ILLINOIS POLLUTION CONTROL BOARD
June 21, 1973
ABE
SCHWARTZ,
)
Petitioner,
v.
)
PCB73-41
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
Milton L. Schwartz on behalf of Petitioner;
Thomas A. Cengel, Assistant Attorney General, on behalf of
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Seaman):
On January 1, 1973, Petitioner, Abe Schwartz, filed a
petition for a one year variance from Rule 404 of Chapter 3:
Water Pollution Regulations. Petitioner owns, operates and
controls a laundromat in an unincorporated area of Nameoki
Township, County of Madison, having no sanitary
sewage system.
Petitioner’s operation generates a daily average of
approximately 2,800 gallons of wastewater from the washing
machines. Petitioner contends that 80 to 85 of the waste-
water is treated by a septic system consisting of six tanks.
Septic effluent plus totally untreated wastewater is discharged
to a drainage ditch, emptying into a storm sewer, tributary to
Canton Creek.
Agency Surveillance Section samples indicate that Peti-
tioner is in violation of Rules 203(a), 403, 405, 903(a) and
1002(b) of Chapter 3 in that Petitioner’s effluent contains
excessive concentrations of color, turbidity, fecal
coliform,
BOD and suspended solids resulting in violation of general
water quality standards. Petitioner’s future compliance is
dependent entirely upon proposed installation of sanitary
sewers in the vicinity of Petitioner’s laundromat.
Petitioner alleges that the sewage service is planned
for the immediate
future.
The
Agency disagrees; however,
neither party has presented sufficient evidence of record upon
which this Board can determine the issue.
8—
337
Petitioner’s 1971 income
tax
return (Exhibit C)
shows
that
the income produced by the laundromat was $5,180
and
.that the
total
depreciated value of the laundromat’s
equipment
is $3,660.
Petitioner’ s Exhibit D, a bid for the type of water
treatment
facility necessary in order to
comply
with applicable water
pollution regulations, shows a cost of approximately $20,000.
Petitioner
states that
he cannot afford to purchase this
equipment and, even
if he could, it
would
not be economically
reasonable to expend $20
,
000 to
continue
to operate a
laundromat
which
generates such
low
income. There is also an $11,000
balance on the $15,000 loan Petitioner negotiated to purchase
the laundromat (R. 10).
Petitioner, age 66, underwent cancer surgery three years
ago, resulting in the loss of his urinery bladder and one kidney,
and Petitioner alleges that, other than the light work involved
in operating the
laundromat,
he is unable to engage in any
other activity by
which
ha could support himself.
The Board is disposed to grant a six—month variance in this
situation, during which
period
the parties should be able to
make a more demonstrative projection of when and if sanitary
sewers will be installed adjacent to Petitioner’s property.
This
Opinion constitutes the findings of fact and conclu-
sions of law of the Board.
IT IS
THE
ORDER of the Pollution Control Board that
Petitioner,
Abe
Schwartz, be granted a six-month variance fron
Rule
404
of the Water Pollution Regulations.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, certify that the
above
Qpinion and Order was adopted by
the Board on the
e~g’~
day
of
~,,
1973, by a
vote
of 1/
to
0
.
8—338