ILLINOIS POLLUTION CONTROL BOARD

June

18, 1976

CITY OF OGLESBY AND JANKO

BUILDING COMPANY,

Petitioner,

v.

)

PCB 76—97

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Young):

This matter comes before the Board on the variance petition

filed April 12, 1976 by the City of Oglesby and the Janko Building

Company seeking relief from Rule 602(d) (3) of Chapter 3: Water

Pollution Rules and Regulations. An Agency Recommendation was

filed with the Board on May 21, 1976.

Rule 602(d) (3) establishes a compliance date of December 31,

1975 for Rule 602(c), which requires in part that all combined

sewer overflows shall be given sufficient treatment to prevent

pollution or a violation of applicable water quality standards.

The City of Oglesby presently operates a combined sewer system

with a treatment plant bypass and combined sewer overflows. Be-

cause the City of Oglesby is presently not in compliance with Rule

602(d) (3), the Agency denied Janko a permit for the construction

of a sewer extension to a proposed industrial park. Petitioners

allege they will suffer an unreasonable hardship if the variance

request is denied because new industry will not be able to locate

in the area.

Petitioners allege that the grant of this variance will

not

result in any immediate, additional use of the Oglesby sewer system,

since each individual industrial discharger which locates within

the industrial park will still be required to apply for and

obtain

an individual Agency construction permit, Therefore,

even if the

present variance is granted allowing the construction of the sewer

extension, industrial users will

still

be obliged to obtain con-

nection permits, and Agency denial might be predicated on violatic:~

of rules other than Rule 602(d) (3). This permit process will ~n—

sure that all other Rules and Regulations are complied with, exce~

for the treatment of combined sewer overflows.

22— 177

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—2—

In January the City of Oglesby was informed by the Agency

that state grant assistance is available for the completion of

Step I facilities planning and the City has submitted an applica-

tion to receive those funds. The City has been reluctant to pro-

ceed with the sewer and treatment plant improvement projects in

the absence of State authorization because it would be precluded

from any reimbursement from State/Federal grant funds if they were

to proceed in advance of a grant award.

The Agency has recognized the fact many municipalities and

sanitary districts throughout the State have not met and cannot

presently meet the December 31, 1975 compliance date as set by

Rule 602(d) (3). On December 22, 1975, the Agency filed an Amended

Petition for Regulatory Change (R75—15) with the Board specifically

requesting that the date for complying with Rule 602(d) (3) be

extended until July 1, 1977, provided a grant application had been

filed before December 31, 1975. Although the Board has not taken

final action on this proposal, at its May 20, 1976 meeting, the

Board authorized for publication a proposed final draft of the Rule

change which would adopt the substance of the Agency’s amendatory

proposal. The economic impact hearings have yet to be conducted

in this matter.

In view of the foregoing, the Board is disposed to grant the

City of Oglesby the relief

requested.

We believe an arbitrary

and unreasonable hardship would be placed on the City by requiring

the massive capital outlays necessary for compliance without first

allowing the City to obtain assistance from existing grant programs

(The Clinton Sanitary District, PCB 75—498; The Sanitary District

of Elgin, PCB 75—501)

The Agency submits, and the Board agrees, that it will not be

necessary to grant Janko a variance from Rule 602(d) (3). The

grant of relief to the City is sufficient for both parties, although

Janko will have to reactivate or resubmit its permit application.

This Opinion constitutes the Board’s findings of fact and con-

clusions of law in this matter.

ORDER

1. The City of Oglesby is granted variance from the compliance

date for combined sewer overflows as established by Rule 602(d) (3)

of the Water Pollution Rules and Regulations. Such variance is

granted until July 1, 1977, or until the Board adopts an Amendment

to the Regulations in consideration of the Agency Regulatory Pro-

posal (R75—l5), whichever is later.

22— 178

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—3—

2. The City is required during this period to maintain

optimum operating efficiency and convey as much combined sewer

flow to its plant for treatment as is possible.

3. This variance will immediately terminate if the City

is offered a grant during this period and the City does not

respond with appropriate action to bring it into compliance.

4. The Janko Building Company’s petition for variance

from Rule 602(d) (3) is hereby dismissed.

IT IS SO ORDERED.

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

Control Board, her~Dycertify the above Opinion and Order were

adopted on the ~

‘~

day of

~

,

1976 by

a vote of ~-p

~

Illinois Pollution C ol Board

22—