ILLINOIS POLLUTION

CONTROL BOARD

February

3,

1977

C ~TY

OF

CALUCCT

CITY,

Petitioner,

v.

)

PCB

76—318

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

OPINION AND

ORDER

OF

THE

BOARD

(by

Mr.

Young)

This

matter

comes

before

the

Board

on

the

variance

neti-

tion filed on December

13,

1976,

by

Calumet

City seekinq

relief from Rules

962,

602(a)

and 602(d)

of Chanter

3:

Water

Pollution Rules

and Regulations.

An Agency Recommendation

favorable to the grant of the variance was filed on

January

17,

1977.

Rule 602(a) prohibits

the installation

of

new

combined

sewers unless sufficient retention or treatment caoacitv

is

provided

to ensure

that no violation of

the

effluent standards

occurs.

Rule

602(d)

sets the comoliance date

for the treat-

ment

of

combined

sewer

overflows

and

Rule

962

establishes

the

Standards

for Issuance for nermits.

Calumet City seeks

this variance to Dermit

the

installation

of

a combined sewer system to serve

a proposed subdivision

which includes 396 single family dwelling units.

The area

is

entirely surrounded by

a combined sewer system that

is serviced

by and Dart of the Metronolitan Sanitary District of Greater

Chicaqo

(MSDGC).

Because these combined sewers of

the

MSDGC

(uin

r

r

1 ew

(~

a

U

I

FI~

j

V

I

o

1

t

on

(

i

(‘

I u

~

I

R’ U

1

1

i

fl

i

I

I

I

Oil

~o

ocuur,

the

Agency

is

noL

authorized

to

I

uuiio

the

ieiuiui

Le

no rmi

Lu

or

I

io

plo

j( ‘e

I

.

Whi

I

I

I

Won

I

(I

rn

i

I

I)

0

I

the

Petitioner

to install

a separate

sun i

tarv

sower

in

Lii is

area,

the

problem

that

confronts

Petitioner

is what

to do with

the storm water generated in this area.

Petitioner states

there

are no creeks,

streams, or waterways

in

the

vicinity and

the stormwater must therefore be discharged

to the surrounding

combined sewer system

(Pet.

2)

.

Because both the sanitary and

stormwater

flow will discharge

to the same combined sewers,

Petitioner alleges no useful purpose would be served by a separa-

tion.

Petitioner estimates that the cost of

a seoaration would

he

in excess of $400,000.00

(Pet.

3).

24

—

721

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—2—

The Agency’s favorable Recommendation

is based on the fact

that the

area is completely surrounded

by

a combined service

area,

that the environmental

impact

on the MSDGC’s Calumet

rervice

area

is small,

and

b~L

ultimate compliance will

he

achieved

by

the

construction of the MSDGC

‘

s

Tunnel

and Reservoir

Project

(Rec.

2.)

In view

of

the foregoing,

the Board finds that Petitioner

is entitled

to relief from Rule 602(a)

and the variance will be

granted.

The Board believes,

however,

that the variance grant

from Rule 602(a) obviates the need for a variance from either

Rule 962 or 602(d),

and these requests

will

therefore be dis-

missed.

This Opinion constitutes

the Board’s findings of

fact and

conclusions of law in this matter.

ORDER

1,

Petitioner,

Calumet City,

is granted variance from

Rule

602(a)

to allow the construction of

a combined sewer

to

the

develooment more fully described in the Petition.

2.

Petitioner’s requests for variance from Rules

692(d)

and 962 are hereby dismissed.

IT

IS SO

ORDERED.

I,

Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board,

hereby certify

t

a ove Opinion and Order were

adooted ~the

~

day of

,

1977 by

a

~~ç~4V)

~

__

Christan L. Moffet

,;,l

rk

Illinois Pollution

rol Board

24

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