ILLINOIS POLLUTION CONTROL BOARD
    Nlarch 2,
    1972
    PFANSTIEHL LABORATORIES
    v.
    )
    PCB 72—37
    ENVIRONMENTAL PROTECTION AGENCY
    CHARLES STONE
    v.
    )
    PCB 72—42
    ENVIRONMENTAL PROTECTION AGENCY
    OPINION OF THE BOARD (by Mr. Kissel):
    These two cases involve requests for variances from Para-
    graph 7 of the March 31, 1971 order of the Board in the North
    Shore Sanitary District case. League of Women Voters, et al
    v. North Shore Sanitary District, PCB 70-7, 12, 13 and 14,
    opinion dated March 31, 1971. In the Pfanstiehl case (PCB72—37)
    the verified petition details that Pfanstiehl made repairs to
    its sewer discharge lines and completed them in December of
    1970. Subsequently, (November, 1971) it was discovered that
    the sewer contractor had connected one of the discharge lines
    to the storm, not the sanitary, sewer line. Upon discovery,
    the City of Waukegan (the city in which the Pfanstiehl plant
    is located) directed Pfanstiehl to discontinue discharging water
    into the storm sewer. This re—connection was done; however,
    on inspection the Agency advised Pfanstiehl that since this was
    an additional discharge to the sanitary sewer system since
    March 31, 1971, Pfanstiehl would have to apply for a variance
    from the Board’s order previously referred to.
    In the Stone case (PCB 72-42) the petition verifies that he
    owned and resided in a single family dwelling unit in Waukegan,
    and has resided in that home for the last 30 years. On December
    19, 1971, the house burned to such a degree that it was uninhabit-
    able, and to date the sanitary sewer has not been used. Mr. Stone
    now seeks to use the sanitary sewer (apparently repairs to the
    house have been completed to make it habitable again) but has been
    told that this is a new connection and,therefore, a variance must
    be granted by the Board from the aforesaid March 31 order.
    3
    —
    719
    Both cases present basically the same fact situation. In
    each case the petitioners were using the sanitary sewer prior
    to the March 31, 1971 order, but for an explainable reason the
    sewer use was discontinued
    -—
    jn the Pfanstiehl case because of
    the connection to the storm sewer, and in the Stone case because
    of the
    fire. Nhile the order of March
    31 prevented additions
    to old connections, as well as new connections,. we do not feel
    that the intent of the order was to exclude connections for
    those who had been using the system, and for an explainable
    reason, discontinued use, and then merely wanted to reconnect
    to the sewer system.
    The variances therefore will be granted.
    I, Christan L. Moffett, Clerk of the Pollution Control Boa,r~,
    certify that the above Opinion and Orde,r was adopted on this .~
    ‘~‘
    day of March
    1972, by a vote of q—(.j
    Christan L. Moff t
    Clerk of the Boar
    3
    —
    720

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