ILLINOIS POLLUTION CONTROL BOARD
March
13,
1975
LEWIS UNIVERSITY,
Petitioner,
vs.
)
PCB 74—478
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Mr.
Henss):
Lewis university requests extension of
a variance
which
was previously granted from Rule 404(f)
of the Water Pollution
Control Regulations.
The prior variance expired December 31,
1974 and Petitioner now seeks to extend the variance until
December 31,
1975.
Petitioner
is
a private university located within the
corporate limits of Lockport,
Illinois.
The University owns
and operates a contact stabilization sewage treatment plant
which provides treatment of domestic waste water generated by
the University~s3,000 students.
The design average flow of
said plant
is 115,000 gallons per day.
During a twelve month
period ending November 31, 1974 the plant experienced an average
daily flow of 108,000 gallons.
Petitioner estimates its current
influent at 145 mg/l BOD and 114 mg/i suspended solids and
current effluent at
5 mg/i BOD and 6 mg/i suspended solids.
Discharge from the plant enters an unnamed ditch tributary to
the Des Piaines River.
Data submitted by Petitioner
to the Agency in PCB 73-475
when compared to recent data shows that effluent quality is
worse than Petitioner represents and that a trend toward even
poorer effluent quality may be developing:
BOD5
(mg/i)
Suspended Soiids
(mg/i)
1973
1974
1973
1974
July
6
March
18
July
11
March
18
August
4
April
19
August
9
April
29
Sept.
i3
May
16
Sept.
10
May
13
June
ii
June
7
July
-
July
20
August
27
August
Sept.
-
Sept.
44
Average 7.7
18.2
10.0
21.8
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137
—2—
Petitioner asked Lockport to provide sewer and water
facilities to the University.
When these negotiations failed,
the University
sought relief from the Circuit Court of the
Twelfth Judicial Circuit.
In July 1973 Lewis University asked
the Court for permission to disconnect from the City of Lockport
in order that the University could immediately annex to the
Village of Romeoville which had expressed a willingness and
capability
to provide water and sewer service.
Although Petitioner anticipated trial on its Court petition
in January
1974,
numerous continuances delayed the trial.
Trial
was finally scheduled for December 23,
1974.
The Agency states
that the hearing was conducted and that the parties were ordered
tosubmit briefs within three weeks, after which time the judge
was expected to enter
his
order.
In PCB 73-475 Petitioner alleged that immediate compliance
with Rule 404(f) would force the installation of a tertiary
filtration system costing $55,000.
Such installation could place
an arbitrary and unreasonable hardship upon the University since
the University faced the same financial difficulty that had caused
other institutions of higher learning to fail.
Petitioner pledged
immediate action on the installation of the tertiary filtration
system in the event the Court denied the petition for disconnection
from Lockport.
Petitioner further pledged to achieve compliance
either through the tertiary filtration system at its own treatment
plant or by connection
to the Romeoville plant no later than
December 31,
1974.
Petitioner now states that immediate compliance would cost
$100,000 and that such cost cannot be met without increasing
tuition rates.
An increase in tuition rates would cause reduced
enrollments which could lead to total financial failure of the
University.
Variance approval would provide the time necessary to
accomplish “regionalization of waste treatment”.
Data submitted by the Agency shows that the Village of
Romeoville South treatment plant is currently not in compliance
with Rule 404(f).
Despite non-compliance,
the Agency believes
that Romeoville can accept sewage from Petitioner without further
degradation in effluent from the treatment plant.
The South
treatment plant currently operates at less than half its design
capacity.
Even with Petitioner’s sewage,
flows
to the South
treatment plant would be well within design capacity.
The Agency believes Petitioner has acted in good faith and
has provided sufficient showing of possible arbitrary and unreason-
able hardship, especially since a Court decision appears imminent.
The Agency also states that Petitioner’s effort at regionalization
is the most reasonable and environmentally sound means of resolving
this sewage treatment problem.
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138
—3—
On the record presented,
the Board agrees that Petitioner
has met the requirements for receiving
a variance.
However,
the Board is concerned over data submitted in this matter which
shows
that Petitioner’s effluent degraded substantially in 1974
as compared to 1973.
This may possibly indicate that Petitioner
has not maintained the high degree of plant efficiency required
because of the possibility of connection to the Romeoville
treatment plant.
Therefore,
as
a condition to the grant of this variance,
it
must be required that the University attempt to reduce its con-
taminant concentrations.
ORDER
It is the Order of the Pollution Control Board
that Lewis
University be granted
a variance from Rule
404(f)
of
the Illinois
Water Pollution Control Regulations
from December 31, 1974 to and
including December 31,
1975 subject
to the following conditions:
1.
In the event a connection to the Village of
Romeoville cannot be made,
Lewis University
shall proceed immediately
to upgrade its
treatment plant to comply with Rule
404(f).
2.
In the event
a connection to the Village of
Romeoville can be made, Lewis University shall
begin,
at the earliest possible date,
to
construct the required two mile pipeline.
3.
Lewis University shall make every reasonable
effort to reduce the BOlD and suspended solids
concentration in its effluent and shall make
bi-monthly reports
to the Agency detailing
such efforts and results during the term of
the variance.
Petitioner shall otherwise
comply with all requirements of the Regulations
regarding reports
to the Agency.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the ab ye Opinion and Order was ado ted
this _________day
of/p)
,
1975 by
a vote of ___top
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139