ILLINOIS POLLUTION CONTROL BOARD
July 31,
1973
PERRY
R.
AND
ANNA
MAE
HEAVNER,
Petitioner,
v.
)
PCB 73-228
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent,
OPINION AND ORDER OF THE BOARD
(by Mr.
Seaman):
This
is
a
Petition for Variance filed by Perry
R.
Heavner
and Anna Mae Heavner, which was received by the Environmental
Protection Agency (hereinafter referred to as Agency) on May
29,
1973.
The Petitioners seek relief from an alleged ban im-
posed by the Agency pursuant to the operation of Rule 921(a)
of Chapter
3: Water Pollution of the Illinois Pollution
Control
Board Rules and Regulations
(Chapter
3), on
sewer extensions
and connections in an area served by the Warren Levis Lagoon
owned and operated by the Godfrey Township Utility Board
(Godfrey).
Petitioners seek such relief in order to obtain a sewer connection
permit for a proposed single—family residence to be located in
Madison County,
in Greenwood Meadows Subdivision, Godfrey,
Illinois,
The Board in Godfr~yTownship Utility Board v. Environmental
~ionA~~cPCB72-68
(June
27, 1972), held that a Sanitary
Water Board letter dated September
24, 1969 did not impose
a flat
ban on additional connections to existing sewers.
The Opinion
read “that letter stated that permits would be required
for 1ar~
ger
construction and requested
-—
rather than ordered
——
that
connections to existing sewers be limited,”
We agree with the
Agency recommendation that Petitioners~present inability to
obtain
a sewer connection stems from Godfrey~srefusal to issue
such connection permits as was requested by the Sanitary Water
Board in its September 24, 1969 letter,
However,
no
ban,
as such,
on sewer connections has been imposed by the Agency;
therefore,
no action on the part of the ~Agency or the Board could change
Petitioner
s plight.
This Opinion constitutes the findings of fact and conclu~
sions of law of the Board,
—2—
ORDER
We find that the Petition for Variance must be denied as
moot and without prejudice.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, certify that the above Opin~onand Order was adopted by
the Board on theJ~~ay of
____________,
1973,
by a vote of
‘if
too
.
~
8
—
686