ILLINOIS POLLUTION CONTROL BOARD
May 26, 1977
TRUST #182,
CRAWFORD
COUNTY STATE
)
BANK, ROBINSON,
ILLINOIS,
(FAIR—
FIELD LAMPLIGHT
MANOR
APARTMENT
COMPLEX),
and CITY OF FAIRFIELD,
Petitioners,
v.
)
PCB 76—324
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr.
Zeitlin):
Petition for Variance
was
originally filed on behalf of Trust
#182, Crawford County State Bank,
(Lamplight Manor),
on December
27,
1976.
On January
6,
1977,
this Board entered an Interim Order
requiring additional information on the Petition, which information
was filed on January
20,
1977,
in an Amended Petition.
Pursuant to a formal Objection filed by the Environmental
Protection Agency
(Agency)
on February
1,
1977,
the Board ordered
the matter set for hearing.
On March 17,
1977, the Board entered
an additional Interim Order granting the Agency’s motion to join
the City of Fairfield,
Illinois
(Fairfield), as a necessary party.
(Without the Board’s knowledge,
the City of Fairfield’s City Council
passed
a resolution on March
8,
1977, expressing Fairfield’s intent
to become a party to the matter,
R.
35.)
The Agency’s Recommendation was filed with the Board on
March
3,
1977.
A hearing was held
in Fairfield on March
23,
1977.
Certain difficulties
with
that hearinq, subsequently resolved, are
detailed
in an Interim Order of the Board dated April
28,
1977.
The Petition and Amended Petition in this matter seek variance
from Rule 962 of Chapter
3: Water Pollution,
to allow the construction
and connection of sewers to serve a proposed 24—unit apartment
complex
(Fairfield Lamplight Manor)
tributary to Fairfield’s sanitary
sewer system.
Fairfield is presently on Restricted Status due to
overloading
(organic and hydraulic)
of its sewage treatment plant.
The Fairfield sewage treatment plant
(STP)
has a design capacity
of approximately
.6 mgd,
(R.
44).
The plant is currently receiving
dry weather flows of approximately .75 mgd,
to which the Petitioners
propose to add an additional load of 7,200 gpd.
It
is estimated
that the population of the apartment complex will be
72 individuals.
25
—
The Agency originally recommended that the requested Variance
be denied, based on allegations that Fairfield had not proceeded
expeditiously in its attempts
to obtain grant funding for
STP
upgrading, and that the existing STP was being improperly operated.
The Agency also alleged that Fairfield did not employ a required
certified STP operator, and that necessary reports were not being
submitted.
Testimony presented by the Petitioner indicated that Fairfield
has now employed
a certified STP operator,
(R.
51-60), and that the
necessary reports will be submitted as soon as the necessary labora-
tory equipment (already ordered) has been received.
Fairfield has continued with its attempts
to obtain grant funding
and
is now at the point of submitting a facilities plan to the Agency,
(R. 34).
An infiltration inflow analysis has already been submitted,
and a sewer system evaluation survey is being conducted,
(id.).
The Agency’s Recommendation indicated that if Fairfield were
to proceed expeditiously,
and significant changes were not made to
the City’s plans,
it would be possible for the Fairfield STP to be
upgraded within 18 months to two years,
(Rec.,
¶9).
Fairfield has
estimated that construction will be completed and the STP will be
operational in “early 1979,”
(R.
44).
Petitioner’s consultant testified that Petitioner proceeded
in good faith in its attempt to comply with all requirements, state
and local, concerning the proposed apartment complex.
Petitioner
obtained all necessary zoning changes and local approval for the
project by early 1976,
and obtained funding from the Farmers’ Home
Administration 1975—1976 budget.
Petitioner did not learn of Fair-
field’s Restricted Status until July,
1976,
(R.
10).
Petitioner
had by that time made significant financial commitments.
Petitioner presented several witnesses,
including the mayor of
Fairfield,
to testify as to the need for such housing
in the Fairfield
area,
(B.
51, et seq.).
Those witnesses testified that there
is
a
significant housing shortage in
the
area, due
in
part
Lo
the
dilapi-
dated condition of existing housing.
The witnesses alleged that
the additional load upon the Fairfield STP resulting from this
complex would be minimized,
as many residents will probably relocate
from existing housing within the city.
At the conclusion of the March
23,
1977, hearing,
the Agency
recommended that the requested variance be granted.
The Agency’s
Recommendation was based on the acceptance
--
by Fairfield
——
of
all conditions set forth in the Agency’s original Recommendation.
The Agency also noted
that Fairfield is proceeding to correct
existing deficiencies at the present STP, and that the City’s
timetable for construction of the new facility does not appear
unreasonable.
25
—
574
Weighing the potential hardship to Petitioner,
along with the
unchallenged allegations concerning
the need for additional housing
in the Fairfield area, against
a maximum potential increase
in STP
loading of less than one percent,
for a period of two years or
less,
we feel that a Variance is warranted in this situation.
Inasmuch
as the City of Fairfield
(as a party Petitioner)
has agreed to all
conditions
suggested by the Agency,
we shall incorporate those
conditions
in our Order.
We shall also require submission of a
standard certification form.
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER
IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that Petitioner
Trust
#182, Crawford County State Bank,
Robinson, Illinois, and
Petitioner City of Fairfield,
Illinois,
be granted Variance from
Rule 962 of Chapter
3: Water Pollution,
to allow the construction
and connection
of sewer extensions and related facilities
to serve
a 24-unit apartment complex known as the Fairfield Lamplight Manor,
such Variance being conditioned upon compliance with the following:
A.
Petitioner City of Fairfield shall improve operation
and maintenance at its existing sewage treatment
plant to provide optimum operating efficiency with
existing treatment facilities;
B.
Bypassing of the existing sewage treatment plant
shall be minimized;
C.
A properly certified operator shall
be retained;
all required monitoring reports shall
be filed with
Respondent Environmental Protection Agency;
D.
Chlorination
facilities
shall
be installed at
Lhe
existing
sewa(~etreatment
planL, or
a Variance
from
such
requirement shall
he obtained in a timely
fashion.;
E.
Petitioner City of Fairfield shall diligently perform
all actions required for construction grant funding
to upgrade existing sewage treatment facilities; and,
F.
Petitioners shall each,
within thirty
(30) days of
the date of this Order, execute and forward to the
Environmental Protection Agency, Control Program
Coordinator,
2200 Churchill Road,
Springfield,
Illinois 62706,
a Certificate of Acceptance in the
following form:
25
—
575
CERTIFICATE OF ACCEPTANCE
I,
(We), ________________________
having read
the Order of the Illinois Pollution Control Board in
case No. PCB 76-324,
understand and accept said Order,
realizing that such acceptance renders all terms and
conditions thereto binding and enforceable.
Mr. James Young dissented.
SIGNED
TITLE
DATE
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control
Board, hereby certify the above Opinion and Order we~e
adopted on the
~U~-
day of
,
1977,
by a vote of
•‘I—/
Illinois Pollution
ol Board
25
—
576