ILLINOIS POLLUTION CONTROL BOARD
    August 9,
    1973
    )
    FIELDS, GOLI)MAN ~ MAGEE
    )
    )
    )
    v.
    )
    PCB 73-219
    )
    )
    ENVIRON~1ENTALPROTECTION AGENCY
    )
    )
    OPINION
    AND
    ORDER OF
    THE
    BOARD
    (by Mr. Dumelle)
    A petition for variance was filed on May 24, 1973 requesting
    “the construction but not the use
    of’ sanitary sewer extensions”
    for a 5-story
    50 unit building for the elderly and
    30 single fanily
    units in DuQuoin, Perry County, illinois.
    It apaears that the
    buildings
    in question are under construction but it is difficult
    to be certain about this.
    No hearing was held.
    Fields, Goldman and Magee are “architects, rlanners and
    engineers” according to their letterhead hut do not clearly identify
    their connection to this project.
    On June
    27,
    1973 the Agency filed its recommendation requesting
    denial for many reasons.
    On July 16, 1972 the petitioner filed a
    “rebuttal to EPA recommendation” and provided more information but
    requested a variance “to connect and operate” the sanitary sewer
    extensions.
    On July
    20, the Agency filed
    a letter requesting that
    no decision be made in the case until an amended recommendation
    can be filed in light of the change in the variance request.
    The
    Agency also avers that the July 16 petitioner’s letter is
    in fact a
    new variance and that it should be so treated.
    On August 3 the Agency prepared a “Supplement to Recommendation”
    which was filed August
    9
    (the date of this decision) and again
    recommended denial.
    It pointed out that the sewer on West Park
    Street is inadequate.
    It also questioned t~ìocapability of the City
    to control the strength of the waste flows from the DuQuoin Packing
    Company.
    On August 8 the Agency prepared a statement
    (also filed
    August 9) which recommends an “install only” variance conditional
    on sewer improvenents in West Park Street.
    It also stated it could
    not evaluate at this time new contentions received from the Dufluoin
    Packing Company as to its lagoon operation.
    The record in this case is most unsatisfactory.
    The record does
    not show the exact relationship of Fields, Goldman and ~1ageeto the
    housing project.
    We do not know who will own the project, whether
    9—fl
    —2—
    it
    is
    the
    Local
    Uousin~Author:ity
    of
    the
    City
    of
    DuQuoin
    or
    the
    ~crry
    County
    ilous ing
    Authority
    (both
    names
    appear
    in
    the
    petitioner’s
    iaterials).
    i~e do
    not
    know
    the
    exact
    status
    of
    the
    housing
    construc-
    t~on--whether
    it
    is
    in
    fact
    under
    construction,
    how
    much
    it
    will
    cost
    and
    a~hy
    it
    was
    started
    at
    all
    in
    the
    face
    of
    an
    Agency
    sewer
    ban.
    Quest:ions
    about
    inadequate
    sewers
    and
    the
    i)uQuoin
    Packing
    Comnanv’
    s
    oncrati
    on
    st:i
    11
    remain.
    ~e
    feel
    the
    best
    course
    is
    to
    dismiss
    the
    instant
    case
    without
    nre~udice
    as
    he:ing
    inadequate.
    The
    petitioner
    can
    refile
    and
    provide
    more
    adequate
    information
    in
    a
    new
    proceeding.
    ORDER
    The
    variance
    petiti
    on
    :i.s
    dismissed
    without
    prejudice
    as
    being
    inadequate
    IT
    IS
    SO
    OT~DCRED.
    I,
    Chri stan
    L.
    Mof ott,
    Clerk
    of
    tho
    Illinois
    Pollution
    Control
    boa rd,
    hereby
    certi
    f
    the
    abo~’e Opi nion
    and
    Order
    were
    adopted
    011
    the
    ~~~dav
    of
    August
    ,
    1973
    by
    a
    vote
    of
    ~.
    I
    ~i1
    ~~io~s
    ~o11utionrCpntrol
    T~oard

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