ILLINOIS POLLUTION CONTROL BOARD

February

3,

1977

SCHOOL DISTRICT

#102

Petitioner,

v.

)

PCB 76—307

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION OF THE BOARD

(by Mr. Dumelle)

On January

6,

1977

the Board granted Petitioner a variance

from Water Pollution Regulation 962 permitting

the connection of

the proposed middle school onto the Marquette Heights sewer

system.

The Board’s Opinion,

in this matter, which was not

issued at

the time of

the January

6,

1977 Order, appears below.

This matter came before the Board on a Petition for Variance

filed

on November 30,

1976 by School District No.

102, Tazewell

County.

The Agency filed its Recommendation on December 30,

1976,

recommending the granting of this variance

to allow the connection

of

the

proposed middle school onto the Marquette Heights sewer

system.

The Recommendation included inspection and sampling data

regarding

the Marquette Heights plant

(Plant)

,

which had previously

caused

the

Agency to deny Petitioner’s application for an

Agency construction permit due to the violations occurring at

that Plant.

Construction of the new school, with a maximum enrollment

of

600

st-iideflts,

is

fl(~CC’SSary,

r~f

1c~iut

in

p~irt

,

1~’iii~u~

Hu’

1~H

(

;‘t()wn

iii~j~t

III(~I~~~~()I

h~n;

I)((n

l~It~(t

to

1~(

I

iuid&’juat

(

~1!1d

uiiuu

i

I able I~t~

put.)

I

IC

SChOOl

~)UrpOSes

I

1)dS—

much as

the

existing school will be abandoned upon completion

of the new middle school, and both schools would be connected

onto the same Plant, the new school would account for the

addition of an estimated population equivalent of

57

to the

Plant’s loading.

The Agency places the increased loading

at

46 P.E.

The actual increase

in pollution caused by con-

struction of the new school will be negligible.

For this reason,

coupled with the extreme social value and necessity

for the

new middle school,

the Board finds that a denial of the requested

variance would place an arbitrary or unreasonable hardship upon

Petitioner.

24

—

715

---

The Agency’s recommendation points out that the Marquette

Iieiuhts sewage treatment plant has not maintained or operated

1except for one day)

the secondary portion of the plant.

The

reaEon for this

is not given and the Board, by this decision,

s

not

any

w~ly

condone

this

~.

i

in c

to operate

the

entire

sewage

I

by

the

Hi

ty

of

Marquette

IPi qhts.

This

Opinion constitutes

the Board’s findings of fact

and conclusions of

law.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Co~trol

Board,

hereby

certify

the

above

Opi

ion

was

adopted

on

the

~

day

of

February,

1977

by

a

vote

of

-~

______________

Illinois Pollution

ntrol

Board

24

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