ILLINOIS POLLUTION CONTROL BOARD
    January
    3,
    1974
    )
    IMMANUEL LUTHERAN CHURCH
    )
    )
    )
    v.
    )
    PCB 73-432
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
    On October 12, 1973 petition for variance was filed from
    Orders #6(c) and #6(d) of North Shore Sanitary District v. EPA,
    PCB 71-343 (January 31, 1972) asking to obtain a sewer connection
    for a new school building at Frolic and Glen Flora Avenues in
    Waukegan. No public hearing was held.
    The petitioner states that the property was acquired in
    1967 and 1968 for the specific purpose of building a church school.
    Construction began on November 26, 1972 some 20 months after
    the Board’s initial sewer ban order to the North Shore Sanitary
    District (March 31, 1971). A septic tank and field were planned.
    Lake County Health Department, in a letter dated October 2, 1973,
    tells of cancelling the approved septic tank application on
    September 10, 1973 and states
    It appears a road for heavy equipment was built
    from east to west over seepage field area with the
    wrong type of fill. The possibility of reconstructing
    this involved seepage field as it was approved seems
    remote, and a better location or soil does not appear
    to be available at this location.
    The school building is said to be “95 complete” as
    of the date of the petition and was expected to be completed
    “within 30 days” (by November 12, 1973 approximately). The
    old school, on Chapel Street is used by 51 students and 3
    teachers. In addition it is used 20 evenings a month for church
    group activities. The petitioner alleges no hardship to the
    public and wishes to utilize its new school as soon as possible.
    The Environmental Protection Agency filed its recommendation
    on November 27, 1973 and asked for denial unless it could be
    shown that holding tanks could not be used. The Agency points
    out that the flow from the new school is into the Judge Avenue
    sewer which “is hydraulically overloaded and inadequate to
    transport additional waste loads.” The sewer causes raw sewage
    ID
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    553
    -2-
    to bypass to Yeoman Creek and backups of raw sewage into
    basements. Further the Agency knows of no definite plans by the
    City of Waukegan to correct.the inadequate capacity problem
    of the Judge Avenue sewer.
    The Agency puts the daily flow from the daytime use of
    the school at 765 gallons compared to the petitioner’s figure
    of 400 gallons. It points out that the old school at Glen Rock
    and Chapel Avenues connects to a sewer which is not hydraulically
    overloaded. Thus the same problem is not being transferred to a
    different location but in fact the problem is being aggravated.
    We grant the variance but prohibit the use of the new school
    for evening church meetings. The old school building perhaps can
    still be used for evening meetings. The petitioner and the Agency
    should investigate, perhaps jointly, the feasibility of installing
    holding tanks with pumpout facilities to the sewer, to be used
    during rainfall periods. The problem of basement backups
    brings with it viral dangers from hepatitis, polio and all the patho-
    gens present in human sewage including typhoid, dysentery and
    cholera. Electrocution hazards are also present when basements
    flood. Since these problems arise when its rains, it makes it
    difficult to schedule evening church activities against unpre-
    dictable rainfall events.
    The situation of the church is that through its negligence
    the septic tank field was made unsable. Thus the problem is
    of its own doing. We urge the church members to do all they
    can to have the City of Waukegan provide adequate transport
    capacity for the Judge Avenue sewer as soon as possible. After
    that has been done, the prohibition on use of the new school
    for evening activities can be lifted, or the holding tank alterna-
    tive may be a satisfactory one.
    ORDER
    1. Variance is granted to Immanue. Lutheran CHurch to connect
    its new school building at Frolic and Glen Flora Avenues
    to the sanitary sewer.
    2. The school building’s toilet facilities shall be used only
    in connection with the operation of the school. No
    evening church activities shall be held in the new school
    building.
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    554
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    3. Evening church activities may be scheduled in the
    school building after the Environmental Protection Agency
    has certified that the Judge Avenue sewer has adequate
    transport capacity.
    IT IS SO ORDERED.
    Mr. Henss was not present.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Boar~,hereby certify the above Opinion and Order were adopted on the
    .3
    ~
    day of January, 1974 by a vote of
    4J—o
    Illinois Pollution
    rol Board
    10 —555

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