ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1971
    FRANCIS
    CT.
    & MARGARET CT, DUPRE
    )
    v.
    )
    PCB 71—94
    ENVIRONMENTAL PROTECTION AGENCY
    Opinion of
    the Board (by Mr. Dumelle)
    On Nay 26, 1971 the Board decided an enforcement action
    brought by the Environmental Protectien Agency (EPA) against the
    Danville Sanitary District (Docket No. 71-28). Part of the
    order in that case was the imposition
    çf a
    ban on new sewer
    connections
    by
    the Sanitary District)~ The petitioners in this
    case
    are husband and wife, joint owners of a residence
    on
    which
    construction was commenced on or about May
    1,
    1971 who have requested
    to be allowed to connect their new home to the existing sewer line.
    It appeared that petitioners took the following steps toward building
    their home before the issuance of the Board Order in PCB 71-28:
    a. On March 22, 1971, paid $500.00 deposit on lot.
    b. On April 8, secured building permit from City
    of
    Danville
    c.
    On or about April 12, contracted to purchase a
    ~pre—fab” house, for $13,096.07.
    d. On April
    15,
    received mortgage
    loan
    of $26,000.
    e. On
    April
    20, paid final $4,000 for lot.
    f. On May 21,
    paid
    $1,553 for foundation.
    g. On May 24, paid $12,965 for delivery and completion of
    erection of “pre—fab” home.
    1 E~ivironmentalProtecti~nA enc v, Danville Sanitar District,
    PCB
    71-28,
    Order, Paragraph
    Sewer
    Connections:
    The District shall make no new sewer
    connections
    to
    increase the load on the treatment facilities
    and
    it
    shall not
    allow
    existing
    connections
    to increase the
    quantity or
    concentration of their discharge until the monthly
    average BOD
    effluent
    concentration
    has been
    reduced
    to
    20
    mg/i
    and
    the
    suspended solids concentration
    has been reduced to
    50 mg/i.
    2— 200
    We grant the instant request based first on the fact that
    construction of the dwelling was substantially complete by the time
    the sewer ban in ~
    Danvilli nitarDi!trict was instituted
    and secondly on the showing of the Sanitary District (through opera-
    ting reports) of very substantial improvement of the quality of
    its effluent. This variance is granted without a hearing as the
    petition and attachments clearly evidence all the pertinent facts
    regarding commencement and progress of construction.
    The nature of the hardship in this case is both arbitrary
    and unreasonable; arbitrary inasmuch as it is an after-the—fact
    imposition of a condition after the petitioners had gone beyond the
    point of no return in building their home, and unreasonable because
    denial would leave a completely built home idle and unoccupied even
    though the petitioners had no notice of the possibility that a sewer
    connection would not be obtainable at the time they made substantial
    and irrevocable steps toward completion of their home.
    This Opinion constitutes the Board~s findings of fact and
    conclusions of law.
    I, Regina E, Ryan, Clerk of the Illinois Pollution Control
    Board, certify that the Board adopted the above Opinion on the 5th
    day of August, 1971.
    2 — 201

    Back to top