ILLINOIS POLLUTION CONTROL BOARD
    June
    7,
    1973
    VILLAGE OF LIBERTYVILLE,
    Petitioner,
    v.
    )
    PCB 73—189
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent,
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Seaman):
    Petitioner, the Village of Libertyville,
    filed for a
    variance which was received by the Environmental Protection
    Agency
    (hereinafter “Agency”) on May
    7,
    1973.
    The Petitioner
    requests a variance from Rule 921(d)
    of Chapter
    3:
    water
    Pollution Regulations of Illinois
    (hereinafter “Chapter 3”)
    in order to obtain a construction permit to construct an
    upgraded sewage facility.
    The Petitioner currently owns and operates a 2,000,000
    gallon per day wastewater treatment plant, discharging the
    effluent therefrom into the DesPlaines River.
    The plant
    provides primary and secondary treatment and is presently
    operating at or near design capacity.
    On August 28,
    1972,
    the Petitioner submitted to the Agency
    a project completion schedule indicatin~that the Village was
    taking action to expand its plant to a 4,000,000 gallon per
    day capacity and to add tertiary treatment facilities
    in order
    to meet the Water Quality Standards which will become effective
    December
    31,
    1973.
    The schedule further indicates that the
    improvements will be completed on December 1,
    1974.
    On
    November 29,
    1972,
    the Agency disapproved the project comple-
    tion schedule since the expanded plant would not be in opera-
    tion by the December
    31,
    1973 deadline.
    On March
    26, 1972
    the Agency received an application from the Petitioner for
    the construction permit which the~A.gencydenied because the
    project completion schedule had not been approved.
    The Agency, however,
    now recommends the granting of a
    variance.
    This Board
    is disposed to allow the variance since
    a refusal to allow Petitioner to acquire the necessary permit
    to upgrade its facility could only result in delaying the
    operation date of the improvements contemplated, thereby
    frustratinq the spirit and intent of the Act.
    Relief from
    the provision of Chapter
    3 of the regulations is essential
    8
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    247
    —2—
    to permit the Petitioner to comply with the regulations
    promulgated by the Board and to prevent the imposition of
    arbitrary or unreasonable hardships upon the village and
    the public.
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board.
    ORDER
    The Petition for Variance is granted from Rule 921(d)
    of Chapter
    3 of the ~?aterPollution Regulations of IllInois.
    I,
    Christan L. Moffett, Clerkof the Illinois Pollution Control
    Board, certify that the above Opinion and Order was adopted by
    the Board on the
    74~~
    day of
    ~L_J
    ,
    1973, by a
    voteof
    g
    to
    0
    _____
    i~~t
    ~
    ~
    /
    8
    —
    248

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