ILLINOIS POLLUTION CONTROL BOARD
October 16,
1975
J.
RUSSEL MILLER,
Petitioner,
)
PCB 75—309
ILLINOIS
ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
OPINION
AND ORDER OF THE BOARD
(by Mr. Goodman):
This
matter
comes before the Pollution Control Board
(Board)
upon
the
August
6,
1975,
petition of
J.
Russel
Miller
(Miller)
for variance from the October
24,
1974,
Board Order in PCB 74—230.
The Board construes Miller’s
petition as
a
petition for variance from a sewer ban.
Petitioner
owns block 126 and 129
in South Waukegan
Subdivision,
North Chicago,
Illinois.
The Board,
in PCB 74-
230,
granted
Miller variance for his office building from a
sewer ban and
allowed Petitioner to connect his building,
provided that
the connection serviced only the second floor
which had been
leased to two dentists.
He now seeks to connect
the
other
two floors of his building to the North Shore
Sanitary
District.
The Board noted at page three of its
Opinion that:
“In reaching the decision to grant this
limited relief,
we are not unmindful that Petitioner’s
hardship,
onerous as it may be,
was
largely self-imposed.”
Accordinq to the Environmental Protection Agency’s
(Agency)
recommendation,
the North Chicago Plant of the
NSSD
has been issued
a
final NPDES
permit
and the sewer ban
should be
lifted when the Gurnee plant is completed in
November of this year.
As the financial burden on Petitioner was largely self—
inflicted
and as the sewer ban should end in November of
this year,
the
Board
finds that Petitioner has failed to
show
a change
in
circumstances which would support a modi—
fication of the Board’s Order
in PCB 74-230.
Therefore the
Board must
deny Miller’s variance petition.
19
—
105
—2—
This Opinion constitutes
the findings of fact and
conclusions of law of the Board in this matter.
ORDER
It
is the Order of the Pollution Control Board that J.
Russel
Miller’s petition for variance be, and is hereby,
dismissed.
Mr. Young abstained.
I,
Christan
L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby cert~fythe above Opinlo
nd Order
were adopted on the
_______________
day of
_______________
1975 by
a vote of
,~.p
Illinois Pollution
19
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106