne Lake.

7 ei ~

~e ~

ci

~eent1y

planning

to upgrade its

system.

Cer ~r’ Airc 1 ~ a-’p1 ~ed for

a lagoon

exemption from

Rule

404(f) w1~icr

~

by

tre Agency

on

March 10, 1977.

The granting ot a ~aria ice from Rule

203(c) and

Rule 402 as to phosrnorus

would iwiririt ~qenr agproval of its

lagoon exemption~ A

variance from

~i

If 404~t~

is

not

necessary

since a variance

fr ~ Rule ~‘0~

‘~) w~

id oe~at~the

requirement

of not having a

violation, alur~ or ir. combiration

with other

sources, of the

phosphorus wafer q~.ality standard

when applying

for the lagoon

exemption~

The Agency

submits Uat ~.cqu nay pho~pco~J~removal

to the

0.05 mg/i level

is e~onoa. ~i ~n2eascna14e.. Consistent

with this

belief, the

Agency

has filed ~ ce’~1t1or~fo

i~oju~.atory

Change which

if adopted

would

e~emct se a~e tisatmeric pie ts

such

as Country

---

Aire~s from providing any phosphorus removal.

Thus an

arbitrary and unreasonable hardship has been shown

here. The Board has

repeatedly granted variances from Rules 203(c) and

402 for small

sewage treatment plants. Villa e of Ar enta and

Village otL~rio’~

PCB 75—182, PCB 75—183, 18 PCB15

;

Vi lage of

Stewardson, PCB 77~~’l0~

Village of Kansas, PCB 77—109; Villa~eof Herrick, PCB

77—110.

The environmental impact of granting this variance

is

slight

as Country Aire contributes only 0

•

18 of the total

phosphorus icad

in Rend Lake. Since granting this variance would open

the way to

Agency approval of a lagoon exemption the Board finds

that the

benefits to be gained from the grant of this variance

outweighs ~rg;

harm to the environment.

The Board hereby grants Country Aire a variance

from Rules

203(c) and 402 of Chapter 3: Water Pollution, until June

1,

1982

subject to the following conditions. First, this

variance shall

terminate upon the adoption by the Board of any modification

of

the existing phosphorus water quality standards and effluent

iimi~

tations. Further, when designing storage for chemicals

as part of

its upgrading program, Country Aire is to provide space for

mixiiig

and dosing equipment capable of phosphorus removal.

This Opinion constitutes the findings of fact and

conciusion~

(~DER

Country Aire Mobile Home Park is granted a variance

for its

sewage treatment facilities from Rule 203(c)~and

Rule

402

(as

to

phosphorus) of Chapter 3: Water Pollution until June 1,

1982,

subject to the following conditions:

1. This variance will terminate upon ~.doption

by the

Board of any modification of the existitig phosphorus

watei

quality standards and effluent limitations and Country

Airs

shall comply with such revised regulations when adopted by

the Board.

2. When designing storage for chemicajs as part of

its

upgrading program, Country Aire shall provide

space for

mixing and dosing equipment capable of meeting

phosphorus

water quality standards and effluent lImitations

which ma

be established by the Board.

3. Petitioner shall execute and forw9d to

the Environmental..

Protection Agency, Enforcement ProgramS, 2200 Churchill

Roac

Springfield, Illinois 62706 and to the Pollution

Control

Board within 28 days after the date of

this Order

a

Certificate

of Acceptance and Agreement to be bound to all

the terms and

conditions of this variance, the form of, said

Certificate

to be as follows:

---

CERTIFICATION

I, (We),

having read

the Order of the Pollution Control Board in PCB 77-126, under-

stand and accept said Order, realizing that such acceptance

renders all terms and conditions thereto binding and enforceable.

IT IS SO ORDERED.

S IGNED

TITLE

DATE

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify

the abov Opinion and Order were adopted on.

the

‘/~1

day of

,

1977

by a vote of_

~

Illinois Po