ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    October
    9, 1975
    COUNTY
    OF
    MACOUPIN
    )
    UNIVERSITY
    MANOR
    NURSING
    HCME,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 75—273
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    OPINION
    AND
    ORDER
    OF TEE BOARD
    (by
    Mr.
    Zeitlin):
    Petitioner County of Macoupin,
    (County), filed its
    original Petition for Variance in this matter on July 17,
    1975, stating that it sought permission to install
    sewer
    connections to serve “University Manor, the
    new County
    Nursing Home, Carlinville, Illinois.”
    In an Order dated
    July 24,
    1975,
    the Pollution Control Board,
    (Board), stated
    that the County’s Petition was inadequate in that it failed
    to identify the Statute or Regulation from which Variance
    was sought,
    and
    ordered
    that
    the missing information be
    supplied within 30 days.
    Following submission of a Recommendation by the Environmental
    Protection Agency,
    (Agency), on August 18, 1975, the County
    submitted an “Attachment” to its original Variance Petition
    on August 20,
    1975.
    (The Board finds that the additional
    information submitted by the County constitutes an Amended
    Petition, and shall treat it as such.)
    Petitioner seeks a
    Variance from Sections 12 and 39 of the Environmental Protection
    Act,
    (Act), and Rule 962 (a) of the Board’s Water Pollution
    Regulations, insofar as these would prevent the issuance of
    a permit by the Agency allowing tie-in of the
    new
    University
    Manor facility to the City of Carlinville sewer system.
    Ill.Rev.Stat. Ch.111’l/2, 51012,1039
    (1973); PCB Regs.,Ch.3,Rule
    962 (a).
    No hearing was held in this matter.
    19—46

    ‘-2—
    The County
    presently
    operates an antiquated and obsolete
    nursing home north of Carlinville, Illinois.
    The old County
    Nursing Home,
    (old Home), has a capacity of
    38 beds,
    and is
    able
    to obtain only a conditional license from the Illinois
    Department
    of Public Health because of the old Home’s inability
    to meet state standards.
    The old Home was constructed in
    1902,
    and converted to its present use by the County in
    1942.
    To alleviate this situation,
    the County is presently
    in
    the
    process of constructing a new County Nursing Home,
    (“University Manor”),
    in the City of Carlinville.
    University
    Manor
    is expected to cost approximately $750,000, and will
    have a capacity of
    98 beds.
    Pending the completion of the
    new
    facility, the
    County has been allowed by the Department
    of Public Health
    to continue operating the old
    Home.
    According to the Petitioner,
    the old Home
    is
    served by
    a septic system.
    University Manor will be served by the
    sewer
    system
    of the City of Carlinville.
    The County estimates
    that University Manor will be completed and ready for occupancy
    in
    September,
    1975; however,
    the Environmental Protection
    Agency has refused
    to issue the necessary permits to allow
    connection of University Manor to the Carlinville Sewer
    System.
    It
    is
    clear
    from
    the Amended Petition and the
    Agency’s
    Recommendation that the Agency’s action in refusing this
    permit
    was
    proper.
    Carlinville’s Sewage Treatment Plant,
    (STP), has a design capacity of 0,55 million gallons per day
    (MGD);
    without considering any bypassed
    flows, average
    loading at the plant
    was
    1.005 MGD during the first six
    months
    of
    1975,
    Carlinville reports indicated
    DOD5 loadings
    in
    Carlinville’s effluent ranging between 15 and
    24 mg/i;
    Agency
    grab
    samples over the last year averaged 44
    mg/i
    for
    DOD, and
    42 mg/i for suspended
    solids.
    In
    addition,
    a
    geometric
    mean of
    12
    Agency
    grab
    samples
    revealed an average
    of
    165,000
    fecal
    coliform.
    During
    periods
    of
    rain,
    raw
    sewage
    is
    usually bypassed into an unnamed tributary to the
    Blackburn Branch of Macoupin Creek,
    into which the STP
    discharges.
    To correct this inadequacy,
    Carlinvilie is presently
    engaged
    in plans
    to construct expanded treatment facilities.
    On June
    4,
    1975,
    the City was awarded a Step
    I State Grant,
    and plans for the new treatment plant
    are
    to be submitted
    to
    the Agency in September,
    1975,
    Carlinville
    now
    expects,
    under
    a time schedule approved
    in
    the Agency Recommendation,
    that
    it
    will
    be
    able to complete construction of a
    1.5
    MGD
    tertiary treatment plant by February,
    1978.
    19— 47

    —3—
    In
    the interim, the Agency has certified Carlinville’s
    NPDES Permit, which limits the city
    to a 40 mg/i
    DOD5
    and
    40
    mg/i
    55
    effluent
    from the present plant,
    (NPDES Permit
    No.
    IL
    0022675.)
    Contingent on construction of
    the
    new
    STP, Carlinvilie’s effluent will then be limited to 10/12
    mg/I
    for
    BOD5
    and SS, respectively.
    Petitioner estimated that the University Manor facility
    will
    place
    a further P,E,
    loading on the present STP of
    approximately 104,
    and an average additional flow of 10,400
    gallons per day.
    Petitioner has further estimated that
    University
    Manor will result in a 1.77
    load increase on the
    already
    overloaded Car.linville STP.
    Agency
    calculations, however, indicate that Petitioner’s
    estimates
    are
    excessive.
    First, Petitioner based its
    estimates
    on
    the
    design flow of the STP,
    rather than on
    the
    present
    overload
    flow entering
    the
    plant.
    Second, the
    Agency
    has
    examined
    figures from other nursing homes and
    concluded that
    nursing home patients exert
    a
    lower P,E.
    ;Loadir~c~
    on
    sewage
    systems.
    This conclusion agrees with the
    fiodinq
    of
    tIe
    Board
    in
    First
    Trust
    and
    Savings Bank
    of Taylorvilie
    v.
    EPA, PCB 74-448, March
    13, 1975.
    Based
    on
    that fact, and
    the
    fact that any increase in
    loading is
    to be measured
    against
    present
    rather
    than
    design loads, the
    Agency feels that
    the
    new University Manor will result
    in an
    increased load of only 6344
    to
    8424 gallons per day,
    or
    .5
    to
    .7
    ci present total loading on the STP.
    The
    Agency has concurred in several claims made by
    Petitioner which would support the grant of
    this
    Variance.
    First,
    the Agency agrees that a failure
    to
    approve the
    new nursing
    home
    would work a hardship
    on
    the residents of
    the
    old
    Home.
    In
    addition to the
    problems
    noted
    by the
    Department
    of
    Public Health,
    the
    Agency
    notes that the
    old
    Home
    is
    not air conditioned,
    and
    does
    not
    have
    the
    required
    patient
    facilities
    which will
    be
    present
    in University
    Manor.
    Second,
    calculations
    submitted by
    the
    Agency
    show that
    four
    other
    nursing
    homes
    in Carlinville,
    and
    seven, in the
    surrounding
    area, are
    filled to near capacity.
    Were the
    Board to
    deny
    this Petition,
    and the
    old Home
    closed by
    the
    Department
    of
    Public Health,
    the additional strain
    on
    existing
    facilities would
    be
    great.
    (A
    comment received by
    the Board
    from
    the
    Illinois
    Department on Aging supports
    this
    view,
    and urges that the Variance be granted.)
    19
    48

    —4—
    The Agency has also shown that the sewage facilities at
    the
    old Home are wholly inadequate.
    The Agency investigation
    showed that, contrary to the information in the original
    Petition submitted by the County,
    the old Home is not served
    by
    a septic system.
    Instead,
    the old Home has an ~T~ost
    entirely inoperable Imhoff Tank and intermittent sand filter.
    There is no method to allow transfer of sludge from the
    completely filled Imhoff Tank to the sludge drying beds, so
    that a broken tube system on the Tank operates as
    a constant
    discharge
    structure to one sand filter.
    The Agency further
    states that the sand filter in use is subject to constant
    ponding
    over l/3rd of its surface; as much as ten gallons
    per
    minute
    of untreated sewage enter a tributary of Macoupin
    Creek from the old Home,
    As
    further proof of hardship, Petitioner states that
    the
    cost to
    provide adequate treatment for the University
    Manor
    facility would probably exceed $25,000.
    Any such
    costs incurred in providing treatment for University Manor
    would be completely lost upon completion of the proposed new
    Carlinville STP.
    Balancing all of these factors,
    the Board finds
    that:
    1.
    There exists a hardship to the present
    residents of the old
    Home.
    2.
    There exists a hardship to the Petitioner,
    arising
    from:
    a.
    lost use of its $750,000 invest-
    ment
    in
    University Manor, either permanently or pending
    completion of treatment facilities.
    b.
    costs of providing alternate
    treatment
    controls at University
    Manor,
    exceeding $25,000.
    3.
    Failure to
    grant the instant Variance
    would create a further
    hardship because:
    a.
    there
    is
    a need
    for additional
    nursing care
    beds in
    the area.
    b.
    closure of the old Home
    would
    place an additional strain
    on existing area facilities.
    4.
    The additional load to
    the
    admittedly
    overloaded
    present STP would
    be minimal,
    and will last only
    until completion
    of the proposed new STP,
    We feel that a grant of the Variance has been justified,
    and
    that the County has carried its burden of proof.
    The
    situation here is unlike prior cases, where the Board has
    lad to weigh the likelihood of sewer back-ups during
    wet
    weather.
    There
    is no indication here of hydraulically
    overloaded sewers, despite Carlinville’s combined sewer
    system,
    SeeP, First_Natio:-a1 Sick of Springfield
    v.
    EPA,
    P513
    74—298,
    14
    ~
    s~ealSO,
    Scist. Trust
    and
    Savings
    Dank
    of
    Taylorvilie,
    supra.
    19
    49

    —5--
    in
    addition, the grant of this Variance would be in
    keeping
    with
    prior,
    similar cases decided by the Board.
    The
    Board
    found
    in
    Brethren
    Home
    of Girard
    v,EPA,
    PCB 75-193,
    July
    24,
    1975,
    that “the overall interests of the community
    are best served
    by
    granting
    this
    variance,”
    (Opinion
    at
    4).
    A similar
    decision
    was
    reached
    in
    First
    Trust
    and
    Savings
    Bank of Taylorville,
    supra.
    Similarly,
    the Board
    has previously
    ~~dT~iog~ssituations
    that the presence of community
    hardship weighs heavily in our consideration of
    a
    Variance,
    See, Sandwich Community Unit Schools Dist,
    No.
    430,
    v.
    EPA,
    P~
    74—428, April
    4,
    1975,
    and cases cited there.
    As the Agency points out in its Recommendation,
    there
    remains the possibility that funding for the new Carlinville
    STiP
    may
    not
    be forthcoming from
    the
    State and Federal
    Governments,
    To deal with this possibility, we have adopted
    the
    Agency’s
    recommended
    condition
    to require that,
    in the
    eventuality
    that
    Carlinville
    does
    not
    receive
    grant
    funding,
    Petitioner
    will
    be
    required
    to
    submit
    plans
    for
    construction
    of
    a
    holding
    tank
    for
    use
    during
    periods
    of
    heavy
    inflows
    to
    the
    existing
    Carlinville
    STP.
    The
    Agency apparently fears
    that
    the
    County
    will
    convert
    the
    o:Ld
    Home
    to some other use after the new University
    Manor
    Nursing
    Home has been completed.
    In granting this
    Variance,
    we
    may require of Petitioner any reasonable
    conditions
    which will tend
    to decrease the total of pollutants
    entering
    the
    waters of the State,
    By allowing the new
    University
    Manor to tie into the
    Carlinville
    sewer
    system,
    and also
    requiring that Petitioner cease
    and
    desist all
    improper
    discharges
    from
    the old Home,
    we
    will
    decrease the
    total
    damage
    done to Macoupin Creak
    and
    its tributaries.
    We
    will
    therefore
    impose a stronger condo.tion tnan tnat suggested
    by
    the
    Agency, and require that
    Petitioner
    simply
    cease and
    desist
    all discharges from the old
    Home
    in violation of the
    Act
    or
    our Rules and Regulations,
    immediately
    after the
    atientS
    have
    been
    transferred
    from the
    old
    Home to the new
    University
    Manor Nursing Home,
    No
    variance
    has
    been
    granted
    with
    regard
    to
    §~l2 and
    39
    of the
    Environmental
    Protection
    Act;
    since
    we
    have
    granted
    a
    Variance
    from
    Rule 962
    (a) of
    the
    Water
    Pollution
    Regula-
    tions, Variance from those Sections is unnecessary.
    This Opinion
    constitutes the findings of fact and
    conclusions of Law of the Board
    in this matter.
    19—50

    —b-
    ORDER
    IT IS THE ORDER
    OF THE POLLUTION CONTROL BOARD
    that PetItioner County of
    Macoupin be granted a Variance
    from Rule
    962
    (a)
    of Chapter
    3:
    Water Pollution of this
    Board’s Rules and Regulations, until February
    28,
    1978,
    to
    allow
    connection
    of its new County Nursing
    Home,
    known as
    University
    Manor,
    to the City of Carlinville sewer system,
    subject
    to
    the following conditions:
    1.
    If
    the
    Carlinville Sewage Treatment Plant
    does not receive Step
    II and Step III state grants
    for the
    upgrading
    of present treatment facilities or the construction
    of new facilities by February 28,
    1976,
    Petitioner County of
    Macoupin
    shall submit to the Agency within 60 days thereafter
    feasability
    and cost studies for the construction and operation
    of
    a holding tank to
    be used in conjunction with the new
    University
    Manor Nursing Home.
    2.
    If
    the Carlinville Sewage Treatment Plant
    does
    not
    receive Step
    II and Step III state grants for the
    upgrading
    of present treatment facilities or the construction
    of
    new
    facilities by April
    30, 1976,
    the Environmental
    Protection
    Agency
    may,
    as a condition of any permits issued
    for
    the
    installation or connection of sewer facilities to
    serve Petitioner’s
    new nursing home, require that Petitioner
    install
    and
    operate a holding tank.
    3.
    Immediately
    following
    the
    opening of Petitioner’s
    new
    nursing
    home,
    and
    the
    transfer
    Of
    patients thereto from
    Petitioner’s old nursing home, Petitioner
    shall cease and
    desist all
    violations of the Environmental Protection Act or
    this Board~s
    Rules
    and Regulations caused by discharges from
    its old nursing
    home.
    4.
    Within
    30 days of the date of this Order,
    Petitioner
    County
    of
    Macoupin
    shall
    execute
    and forward to
    the Manager, Variance Section, Division of Water Pollution
    Control,
    Illinois
    Environmental Protection Agency,
    2200
    Churchill Rd.,
    Springfield,
    Illinois,
    62706,
    and to this
    Board,
    a Certification of Acceptance in the following form:
    19—
    51

    —7
    CERTIFICATION
    I (We),
    ___________
    ____
    have
    read a~
    Tulyunders?and
    the
    Order of the Illinois Pollution
    Control Board in PCB 75-273, and
    accept said Order, understanding
    that such acceptance renders all
    terms
    and conditions of said
    Order binding and enforceable,
    SIGNED
    TITLE
    DATE
    IT
    IS
    SO ORDERED.
    I,
    Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and
    Order were adopted on the _______________day of
    October, 1975 by a vote of
    ~
    ~~stanL.
    offe
    ler
    Illinois Pollutio
    ntrol Board
    19
    52

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