ILLINOIS POLLUTION CONTROL BOARD

July 25,

1974

VILLAGE

OF ROUND

LAKE BEACH,

)

Petitioner,

)

vs.

)

PCB 74-189

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

)

OPINION AND ORDER OF THE BOARD (by Mr.

Seaman):

On

May

23,

1974,

the Vi11~geof Round Lake Beach filed

its Petition

For Variance,

Petitioner seeks relief from an Agency imposed limitation

on further sanitary sewer extension connections

in an area tributary to

the sewage treatment plant owned and operated by the Round Lake Sanitary

District (District).

This ban was imposed pursuant to Rule 921(a)

of

Chapter

3: Water Pollution Regulations of Illinois.

Petitioner seeks such

relief in order to accomplish

the following:

a)

the construction of

a sanitary sewer system to serve a tract

of land known

as the Edwards Subdivision;

b)

the connection of said sanitary sewer system to the District’s

sewage treatment plant; and

c)

the connection

of 43 existing residences

to the said sanitary

sewer

system.

The District’s sewage treatment plant discharges

to Squaw

Creek,

which provides

a dilution ratio

of less than one-to-one,

Agency investigation

has revealed that the District is presently producing an effluent with

BOD and suspended solids concentrations of less than 20 and 25 mg/l

as

currently required by Rule 404 of Chapter

3.

The Agency believes that

the plant will be unable

to meet the

4

and

5 mg/l

requirements of Rule 404(f)

an December 31,

1974,

as required by Rule 409.

The Agency notes that the

plant

is presently operating

in apparent compliance with the requirements

of Rule 405 of Chapter

3.

Even though there

is an absence of apparent effluent violations, the

plant

is subject to extreme hydraulic overloading,

The design average flow

of the plant

is calculated

to be 1.6 mgd.

The plant consistently receives

flows

in excess of design average.

Bypassing to the plant’s three-cell

lagoon system occurs on

a regular basis.

There

is

no direct bypass to Squaw

Creek,

The precise amount of flow cannot presently be determined by the

District or the Agency because

of inadequate metering facilities

for raw

sewage intake.

13

—

225

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-2-

On April

4,

1974,

the Agency denied

a permit application for the

construction and operation of the subject sanitary sewer system due

to overloaded conditions.

There appears

to be no dispute that the

system is overloaded and that the Agency acted properly in denying the

permit.

Petitioner alleges instead,

that Agency observance of the

requirements of Rule

921

imposes

an arbitrary or unreasonable hardship.

The alleged hardships relate primarily

to the health hazard created

by septic systems serving the subject 43 residences.

On occasion, raw

sewage has been observed on

the lots and flowing

in the streets adjacent

to the homes

in Edwards Subdivision.

It

is alleged that this raw

sewage also flows into Round Lake.

The Lake County Health Department

has substantiated these allegations.

The Department has investigated

the situation and concluded that the subsurface septic systems

in the

Edwards Subdivision are

inadequate.

In addition, Department investigation

has revealed the following:

a)

The area of

Round Lake proximate to Edwards Subdivision

consistently shows higher bacterial

counts than other

sampling points

in the lake;

b)

The area adjacent to Edwards Subdivision

is

unsatisfactory

for recreational

bathing;

c)

The degraded conditions

of Round Lake are due to the septic

tanks

in Edwards Subdivision;

d)

The subject septic tanks are old and located on small

lots

with unsatisfactory soil conditions.

The Department investigation of the area indicated that 18 out of 34

homes surveyed showed evidence of septic system malfunction.

The Department

has

concluded that the present conditions

in Edwards Subdivision result in

pollution of

Round Lake and also constitute “a public health hazard.”

The Department supports the concept of providing sewer service to Edwards

Subdivision regardless of treatment plant overload.

(See letter from Lake

County Health

Department to Mr.

David J.

Friedman, daX~edMay 31, 1974.)

Therefore,

the Board’s decision involves possible increases of pollution

due to overload on one hand versus the elimination of a documented health

hazard due to inadequate septic systems which cannot be reasonably repaired

on theother.

While we are reluctant to allow additional

connections

to overloaded

treatment plants, we are satisifed that the serious danger to health must

be abated.

The variance will

be granted, but only to the extent necessary to

protect the public health.

Finally,

the Agency has been informed that the Petitioner has contracted

for the installation of water mains

to serve Edwards Subdivision.

Substantial

expenses can be eliminated if the requested variance

is granted to allow the

simultaneous construction of both water and sewage service.

13

—

226

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-3-

This Opinion constitutes the findings of fact and conclusions of

law of the Board.

IT

IS THE ORDER of the Pollution Control Board that the Village

of

Round Lake Beach be granted a variance to allow the construction and

connection

of

a sanitary sewer system to serve the existing homes

of the

Edwards Subdivision, subject to the following conditions:

1.

Connections to the proposed sanitary ~ewersystem will

be

limited

to those residences served by inadequate septic

systems in which

improved maintenance or reasonable

repairs cannot eliminate potential health hazards

as determined

by the Agency.

2.

The Petitioner will prohibit future developments which would

utilize s~pticsystems where soil

conditions and other factors

are inadequate

to support such use,

3.

Petitioner will obtain all necessary permits

from the Agency.

I,

Christan

L. Moffett, Clerk of the Illinois Poflution Cont ol Board,

certify that

t e above Opinion and Order was adopted on this

~

day of

,

1974 by

a vote of

‘?‘—

0