iLLINOIS POLLUTION CONTROL BOARD

July 17, 1975

L and M APARTMENTS,

Petitioner,

v.

)

PCB 75—124

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

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

L and N Apartuents (L and N) filed a petition for

variance from Rule 962 of the Water Regulations with the

Pollution Control Board (Board) on March 20, 1975. An

amended petition was filed on March 27, 1975. No hearing

was held.

L and M desires to build 12 low and medium income

apartments in the Village of Toledo, County of Cumberland,

which would be connected to Toledo’s sewer system. Toledo’s

sewage treatment system was placed on restricted status by

the Environmental Protection Agency (Agency), pursuant to

Section 39 of the Environmental Protection Act and Rule

962(a) of the Water Regulations, on January 16, 1975. In

order for L and N to obtain a Rule 951 construction permit a

variance from Rule 962 is required.

Toledo’s sewage treatment plant was designed to treat

0.093 MGD and an organic load of 930 P.E. The Agency esti-

mated, however, that the plant was receiving 0.069 MGD and

an organic load of 1023 P.E. Toledo’s 6—acre, single cell

lagoon is not chlorinated nor are analyses of the lagoon

effluent made by the Village. The Agency’s grab samples

show an average of 36.8 BOD5, 93.5 SS and 117,970 fecal

coliform per liter.

The Village intends to convert, its single cell lagoon

into a three cell aerated lagoon thereby qualifying for a

lagoon exemption under Rule 404(f)(i). Due to Toledo’s low

priority number in the Federal Construction Grant Program,

funding for the proposed treatment works will not be avail-

able in the near future.

A draft NPDES permit was sent out for public notice on

March 28, 1975, having interim standards of 50 mg/l BOD and

100 mg/SS until October 31, 1976.

Sometime between March and May of 1975, the Village,

upon a 1974 Agency recommendation, installed surface skimmer

baffling around the inlet end of the effluent pipe to prevent

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the discharge of floating material into the intermittent

stream, Cottonwood Creek, the receiving stream. The Village,

also upon Agency recommendation, installed extension collars

on manholes near the treatment plant to prevent sewage

overflow. These improvements were made due to the efforts

of petitioner herein.

L and M’s apartments would be financed by a F.H,A.

loan. Petitioner hired an engineer, an attorney and a

consultant, and performed a feasibility study and negotiated

the loan and con~itructioncontract before the sewer ban

became effective. The area is economically depressed and

has a housing shortage. Construction of the building would

provide both employment and housing which are badly needed.

The Board has in the past held that entering into

contractual agreements prior to the actual start of con-

struction does not in and of itself constitute an arbitrary

and unreasonable hardship. Carrie F. Androcki et al v. EPA

PCB 71-149, 2—363. However, each case must be decided on

its own facts. American National Bank and Trust Company

v. EPA, PCB 71—132, 2—230.

It is the Opinion of the Board that L and M has shown

an arbitrary and unreasonable hardship would result if the

variance is denied. Petitioner’s efforts have improved the

treatment works in Toledo. The area needs housing and

employment. If construction does not begin soon the F.H.A.

may withdraw its approval of Petitioner’s loan, and no other

financing is available to L and M. The benefit which the

public would receive from the apartments far exceeds the

small burden placed upon it. In consideration of the fore-

going, the Board will grant Petitioner’s variance. This

Opinion constitutes the Board’s findings of fact and law in

this case.

ORDER

It is the Order of the Board that L and M Apartments be

and hereby is granted a variance from Rule 962 of the Water

Regulations. Said variance shall be void unless utilized

within two years of the date of this Order.

IT IS SO ORDERED.

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

Control Board, hereby certifX the above Opinion and Order

were adopted on the

/7~

day of July, 1975 by a

vote of ________________________

Christan L. Moffettj

9~’JArk

Illinois Pollution Cd~’?~olBoard

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