ILLINOIS POLLUTION CONTROL
BOARD
February
7, 1974
)
ROBERT H. FOREMAN
)
)
)
v.
)
PCB 73-492
)
)
ENVIRONMENTAL
PROTECTION
AGENCY
)
)
OPINION
AND
ORDER
OF THE
BOARD
(by Mr. Dumelle):
On November 16, 1973 petition for variance from a sewer
connection ban was filed~ Petitioner desires to construct eight
additional one-bedroom apartments at 1037-1041 McAree Street
in Waukegan.
The property presently has five apartments on it.
The property was purchased in December 1971 and the petitioner
“was not told of the sewer problem” at the time of purchase.
The
petitioner’s hardship is the need for additional income.
Documents
were submitted showing that he suffers from “bilateral Morton’s
neuroma”which causes pain in his feet.
The petitioner alleges that
his wife cannot now work because of back injuries
and. that he has
onlyaveraged 25 hours of work per week since 1970.
On November 29,
1973 the ~oardentered an order requesting
information as to the adequacy of the sewer to which the proposed
eight additional apartments would connect.
The information was to
be supplied within 30 days or by December 29, 1973.
To date no
information has been received from the petitioner and the petition
could be dismissed for reason of being inadequate.
No public
hearing was held.
The Agency filed its recommendation on December 10,
1973 and
asks for denial.
It points out that the population equivalents
(P.E.) allowed to be connected to the Waukegan sewage treatment
plant under PCB 72-451 have not been exhausted and that ordinarily
a permit could be issued by the North Shore Sanitary District.
However, the petitioner’s property would connect to the Judge
Avenue sewer in Waukegan which the~4encyhas classified
“hydraulically overloaded”.
This sewer, when overloaded, bypasses
11—197
raw
wastes
to Yeoman Cre~kan~
~r1t(
~as~mentc in
the area
plans
are known by tue Ag?ncy of auv ~rogram cy the City of
v~aukegan o
correct
he copu~tion
f
~i
Judge Avenue sewer,
e Agency further
eint~ u~tF
t
the financial hardship
has rot been documen~edby
Lie
pefitroner.
It also states that
ilternat~ves~uch as septic
tanxs o~ noldirig tanks have not beer
examined hi
the petitiener
he por
t out that ~nother alter~atcc
is
‘~orthe City of Waukegan
tc rep’~r~o~-rehabilitate or enlarge
the sewer
Because
of
the dan5er
ro
tre nublic health were the var~ance
to be granted and the lack of cz~orationof various alternatives
the variance ~s den~edvnthout prejudice~
This opinion corst~ttes
the Board
s findings of facts
and
conclusions of
law.
IT
IS SO ORDERE?
ORDFR
I,
Christan
L. Moffett, Clerk of
h?.
Illinois Pollution Control
Board, hereby certify the above OpinIon and Order were adopted on
the ~
of Febr ~sry, 1974 by
a vote of
~
_____
Il1
inoic Pollution
rol Board