ILLINOIS POLLUTION CONTROL

BOARD

October 31, 1972

NORTH SHORE SANITARY DISTRICT

v.

)

#71—343

ENVIRONMENTAL PROTECTION AGENCY

Opinion

&

Order of the Board (by Mr. Currie):

The Capital Development Board of the State of Illinois

petitions us for clarification of our order in this case en-

tered March 2, 1972, 3 PCB 697, with respect to the ability

to connect a new state facility for the mentally retarded to

sewers in the North Shore Sanitary District without payment

of a connection fee, which it is alleged would unreasonably in-

terfere with the exercise of vital governmental functions.

The motion must be denied.

The Capital Development Board was not a party to the case,

and neither was anyone in whose shoes it stands in making

this request. The Development Board therefore has no standing

to ask for further proceedings in that case, which in any

event is closed. Cf. Lake County Contractors Ass~nv. Pollution

Control Board, N.E.2d (Ill. App. 2d Dist., ##71-1l4,

71-115, July 31, 1972) as to persons entitled to seek judicial

review of Board decisions. Nor has proper service been made,

as was conceded by the Development Board in presenting its

motion at our October 31 meeting, on other parties to the

proceeding. Moreover, “clarification” hardly seems the

appropriate remedy, since our order of March 31, 1971, in

League of Women Voters v. North Shore Sanitary District,

#70—7, 1 PCB 369, 395 flatly requires the District to take

all measures within its power to raise funds for needed treat-

ment plant improvements by imposing, among other things,

connection charges, because of serious money shortages

alleged by the District. The proper remedy when a Board

order imposes unreasonable hardship, as here alleged, is to

petition for a variance. We cannot treat the present motion

as a variance petition, for there is only the most con-

clusory allegation respecting hardship and other requirements

of the procedural rules for the contents of variance petitions

are not met. We are not prepared to say without proper

allegations and proof that the State of Illinois is entitled

to exemption from rules applicable to everybody else with

respect to bearing one~sfair share of the costs of in-

dispensable municipal services.

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The motion is hereby denied without prejudice to the

filing of an appropriate variance petition.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion

&

Order

this 31st day of October, 1972, by a vote of

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