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

    Back to top