ILLINOIS POLLUTION CONTROL BOARD
    August
    23, 1973
    )
    EXCHANGE NATIONAL BANK
    )
    OF CHICAGO
    )
    )
    )
    v.
    )
    PCB 73~l5
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION
    AND
    ORDER OF
    THE
    BOARD
    (by Mr. Dumelle)
    Mr.
    Robert Marks; Marks, Marks
    and Kaplan, appeared on behalf of
    the Petitioners;
    Mr. Frederic
    J. Entin, Assistant Attorney General,
    appearing on
    behalf of the Environmental Protection Agency
    On June 14,
    1973 we entered an interim opinion and order in
    this proceeding granting
    a variance to connect
    one of three buildings
    yet
    to be built in
    a 6-building condominium complex in Lake Forest.
    We deferred until August
    15,
    1973 the decision on the remaining two
    buildings which have completion dates
    of July 1,1974 and September 1,
    1974
    (later changed to October,
    1974)
    respectively.
    The
    two bui1dir~gsremaining in the variance petition drain
    to the Lake Forest sewage treatment plant which
    is to be diverted
    to
    the Clavey Road treatment plant of the North Shore Sanitary District.
    We
    had hoped
    to determine when that event would
    take place from the
    record in another proceeding before us
    (NSSD v.
    EPA, PCB
    73-134) but
    those hearings have been rescheduled
    for October
    2,
    1973.
    Petitioner has alleged expenditures for services and improvements
    for the use of all
    o.f
    the
    six buildings an amount of $350,000.
    it
    further alleges additional costs because
    of delays
    in sales
    of the
    condominium units and because of inflation of construction costs.
    The petitioner has waived the time requirements for
    a decision
    until today and filed on August
    21 a stipulation signed jointly
    with the Agency to complete the record in this case.
    The stipulation
    states that on or about September 15, 1973 Phase
    I of the Clavey
    Road treatment plant expansion will be completed raising its capacity
    from 4.5 MCD
    to 10.0 MCD.
    This capacity
    (10.0 MGD) compares to
    present flows
    in excess of 6 MDC.
    It
    is further stated by the parties
    that there will then be sufficient capacity to divert
    to Clavey Road
    the “entire dry weather flow of the Lake Forest Plant
    (including any
    additional
    flow which will res~.ltfrom the
    two buildings in question)
    as well as
    the flow from the t~akeBluff Sewage Treatment Plant
    and
    the Cary Avenue Sewage
    Trea-tinent Plant.”
    9— 61
    -2-
    The two buildings for which variance
    is desired are to be
    completed in July and October of 1974 respectively.
    Thus it
    would appear that the dry weather flow from these buildings would
    be adequately provided for in ample
    time.
    There
    are two other sewage plants
    ,
    Ravine Avenue and Park
    Avenue, which discharge to Lake Michigan and which are also to be
    diverted to Clavey Road.
    The stipulation is
    silent
    about when this
    event will happen (which should then permit the bathing beaches
    to reopen).
    It
    is stipulated, however, that Phase
    II will be
    completed on January 1,
    1974 and total Clavey Road plant capacity
    will then go from 10.0 MCD to either
    17.0 MCD or 17.8 MCD.
    This
    seems like ample additional
    capacity to handle
    the remaining two
    small lakeside
    sewage plants.
    The Board, when it decides PCB 73-134,
    can make certain that new permits do not pre-empt Clavey Road plant
    capacity necessary for complete diversion.
    The matter of overflows remain.
    The stipulation further states
    that
    a retention basin with
    a
    20 MCD capacity is under construction
    for completion July
    1,
    1974.
    This is
    the date the first building in
    the instant case would be completed.
    We
    grant the variance for
    the two remaining buildings to
    connect to the sewer system.
    As to the question as
    to whether
    this action will remove by precedent the sewer connection ban
    imposed upon the North Shore Sanitary District, we leave
    to the
    deci~n yet
    to come
    in PCB
    73-134.
    We hope that very soon the
    connection ban can be lifted in its entirety and will be much
    more liberal in granting variances in light of the stipulation
    filed in this
    case.
    ORDER
    Variance is granted
    to connect the remaining two buildings
    in this development to the sewer system with permanent
    use and
    occupancy to come after July
    1,
    and October 1,
    1974 respectively.
    IT
    IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    hereby certify the above Opinion and Order were adopted on the
    ~3A’~
    day of August,
    1973 by
    a vote of
    ~3—O
    Illinois Pollution Con rol Board
    9
    —
    62

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