ILLINOIS POLLUTION CONTROL BOARD
    September 26, 1973
    JOHN W. LEWIS,
    Petitioner,
    PCB 72—341
    vs.
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    R. Gerald Barns, on behalf of Petitioner;
    Larry R. Eaton, Assistant Attorney General, on behalf of
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Seaman)
    On August 15, 1972, Petitioner, John W. Lewis (succeeded
    by r4ichael J. Howlett) Secretary of State, State of
    Illinois, filed its Petition for Variance requesting
    permission to connect a new warehouse and motor vehicle
    license plate facility to the main sewage treatment plant
    of the Springfield Sanitary District. A public hearing
    was held on this cause on July 5, 1973.
    Petitioner began construction of its facility on or
    about February 1, 1972. Previous thereto, Petitionervs
    architects discussed the plans for the facility with
    representatives of the Springfield Sanitary District and
    no mention was made of the possibility that a permit would
    not be issued for sewer connection. On this point, the
    Agency states, in its Recommendation, that construction
    was begun well before Petitioner had any reason to believe
    it would encounter any problems with sewage disposal.
    On May 12, 1972, Petitioner~splumbing subcontractor
    made proper application at the Springfield Sanitary District
    for the necessary permits to extend and connect the sewers.
    The District denied the application because the Agency
    had declared the treatment facilities of the District to he
    in
    a critical state. To date, the ban remains in effect.
    Due to delays in construction,
    the tentative date for
    completion of Petitioner1s facility is December
    15, 1973.
    The Agency estimates that Springfieldts new sewage treatment
    plant will be on line in the very near future and, further,
    that the ban will, in all probability, be lifted before
    December 15, 1973.
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    325
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    It is the Agency’s position that, as a matter of
    practical fact, no variation will be needed because
    a permit to operate should be obtainable prior to the
    projected date of occupancy. However, it is the Agency’s
    recommendation that, should an operating permit be
    unobtainable for some limited period of time beyond the
    date of occupancy, a variance should be granted to cover
    that limited period on condition that Petitioner exercise
    all diligence to obtain an operating permit at that
    point in time when the ban is lifted (R-13). We approve
    this recommendation.
    The Springfield Sanitary District’s new East Side
    Sewage Treatment Plant will be operational in the near
    future. At that time there will be adequate sewage treatment
    capacity for the City of Springfield, including foreseeable
    construction, and definitely including Petitioner’s facility.
    Petitioner’s facility would increase the overload at the
    Springfield ~Main Sewage Treatment Plant only temporarily,
    if at all. Further, as noted above, Petitioner began
    construction of its facility before the ban was imposed.
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board.
    ORDER
    IT IS THE ORDER of the Pollution Control Board that
    Petitioner be granted variance from the Environmental
    Protection Agency sewer ban to connect and operate at
    the subject facility.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, certify that the above Opinion and Order
    was adopted by the Board on the~(~’*~ day of
    _____________
    1973, by a vote of
    .~
    to ~
    9
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    326

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