ILLINOIS POLLUTION CONTROL BOARD
October
4,
1973
PLOCH IMPORT MOTORS,
INC.,
Petitioner,
PCB 73—292
vs.
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION ?~NDORDER OF THE BOARD
(by Mr.
Seaman)
Petitioner, Ploch Import Motors,
Inc., filed
a petition
for variance which was received by the Environmental Protection
Agency
(Agency)
on July 18,
1973.
Petitioner seeks relief from Order #7 of League of
Women Voters vs. North Shore Sanitary District,
PCB 70-7,
12,
13, and 14 to allow the connection of
a small office
building to the Lake Bluff sewage system.
The building is
presently served by
a septic system.
The Pollution Control Board
(Board)
on July 20,
1973,
determined that the petition was inadequate.
The Lake County
Department of Public Health was requested to supply the Board
a report as to the present state of the Ploch Import Motors,
Inc.
septic system and a recommendation as to disposition of
this case by the Board.
The report from Lake County was
received by the Agency on August
3,
1973.
T~gencyinvestigations indicate that the proposed sewer
connection would be tributary to the Clavey Road sewage treatment
plant, which is owned and operated by the North Shore Sanitary
District.
The report from the Lake Courity~HealthDepartment is
not a complete response to the Boar~d’srequest of July 19 since
no recommendation was made as to ~thedisposition of the case.
The Health Department indicates that both the septic sewer pipe
and the septic tank have recently been damaged.
9—411
—2—
There
is, however,
no showing of the cost of repair.
The Board has in other cases allowed variances where
a health hazard exists and cannot be eliminated with
reasonable costs.
(See e.g. Miller v. Environmental
Protection Ager~ç~,PCB 73-43; Clark v. Environmental
Protection Agency, PCB 73-38; Winsor v. Environmental
Protection Agency, PCB 71-334; and Bartell v. Environmental
Protection Agency, PCB 72-382.)
The Agency believes that the present case
is distinguishable
from the above cited cases,
in that the Petitioner has
failed to show that a health hazard presently exists and
that even if a health hazard did exist that it could not be
easily eliminated.
We agree.
ORDER
IT IS THE ORDER of the Pollution Control Board that
this petition be dismissed without prejudice.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, certify that the above Opinion and Order was
adopted by the Board c~nthe
‘/~
day of
______________
1973, by
a vote of
~
to
____________
o
J~4~S~
9—412