ILLINOIS POLLUTION CONTROL BOARD
August 13, 1971
ARTHUR H. ZAMOST
v
)
#
PCB71—136
ENVIRONMENTAL PROTECTION AGENCY
Mr. Arthur H. Zamost, pro se.
Mr. Lee Zelle,for the Environmental Protection Agency
Opinion and Order of the Board
(by Mr. Currie):
Mr. and Mrs. Zamost seek a variance to permit connection
of a proposed new home to sewers tributary to an overloaded
treatment plant in
the
North Shore Sanitary District (see
#
70-7, March 31, 1971). We deny the petition.
The sad state of the air and water as a result of inadequate
sewage treatment within the District was fully documented
in
our March
31
opinion. We have insisted on proof
of
consider-
able hardship--unreasonable hardship, as required by the statute--
in order to justify any new connections that will make a bad
situation worse, In the present case the petitioners have pur-
chased a lot and paid for plans for their new home (R. 5), but
construction has not begun CR, 13)
.
We have held the inconvenience
due to postponement of construction under similar circumstances
insufficient, E.g., Wagnon
V.
EPA, # 71-85 (July 26, 1971).
The evidence also is that the petitioners must vacate their
present~home, which has been rented to others in reliance
on their anticipated move CR. 6)
.
But the record suggests
the strong possibility that they must make temporary arrange-
ments to live elsewhere even if the variance is granted, because
the new house can no longer be completed by the agreed moving
date of September
1
CR. 12), In any case, there isno showing
that the petitioners are unable to find or to afford adequate
housing for the interim until the plants are built and the
sewer ban lifted. We regret the inconvenience, but we do not
think
it
rises to the level of hardship required to justify
additional pollution.
The petition for variance is
denied.
This opinion constitutes the Board~s findings of fact and
conclusions of law.
I, Regina E. Ryan, certify that the Board adopted th-e~boveOpi
and Order this~ day of~,,
1971.
2 — 301