ILLINOIS POLLUTION CONTROL BOARD
    May 22, 1975
    ZIMCO ENTERPRISES,
    Petitioner,
    v.
    )
    PCB 75-39
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    ZIMCO Enterprises,
    a division of ZIMCO Metalfab
    (hereinafter,
    “ZIMCO”)
    seeks relief from
    a sewer ban imposed by the Environmental
    Protection Agency on the City of Highland, Illinois.
    More
    specifically, ZIMCO seeks a variance from Rule 962(a)
    of Chapter
    3:
    Water Pollution Regulation of Illinois, which provides t~he
    standards for issuance of permits for treatment works, waste-
    water sources and sewer connections.
    The petition for variance was filed on January 27,
    1975.
    ZIMCO desires to add three sewer lines to its third subdivision
    of Town and County Estate so that it might develop property to
    be
    sold to individuals or contractors for the purpose of building
    single family residences.
    On February
    6,
    1975 we ordered ZIMCO to submit additional
    information giving the strength of the effluent from the
    Highland sewage treatment plant and the condition of the
    receiving stream.
    A letter purporting to convey such information
    was filed on March
    20,
    1975.
    The Environmental Protection
    Agency
    (Agency)
    filed its recommendation to deny the variance on
    April 18,
    1975.
    The Sanitary Water Board placed the City of Highland
    on a sewer ban on February 20, 1969 because of the hydraulic
    and organic overloading of the City’s sewage treatment plant.
    The Agency has continued to restrict its status with respect
    to sewer extensions imposed by the Sanitary Water Board.
    ZIMCO
    seeks a permit to provide sewer extensions which would
    serve
    approximately 34 additional lots in Town and Country Estates.
    17
    129

    —2—
    The Agency, assuming four persons per residence,
    estimates
    that granting this variance would result in an additional
    load on the City’s sewage treatment plant of
    136 population
    equivalents or 13,600 gallons
    a day of domestic waste or
    23
    pounds of BOD5 per day.
    The Agency recommendation alleges
    that the Highland sewage treatment plant has a design hydraulic
    capacity of
    0.55 mgd and an organic capacity of 7,000 P.E.
    Approximately 1 mgd has been reaching the treatment plant
    for the past three months.
    The plant consists of a bar
    screen working in parallel
    with
    a comminutor,
    three primary
    clarifiers
    in parallel,
    a dosing tank with
    a count meter,
    a
    trickling
    filter,
    a final clarifier, and a mechanical coil
    spring sludge dewatering filter.
    Effluent
    is
    discharged
    into an unnamed tributary of Sugar Creek which is tributary
    to the Kaskaskia River which is tributary to the Mississippi
    River.
    Petitioner’s response to the Board Order seeking additional
    information consisted of a letter which identified undated
    attached information as coming from the files of the City of
    Highland.
    The only substantial information contained therein
    is the average BOD loading of the treatment plant which is
    given as 1,250 pounds per day.
    It also contains the figure
    of 840 pounds per day of average suspended solids.
    The
    Agency considers this later figure unreliable since it is
    based upon an assumption of
    a standard of 0.15 pounds per
    day per capita.
    The information given on the condition of
    the receiving stream is limited to testimony given by an
    Agency employee, William Tucker,
    in connection with a biological
    stream survey conducted May 12,
    1972.
    Mr. Tucker testified
    that the stream was polluted both above and below the treatment
    plant but that increased BOD loading at the plant would in
    all probability push the recovery base further downstream.
    The Agency recommendation contains results of recent
    investigations which confirm this appraisal of this stream.
    These investigations by the Agency indicate that the stream
    is semi—polluted and unbalanced above the discharge and is
    polluted up to 1.5 miles downstream from the discharge.
    Additional contaminants would further degrade the receiving
    stream.
    Agency investigators have observed the effluent to
    be turbid gray.
    Monthly grab samples have shown the following
    contaminant concentrations in the effluent:
    17
    130

    —3—
    Date of
    BOD5
    S.S.
    in
    Ammonia Nitro-
    Fecal Coli-
    Sample
    in mg/l
    mg/l
    gen in mg/i
    form/lOO ml
    8/6/74
    240
    160
    11.1
    3,600,000
    9/11/74
    25
    41
    3.0
    60,000
    10/31/74
    80
    60
    9.0
    11,000,000
    12/5/74
    60
    70
    9.2
    640,000
    2/13/75
    240
    12
    10.0
    l,lOOr000
    In addition to the poor, quality of the effluent,
    the Agency
    alleges that some bypassing has been occurring almost every day
    since.the beginning of 1975.
    It also received several complaints
    since 1971 concerning the condition of the sewer system,
    the
    treatment plant, and the receiving stream.
    ZIMCO cites several reasons why it should receive
    a
    variance.
    It alleges that sewer permits have been issued to
    the restrooms on Interstate
    70, and that a local subdivider
    has permits covering enough ground for about 300 or 400
    homes, which can’t be built for many years.
    The Agency
    denies that any sewer permits have been issued to the restrooms
    on Interstate
    70.
    The Petitioner appears to be correct, however.
    See City of Highland v.
    E.P.A., PCB 73-221,
    (August 23, 1973).
    The Agency also claims that no other sub-divider has been
    issued permits for sewer extensions servicing three hundred
    or more residences since the imposition of the sewer ban.
    Even if ZIMCO’s allegations were true,
    these arguments would
    not be relevant without a showing that ZIMCO would suffer an
    unreasonable or arbitrary hardship if the variance were not
    granted.
    Petitioner completely fails to meet its burden in
    this respect.
    Although no monetary figure is cited with regard to
    Petitioner’s hardship,
    a figure of $190,000 is alleged to
    have been spent on the development of
    a different subdivision
    which
    is not the subject of this variance petition.
    The
    Agency points out that any discussion of the cost of development
    is incomplete without also considering the income received
    from a sale of the lot involved.
    More importantly,
    the Petitioner
    has failed to show that it incurred any of its costs prior
    to the issuance of the sewer ban.
    The Agency alleges that
    ZIMCO was notified in
    a letter, dated September
    12.,
    1969,
    that the City was under a sewer ban.
    We have previously
    denied variances where no substantial steps toward completion
    of the project have been taken prior to the imposition of a
    sewer ban, Monyek v.
    EPA, PCB 71-81,
    2 PCB 125
    (1971) and
    Wagnon v.
    EPA, PCB 71-85,
    2 PCB 131
    (1971).
    In this instance,
    Petitioner has not even alleged any substantial steps taken
    prior to the ban.
    As the Agency points out in its recommendation,
    a petitioner cannot “bootstrap” himself into a self imposed
    17
    131

    —4—
    economic hardship so as to justify the grant of
    a variance.
    Petitioner having failed to make out a case of aribitrary or
    unreasonable hardship, which would justify the substantial
    increase in the pollution of the receiving stream, must be
    denied the requested variance.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    Petition for variance from Rule 962(a) df Chapter
    3: Water
    Pollution Regulations of Illinois is hereby denied.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereb,y certify the above Opinion and Order were
    adopted on the~t~)U day of May,
    1975 by
    a vote of ~~o
    OLc~iii
    o~2~
    Christan L. Moff~ty?/~lerk
    Illinois Po1lutio~,~ntrolBoard
    17
    132

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