ILLINOIS POLLUTION CONTROL BOARD
January
3,
1974
IN THE
MATTER
OF:
THE PETITION FOR VARIANCE OF
)
PCB 73-360
CHRIS T. DEMOS
OPINION AND ORDER OF THE BOARD
(by Dr. Odell)
The Petitioner, Chris
T.
Demos, filed
a petition for a
sewer variance, which was received by the Illinois Pollution
Control Board on August 23, 1973.
The Petitioner requests a
variance from Paragraph 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 for a single—family residence
to be built on Lot 18 in H.O.
Stone Subdivision in Lake Forest,
Illinois.
The Petitioner recently purchased a vacant residential
lot across from his home,
and plans to build
a house there as
an investment.
He used savings and borrowed money
(from 1st
National Bank of Lake Forest)
to buy this lot.
Petitioner has
paid an architect for house plans and arranged construction
financing with the Lake Forest Savings and Loan Association.
He
is an “elementary school teacher, with limited income,” and works
“five nights a week until 11 or
12 p.m.”to supplement his income
from teaching.
Prior to purchasing the land in question, Petitioner con-
tacted the building department
in Lake Forest who allegedly told
him that sewer connection permits were “coming through”. After
purchasing this lot, Petitioner applied to the North Shore
Sanitary District for
a sewer connection permit and learned that
there could be a delay as long as
3 or
4 months.
The Petitioner
alleges that such a delay would place him “in a bad financial
condition.”
The proposed sewer connection would be tributary to the
Clavey Road sewage treatment plant.
Postponements in issuance
of sewer connection permits in this area are related to
(1)
past performance of the Clavey plant,
(2)
changes which are being
made in the Clavey Road plant,
(3)
diversion of sewage from three
lakefront plants to Clavey when the latter can handle the
additional sewage, and
(4)
the performance of the Ciavey Road
plant after improvements in it are effected and the above shifts
in sewage are made.
The North Shore Sanitary District should
consistently produce an effluent with no more than
20 mg/l BOD
and 25 mg/i total suspended solids, according to Rule
404(b)
in
Chapter
3 of the Board Regulations and as ordered by the Pollution
10
—525
—2—
Control Board in North Shore Sanitary District v. Environmental
Protection Agency, PCB 71-343, January
31,
1972.
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
following information concerning the performance of the Clavey
Road plant for the 12 months October 1972 through September 1973:
Average
Average
Average
Month
flow
(MGD)
BOD
(mg/l)
TSS
(mg/i
September 1973
6.72
7
18
August 1973
6.33
11
13
July 1973
6.34
19
23
June 1973
7.64
23
20
May 1973
8.19
30
31
April 1973
10.31
28
22
March 1973
9.21
35
21
February 1973
6.87
33
20
January 1973
7.56
18
17
December 1972
7.30
21
12
November 1972
7.63
35
13
October 1972
7.89
30
16
Average
7.67
24
19
This same Agency report indicates that at the Clavey Road plant
“ten million gallons per day capacity is presently possible.
Complete secondary treatment
(18 MGD)
is expected by March
1,
1974.
Advanced treatment is scheduled by September 1,
1975.”
Prior to July 1973,
the Clavey Road plant failed to con-
sistently maintain an effluent quality of no more than
20 mg/i BOD,
as required by Rule 404(b)
of Chapter
3 and North Shore Sanitary
District v. Environmental Protection Agency,
PCB 71—343. During
July, August, and September 1973 they met this BOD standard,
as they
had met the total suspended solids standard during
11 of the last 12
months.
Dry weather flows from the Lake Bluff, Lake Forest, and
Carey Avenue plants were diverted to the Clavey Road plant begin-
ning in November 1973, but their impact upon performance of the
Clavey plant is not yet known.
On January
3,
1974,
the Illinois Pollution Control Board
(hereinafter Board)
received a Stipulation from the North Shore
Sanitary District
(hereinafter District) and the Environmental
Protection Agency in PCB 73-134, which added information concerning
the status of several sewage treatment plants in the District,
including increasing capacity at the Clavey Road plant during 1974.
This Stipulation is pertinent to the subject case and,
therefore,
the Board will include the PCB 73-134 Stipulation as a part of this
case.
The PCB 73-134 Stipulation of January
3,
1974, requested
“authority to issue 2,000 permits
(8,000 P.E.)
authorizing
connection to its Clavey Road Plant” under several conditions,
including 8B, that
“No such permit shall authorize a connection
to the system of the North Shore Sanitary District until July 1,
10—526
—3—
1974.”
The Board has not acted on PCB 73—134, but on the basis
of information in that Stipulation plus
the facts in the subject
case,
the Board will grant a variance for Mr.
C.T.
Demos to
connect to the District sewer on or after
ThaLy
1,
1974.
This.
variance in the subject case will be effective irrespective of
the decision in North Shore Sanitary District v. Environmental
Protection Agency, PCB 73-134, and should not be construed as
affecting in any way the disposition of PCB 73-134.
If authority
to issue 2,000 permits is granted in PCB 73—134,
the Petitioner’s
permit would be counted as one of the 2,000.
This Opinion
constitutes the findings of fact and conclusions of law of the
Board.
ORDER
IT IS THE ORDER of the Pollution Control Board that the
Petitioner’s request for a variance is granted to connect to the
North Shore Sanitary District sewer on or after July 1,
1974.
The
Stipulation of January 3,1974, from the North Shore Sanitary
District and the Environmental Protection Agency in PCB 73-134
is hereby incorporated in the subject case.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
ado,~tedonthe
~
day ~
,
1973 by a vote of