ILLINOIS POLLUTION CONTROL BOARD

November 15,

1973

IN THE MATTER OF:

THE

PETITION FOR VARIANCE OF

)

PCB 73-361

MR. AND MRS. CLARENCE TOMPKINS

OPINION

AND

ORDER

OF

THE

BOARD

(by Dr. Odell)

The

Petitioners,

Mr.

and

Mrs.

Clarence

Tompkins,

filed

a

petition

for

a

sewer

variance,

which

was

received

by

the

Illinois

Pollution Control Board

(hereinafter Board) on August

24,

1973.

Petitioners originally filed

a petition for a variance with the

Board on July 16,

1973.

In an Order dated July 19,

1973,

in

Mr..

and Mrs. Clarence Tompkins

v. Environmental Protection Agency,

PCB 73—291,

the Board denied without prejudice Petitioners’

original petition for a variance.

The

Petitioners request

a variance from Order

7 of League

of Women Voters

v.. North Shore Sanitary District, PCB 70—7,

70-12,

70—13, and 70—14,

in order to obtain a sewer connection permit for

a proposed single—family residence to be located at 20th and

Kristian Streets in North Chicago, Lake County,

Illinois.

Petitioners have owned and paid taxes on certain lots at this

location for four or five years.

In their original petition for

a variance, Petitioners asserted that their family of six

(four

children and two adults)

had to vacate their current four—room

house

(which was sold)

by September

1,

1973.

Petitioners indicate

that their present rental fees are $6.50 per day, which they allege

is burdensome.

In comparison with the original petition, the

current request for a variance adds information only concerning the

house rental fee and indicates that

the

date they must vacate their

quarters was postponed one month to October

1,

1973.

No indication

was given in either Petition as to where the family would live

after

the dates on which they were to vacate the house in which

they were

living.

It is clear that they could not build

a house on

their

lot between the date of their first Petition

(July

16)

and

September

1,

1973,

or between the date of this Petition

(August

24)

and October

1,

1973.

On September 26,

1973,

the Board received from the Environ-

mental Protection Agency (hereinafter Agency)

a recommendation con-

cerning the variance request from the Petitioners.

The proposed

sewer connection is tributary to the North Chicago sewage treatment

plant, which is owned and operated by the North Shore Sanitary

District

(hereinafter District).

This facility is

a secondary

treatment plant with a design average capacity and maximum flow

10

—

111

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—2—

capability of

3.5 MGD and 7.5 MGD, respectively.

In October,

1972,

the District commenced polymer and alum addition at the

subject facility.

According to Rule 404(b)

in Chapter

3 of the

Board Regulations,

the North Chicago plant should maintain an

effluent quality of 20 mg/l BOD and 25 mg/i of total suspended

solids

(TSS)

or less.

The Agency report of September 26, 1973,

indicates that

“the North Chicago plant is subject to bypassing

inadequately treated sewage into Lake Michigan during excess flow

periods.

Flows which are bypassed receive only chlorination.”

A report of October 31,

1973,

“Concerning The Present Status

Of The North Shore Sanitary District,”

from the Acting Director of

the Illinois Environmental Protection Agency,

includes the follow-

ing information concerning the performance of the North Chicago

plant for the 12 months October 1972 through September 1973:

Month

Flow(MGD)

BOD (mg/i)

TSS (mg/i)

September 1973

2.30

9

23

August 1973

1.92

16

25

July 1973

2.14

30

44

June 1973

2.27

45

33

May 1973

2.69

37

42

April 1973

3.36

21

38

March 1973

3.18

35

36

February 1973

2.12

60

68

January 1973

2.76

46

52

December 1972

2.64

21

25

November 1972

2.75

26

24

October 1972

2.95

27

30

This same Agency report indicates that a “retention basin will be

completed to eliminate bypass by February

1,

1974.”

Prior to August

1973, the North Chicago plant failed to

consistently maintain an effluent quality of

20 mg/i BOD and 25 mg/l

TSS or less,

as required by Rule

404(b)

of Chapter

3.

During

August and September 1973 they met these standards,

and the average

monthly flows during the past year were consistently below the

design capacity.

Also,

the retention basin will be completed by

February 1,

1974,

to eliminate bypassing into Lake Michigan during

excess flow periods.

In the Agency Recommendation of September 26,

1973, concern-

ing this case, performance data for the North Chicago plant were

included for eight months, December 1972 through July 1973.

On

the basis of performance data from the North Chicago plant during

this shorter period

(which does not include the latest two months,

August and September 1973)

and statements concerning hardship, the

Agency recommended that this petition for variance be denied.

Although a longer period of demonstrated

satisfactory perform-

10—

112

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—3—

This opinion constitutes the Board’s finding of fact and

conclusions of law.

ORDER

It is the Order of the Board that:

(1)

The permit denial is overruled.

(2)

This case is remanded

to the EPA with instruction to

issue

“install only” permits to Lake Forest under its petitions

73-363 and 73—364

to enable it to install the pumping station on

Old Mill Road and build the Everett Road sewer improvement.

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

certify that the above Opinion and Order was adopted by the

Board on the /~“

day of

_____________,

1973, by a vote of

.~

to

o

/1)

Christan L. Moff~

Clerk

Illinois Polluti6rt Control Board