ILLINOIS POLLUTION CONTROL BOARD

November 8, 1972

LIBERTY FINANCIAL CORPORATION

v.

)

PCB 72-339

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)

This is a Petition for Variance from a sewer ban imposed by the Agency.

Liberty is an Illinois corporation engaged in the land development business in

Springfield. In May of 1971, Liberty made their initial down payment ona

seventy-acre parcel in the northeast section of Springfield for the purpose of

constructing a mobile home park. They started rough grading in November of

1971. From then thru May of 1972 they did their finish grading and grading

for the streets.

On May 18, 1972, Liberty obtained from the Illinois Department of

Public Health a permit to construct the mobile home park. In reliance upon

that permit Liberty then proceeded with construction of the sewers. There-

after they applied to the Environmental Protection Agency for a sewer

connection permit. That application was denied on July 31, 1972 for the

reason that the Springfield Sanitary District sewage treatment plant was over-

loaded. On that same date Liberty was notified by the Springfield Sanitary

District that the District could not issue a sewer connection permit until

Liberty had first received a permit from the Agency. The new sewage treat-

ment plant is expected to be in operation by March of 1973.

Liberty claims that prior to receiving the July 31 denial from the Agency

they had not been aware that the Agency had issued any sewer ban in Springfield.

They further claim that upon receiving the permit from the Department of

Public Health they expended large sums of money and committed themselves

to a substantial construction loan and began development in reliance thereupon.

We find LibertyTs hardship to be self imposed. There is no evidence

in the record to show that Liberty made any attempt to ascertain the possibility

of receiving an Agency permit prior to making its expenditures and commit-

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ments. They did not even apply for an Agency permit until June 23, 1972.

If they would have applied earlier they could have i~eceiveda reply prior to

suffering any further loss. Furthermore we cannot see how Liberty~s

receiving a permit from the Department of Public Health was ~any indication

that they would also be receiving a permit from the Agency. We have long

ago held that site preparatory work itself is not a sufficient ground for

permitting occupancy in the face of certain increased pollutional effects.

See Wachta and Mota

v.

EPA, 71-77, July 12, 1971, 2PCB117; also Pyramid

Mobile Estates, Inc. v. EPA, 71-154, September 16, 1971. For these reasons

we must deny the request for a variance. However, we will grant a variance

for one sewer connection so that a watchman1s trailer may be installed so as

to protect against vandalism.

This opinion constitutes the BoardTs findings of fact arid conclusions of

law.

ORDER

The request for variance is denied with the exception of one sewer

connection for the purpose of a watchmants trailer.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,

hereby certify the above Opinion ~nd Order were adopted on the

,~ ~ ~“

day of

November, 1972 by a vote of

~

e

Illinois Pollution

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