ILLINOIS POLLUTION CONTROL BOARD
    October 25, 1973
    IN THE MATTER OF:
    THE PETITION FOR VARIANCE OF:
    )
    POE 73-333
    MICHAEL MIMCHILLO
    OPINION AND ORDER OF THE BOARD (by Dr. Odell)
    The Petitioner, Michael Mimchillo, filed a petition for
    variance which was received by the Illinois Pollution Control
    Board on August 9, 1973. The Petitioner requests a variance
    from Order 7 of League of Women Voters v. North Shore Sanitary
    District, POE 70—7, 12, 13, and 14, to obtain a sewer connection
    for a proposed single-family dwelling to be built in Gurnee,
    Illinois,
    The Petitioner, his wife, and 2 children now live in a two—
    bedroom house which they own. The wife is pregnant and, accord-
    ing to an attached letter of August 2, 1973, from her doctor, the
    expected date of the birth of the third child is January 24, 1974.
    Petitioner needs a house with an additional bedroom for the new
    baby. The Petitioner alleges that when he bought his lot on
    which to build a new house in Gurnee, Illinois, he was unaware of
    the sewer ban. He further states that he has blueprints and a
    contractor but work is stopped because of his inability to obtain
    a sewer permit after a total investment of $9,000.00.
    On September 20, 1973, the Illinois Pollution Control Board
    received from the Environmental Protection Agency a recommendation
    concerning the variance request from Michael Mimchillo,
    Th~ proposed sewer connection would be tributary to the
    Clavey Road sewage treatment plant, which is owned and operated
    by the North Shore Sanitary District.
    Order 7 of PCB 70—7, 12, 13, and 14, of March 31, 1971,
    stated that: “The District shall not permit any additions to
    present sewer connections, or new sewer connections, to its
    facilities until the district can demonstrate that it can
    adequately treat the wastes irom those new sources so as not to
    violate the Environmental Protection Act, or the Rules and
    I~gulations promulgated thereunder,
    After improvements at the Clavey Road plant, the District

    —2—
    was permitted to add 1,677 living units (North Shore Sanitary
    District v. Environmental Protection Agency, PCB 71-343, March 2,
    1972) to the sewers tributary to the Ciavey Road plant for a
    period of one year after January 31, 1972 (PCB 71—343, January 31,
    1972) on the condition that: “The District shall maintain a
    monthly average effluent of 20 mg/l BOD5 and 25 mg/i suspended
    solids at the Clavey Road plant.”
    In the Environmental Protection Agency report on the
    Mimchilio case, a summary of the Clavey monthly operational
    reports from August, 1972, through July, 1973, shows that the
    Clavey Road plant has failed to consistently maintain an effluent
    quality of 20 mg/I BOD~ (this standard was met in only two of
    twelve months reported)’, which was specified in the previous
    paragraph (PCB 71-343, January 31, 1972). Suspended solids were
    above 25 mg/l during one of twelve months included in the Agency
    report.
    Improvements to the Clavey Road plant were expected to be
    completed by mid-September, 1973. When this is completed,
    however, sewage from three lakefront plants (Lake Forest, Lake
    Bluff, and Carey Avenue) will be diverted to the Clavey plant.
    When the lakefront plant flows are combined with present flows,
    the total flow at the improved Clavey plant will be increased,
    but not unduly in relation to the present 10 MGD capacity and
    the anticipated further increased capacity to 18 MCD by March 1,
    1974, as is indicated below.
    On October 24, 1973, Mr. John T. Bernbom, Attorney in the
    Enforcement Section, Division of Water Pollution Control,
    Illinois Environmental Protection Agency, sent to the Illinois
    Pollution Control Board more up-to-date information concerning
    the operation of each of the North Shore Sanitary District
    plants. This report included the following information:
    Clavey Road plant
    Ten million gallons per day capacity is presently
    possible. Full secondary treatment (18 MGD) expected
    by March 1, 1974. Advanced treatment by September 1,
    1975.
    Month
    Flow (MGD) BOD (mg/i) TSS (mg/i)
    August 1973
    6.33
    11
    13
    July
    6.34
    19
    23
    June
    7.64
    23
    20
    May
    8.19
    30
    31
    April
    10.31
    28
    22
    March
    9.21
    35
    21
    February
    6.87
    33
    20
    January
    7.56
    18
    17
    December 1972
    7.30
    21
    12
    November
    7.63
    35
    13
    October
    7.89
    30
    16
    September
    10,41
    41
    14
    Average
    7,97
    27
    19
    9
    652

    —3—
    Lake Bluff plant
    Dry weather flows currently being pumped to Clavey
    Road plant. Total flows to be diverted to Clavey
    Road plant no sooner than August 1, 1975. Average
    monthly flow
    =
    0.35 MCD, January through August, 1973.
    Average monthly BOD
    =
    116 mg/l, June through August, 1973.
    Average monthly TSS
    =
    110 mg/i, June through August, 1973.
    Carey Avenue plant
    Dry weather flows will be pumped to Clavey Road plant
    in November, 1973. Total flows to be pumped to
    Ciavey Road plant by July 1, 1974. Average monthly flow
    =
    1.29 MGD, January through August, 1973. Average
    monthly BOD
    =
    74 mg/i, June through August, 1973.
    Average monthly TSS
    =
    160 mg/i, June through August,
    1973.
    Lake Forest plant
    Dry weather flows will be pumped to Ciavey Road plant
    in November, 1973. Total flows to be pumped to Clavey
    Road plant by May 1, 1975. Average monthly flow
    =
    1.17
    MGD, January through August, 1973. Average monthly BOD
    =
    60 mg/i, June through August, 1973. Average monthly
    TSS
    =
    90 mg/l, June through August, 1973.
    The above information for the Clavey Road plant indicates
    that (a) its performance has improved during recent months,
    (b) it can efficiently handle a flow of 10 MGD now, and (c) it
    can handle up to 18 MCD by March 1, 1974.
    On the basis of these facts, and the information given by
    the Petitioner, it is the judgment of the Board that a
    variance can be granted in the instant case to obtain a sewer
    connection so that the Petitioner can proceed with construction.
    It appears that this can be done without harming the environment,
    especially since a further increase in sewage handling capacity
    will be available at the Clavey Road plant at about the time the
    Petitioner’s home may be completed.
    ORDER
    It is the Order of the Pollution Control Board that the
    petition for a Variance be and is hereby granted.
    I, Christan L. Moffett~ Clerk of the Pollution Control Board,
    certify that the above Opinion ~nd Order was adopted by the
    Board on
    the
    ~
    day of
    ~
    1973, by a vote of
    ____
    to 0
    C
    ~ ~~MorfettY~~
    Illinois Pollution ‘e~ntrol Board
    653

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