ILLINOIS

POLLUTION

CONTROL

~CA1~D

August

i~,

1977

JAMES T.

NEWMAN,

)

Petitioner,

v.

)

PCB 77—137

ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent

OPINION AND ORDER OF THE BOARD

(by

Mr. Goodman):

This matter is before the Board on a Variance Petition filed

May 20,

1977 seeking variance from Chapter

3:

Water Pollution

Regulations,

Rule 602(b).

On June

9,

1977 Petitioner amended the

Petition

in compliance with the Board Order of May 26,

1977 by

waiving the hearing.

Petitioner requests a variance to allow the connection

and

operation of sewer extensions for five of ten residential lots in

the Newman subdivision of New Athens,

St. Clair County.

The New

Athens sewage system is on restricted status.

It was designed to

treat a population equivalent of 2000 but presently serves 2050

residents.

The New Athens plant, which discharges into a one-half

mile ditch connecting to the Kaskaskia River,

is periodically over-

loaded,

both hydraulically and organically.

The Agency indicates

the plant is well run,

though,

and sample analyses indicate the

effluent has been close to meeting effluent standards.

Further,

the plant is presently being upgraded to treat a population

equivalent of 3000 and is scheduled for completion in January,

1978.

Newman argues that denial of the variance would impose an

arbitrary and unreasonable hardship.

Prospective lot owners would

be forced to install septic tanks at a cost of $1,000 and then

26~351

‘c7

---

remove

the

tank after a period possibly as

short as four or five

months.

This would deter buyers from locating in the ~

sub-

division

and

would

leave

Petitioner

with

the

cost

of

his

investment

but no return.

Against

Petitioner~s

hardship

weighs

the

short

time

before restricted

status

is

lifted

and

the

effluent

samples

showing

standards are

presently

close

to

being

met.

Because

minimal

environ-

mental

impact

will

result

from

the

connection

of

the

five

residences,

we

believe

denial

of

the

variance

would

impose

an

arbitrary

and

unreasonable

hardship.

The

variance

is

granted

until

April

1,

1978

or

until the New Athens

upgrading

rac~iity

~s

~n

operation, wnch—

ever is first.

This Opinion

constitutes

the

Boari~s

find~nq

of

fact and

conclusions of law in this matter.

The Pollution Control Board hereby grants James

T. Newman

variance from Rule 602(b)

of Chapter

3:

~fater Pollution Regulations

to allow the connection

and

operation

of

sewer

extensions

to

five

(5)

residences

in the

New

Athens

subdivision

herein

until April

1,

1978 or until the New Athens upgraded facility is fully operational,

whichever is first.

IT IS SO ORDERED.

I,

Christan

L.

Moffett~

Clerk

of

the

Illinois

Pollution Control

Board,

hereby

certify

the

abqve

Opinion

and

Order

were

adooted

on

theJ2±

day

~

1977

by

a

vote

of~~____

____

Christan L. Moff

Clerk

Illinois Pollutio

ontrol Board

~28-352