ILLINOIS POLLUTION CONTROL BOARD
June 14,
1973
)
EXCHANGE NATIONAL BANK OF CHICAGO
)
as trustee under
its Trust No.
23787;
)
CRYSTAL POINT OF LAKE FOREST,
a limited
)
partnership and beneficiary of said trust,
)
and KATZ-WEISS CONSTRUCTION CORPORATION
)
)
)
v.
)
PCB
73-15
)
)
ENVIRONMENTAL PROTECTION AGENCY
)
)
INTERIM OPINION AND ORDER OF THE BOARD
(by Mr.
Dumelle)
Petitioners
seek a variance from this Board’s order entered on
March
31,
1971 in League
of Women Voters
v. North Shore Sanitary Dis-
trict, PCB
70-7,
70-12,
70-13,
and 70-14.
That order created
a
moratorium on construction in Lake County,
Illinois by precluding
any
additional sewer
connections
to the North Shore Sanitary District
(NSSD),
Some permits were subsequently authorized by later Bo~ard
orders.
Hearing was held on April
5,
1973.
The sanitary sewer extension which serves petitioners’ develop-
ment is tributary to the Lake Forest sewage treatment plant.
It
is
a
primary plant with a design average flow of 1.2 mgd and a design flow
of 3.0 mgd.
The current average flow is 1.9 mgd.
The plant provides
alum treatment,
primary sedimentation and chlorination.
During peak
flow periods partially treated sewage
is bypassed directly to Lake
Michigan.
By September,
1973, dry weather flow from the Lake Forest
Plant
is expected to be diverted to the Clavey Road Plant while excess
wet weather flow will be treated
at the Lake Forest Plant.
In addition to being hydraulically overloaded, the plant produces
an effluent which
is high in BOW and suspended solids.
Operational
reports for October, 1972 thru. January, 1973 show BOD at
77,
31,
49
and
32 mg/i and suspended solids at 43,
26,
43, and
44 mg/i.
Five
Agency grab samples taken between May, 1972 and January, 1973 show
BUD at
75,
70,
50,
75 and 40 mg/l and suspended solids
at
36,
6,
15,
35,
and
85 mg/i.
Petitioners’
propose to build
three condominium buildings having
a total of
102 apartment units and an estimated additional hydraulic
load of 30,600
gallons per day with an additional
52 pounds per day
of BUD.
The total project consists of six buildings,
three of which
have already been built, and are occupied.
Petitioners’
contracted on
July 31, 1969 to purchase the land for over $1,000,000.
The proposed
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-2-
development was approved by the Lake Forest City Council on February
2,
1970.
On August
26, 1970 the project received
a Lake Forest
sewer
permit.
Petitioners, however, have never received
a permit from the
Agency.
Petitioners,
in oral representations before the Board have
stated that
they have put one condominium building under construction
at their own risk with completion and use scheduled for April
1,
1974.
They would anticipate starting the remaining two buildings
this year
with completion dates being respectively July
1,
1974
and September
1,
1974.
The
petitioner
has
an
investment
in
facilities
intended
to
be
used
by
the
entire
6-building
complex,
We
are
cognizant
of
that
construction
and
the losses incurred
in
investment
costs
lying
unutilized.
On
the
other
hand,
the
Agency
points
out
that
increased
flows
to
the
Lake
Forest
plant,
now
overloaded,
will
only
worsen
the
effluent
and
thus
affect
Lake
Michigan.
The solution,
of course,
is to divert the Lake Forest plant to an
enlarged Clavey Road plant.
But the details
as
to that eventuality
lie
in another proceeding not yet before us
and just postponed for
additional
hearings
to
la e July
(North Shore Sanitary District v.
EPA, PCB 73-134).
The statutory time
is about
to run on the instant
j3~6ceedingand we must decide.
Since
use
of the building now under construction
is not to be
before April
1,
1974
we
grant
a variance for that connection,
We defer
the decision on the remaining two buildings until August
15,
1973 and
keep
this proceeding
open pending completion of PCB
73-134,
Counsel
for the petitioner has orally agreed to a waiver until August
15,
1973
from the 90-day statutory decision
period.
This opinion constitutes the
Board’s
findings
of
fact
and
con-
clusions
of
law.
-3-
ORDER
1.
Variance from the sewer connection ban order entered on
March 31, 1971
in League
of Women Voters
v. North Shore
Sanitary District, PCB 70-7,
etc.,
is granted to petitioner
in order to enable connection of one of the three buildings
remaining to be constructed in petitioner’s project
as
alleged in the variance petition filed herein.
Construction
of the sewer authorized by this Order may be commenced
immediately, but shall
not be put into use prior to April
1,
1974.
2.
The decision of the Board with respect
to variance of the
sewer ban as to the remaining
two buildings
is deferred for
further consideration and order of the Board until August 15,
1973, upon petitioner’s filing
a waiver of the 90-day variance
decision rule to August
15’,
1973 within five days
from the
date hereof.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control
Board, hereby certify the above
Interim Opinion and Order
were adopted on the
/i/’~\
day of June,
1973 by
a vote of
3—o
~tanJ~Io:f~
~
Illinois Pollution
C
‘
rol Board
8
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