ILLINOIS POLLUTION CONTROL BOARD

July 24, 1975

BRETHREN HOME

OF GIRARD,

INC.,

Petitioner,

v.

)

PCB 75—193

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent,

OPINION

AND

ORDER OF THE BOARD (by

Dr.

Odell)

On May 7, 1975, Brethren Home of Girard, Inc. filed

a Petition For Variance with the Illinois Pollution Control

Board (Board). Petitioner sought a variance from the re-

quirements of Rule 962 of the Board’s Water Pollution Regula-

tions (Chapter Three) in order to replace a 38-bed nursing

home with a new 98-bed facility. Rule 962 of Chapter Three

states:

“

962 Standards for Issuance

The Agency shall not grant any permit

• unless the applicant submits ade—

q~tate proof that the treatment works,

pretreatment works, sewer, or wastewater

source:

(a) Will be constructed, modified, or

operated so as not to cause a

violation of the Act or of this

Chapter, or has been granted a

variance under Title IX of the Act;

and

(b) Either conforms to the design

criteria promulgated by the Agency

under Rule 967, or is based on such

other criteria which the applicant

proves will produce consistently

satisfactory results; and

Cc) Conforms to all conditions contained

in the Construction Permit, where

applicable.

ht

Based on data indicating overload of the receiving sewage treat-

ment plant, the Illinois Environmental Protection Agency (Agency)

had placed the City of Girard on restricted status by letter of

February 19, l974• The letter stated:

“The Girard Sewage Treatment Plant has a permitted

18— 183

---

hydraulic capacity of .18 MGD or 1800 P.E. under Permit #1950-

20. Our infcrmation indicates that the current population

tributary to the Girard Sewage Treatment Plant is 1881 P.E.

“Unless this Agency receives additional information

to cause us to revise the above comments and conclusions, we

have no alternative but to place the Girard Sewage Treatment

Plant on Restricted Status.

“Restricted Status means that this Agency will not

approve Applications for Permit for Construction and operation

of sanitary sewers tributary to the subject sewage treatment

works until the above cited apparent violations of Permit and

Water Polluti3n Regulation have been corrected.”

The sewage treatment plant discharges into Hodges Creek

which is tributary to Macoupin Creek.

Petitioner stated that construction of the nursing home

would not be “cozvpleted for at least 120 days from the date

hereof” which we construe to mean that construction will take at

least 120 days from the time that the variance is granted. After

completion, the facility is not expected to operate in excess of

60 of capacity for at least two years. Petitioner noted that

the City of Girard has applied for federal and state funds to up-

grade its tre~.tmentplant. Petitioner pointed out that the City’s

application for federal and state funds would be approved by

early June, 1975. Construction should begin during summer 1976

with completion scheduled for summer 1977.

Petitioner argued that the denial of the variance would

be an arbitrary or unreasonable hardship in that it “completely

prevents the construction of the nursing home and denies to the

residents of Macoupin County a sufficient number of nursing home

beds to accommodate the needs of the Macoupin County area.”

Petitioner included an affidavit from the mayor of the City of

Girard statinç that the City Council has no objection to the “98

bed nursing hoa~e’sbeing connected to the sewers of the City of

Girard once sameis constructed,”

On June 9, 1975, the Agency recommended that the

variance be denied. Samples collected during the last 12 months

revealed the following levels of effluent from the City’s

sewage treatment. plant:

Range

Average

BOD (mg/l)

3-52

17

SS (mg/l)

10—38

22

In addition, the Agency stated that by-passing occurs at the

plant during wet weather. Recent system upgrading has not

produced significant changes in plant operations. Until the

system is substantially upgraded, the sewer system will continue

to be severely ov?~rloaded. The Agency confirmed that the City

18— 184

---

—3—

has applied for state and federal funds to upgrade its sewage

treatment plant. The Agency believed that the City’s projected

schedule for construction and completion was “plausible,”

The Agency noted that the City was issued a final NPDES

Permit (No, IL 0028932) on February 11, 1975. Interim standards

were set at 30 mg/l for DOD5 and 40 mg/i for SS until June 30,

1977, after whict~time 4 mg/I of BOD5 and 5 mg/i of SS will have

to be met. Present applicable Board standards under Rule 404 are

30 mg/i of BOD5 and 37 mg/I of SS. The NPDES Permit contained

the following ccmpliance schedule:

Completion of Preliminary Plan

Progress Report

March 1, :L975

Comoletion of Final Plans

September 30~ 1975

Commerce Construction

December 31, 1975

Progress Report

September 30, 1976

Completion of Construction

June 30, 1977

Operational Level Attained

June 30, 1977

The Agency stated that the present nursing home “has

an occupancy rate of 65-70.” Although Petitioner’s facility

is the only one in Girard, there are several other nursing

homes located approximately five miles away. An official from

the Planning and Construction Section of the Illinois Department

of Public Health told the Agency that the Springfield—Girard

planning area currently shows a need for 85 ‘“sheltered care”’

beds.

A Department of Public Health letter of July 15, 1975,

which was received by the Board on July 17, indicated that the

Brethren Home of Girard “cannot possibly upgrade to Intermediate

Care Services.” On July 17 the Board received a letter from the

Mayor of Girard stating that “The present (Brethren Home) is ap-

proximately seventy years old. It is not feasible for a building

of this age and structure type to be upgraded, to be in compliance

with present life-safety codes,

. . .

The City of Girard has been

approved for a grant to enlarge and upgrade our sewage disposal

facilities. We are progressing with this program as rapidly as

possible.

. .

The Brethren Home’s request for a variance permit

should be given every possible consideration.’’

An Amended Recommendation from the Agency was received

by Board on July 22, 1975, The Agency had received copies of the

two above letters, which the Board received on July 17, and ad-

ditional information concerning hardship, especially ~ith regard

to financial arrangements. In a letter of July 21, 1975, Mr. Marc

E. Fuchs, attorney for the Brethren Home stated that they have se-

cured $925,000 ‘in financing from the Farmers Home Administration

for the construction of this new $1,050,000 home,

“He

further stated

that the Farmers Home Administration was concerned that construc-

tion of the new home be commenced in the near future. Mr. Fuchs

stated that the funds committed for this project could be real-

located if :Lm~tediateprogress is not made on this project. Mr.

Fuchs also stated that it was highly unlikely that the home could

18

—

185

---

—4—

again secure the very favorable interest rate of 5 percent.”

In the light of the additional information, the Agency recommended

that the variance be granted with certain conditions.

The Board agrees that the Petitioner has shown sufficient

hardship that this variance should be granted. Although some sewage

overloading will continue for a limited period, the benefits of

the new home convince us that the overall interests of the com-

munity are best served by granting this variance. The Board de-

cided not to limit occupancy of the new home to 38 people as sug-

gested by the Agency because such a limitation might impair fi—

nances. Howe’ier, the Brethren Home should not overload the Girard

sewage treat facilities more than is necessary before they are

upgraded. Ainhough the City of Girard is required to comply with

the conditions in its NPDES Permit, the City is not a party in

this proceeding and, therefore, these conditions cannot be in-

cluded in this case.

This Opinion constitutes to findings of fact and con-

clusions of law of the Board.

ORDER

IT IS THE ORDER of the Pollution Control Board that:

Brethren Home of Girard, Inc. is hereby granted a

Variance from the requirements of Rule 962 of the Water Pollution

Regulations, subject to the condition that the existing 38-bed

facility shall he immediately disconnected from the Girard sewer

system upon completion of the new 98—bed facility.

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

Board, hereby certify that the above Opinion and Order was

adopted on the I~4~ day of July, 1975, by a vote of

~‘._

p

Illinois Pollution