ILLINOIS POLLUTION CONTROL BOARD

November 14, 1972

HENRY BERAN

v.

)

#72—399

ENVIRONMENTAL PROTECTION AGENCY

Opinion

&

Order of the Board (by Mr. Currie)

Mr. Beran petitions for permission to connect a new

home to a public water supply operated by McHenry Shores

Water Co. despite our order of June 29, 1972. McHenry

Shores Water Co. v. EPA, #72-137, 4 PCB 745, in which,

without forbidding such connections, we noted that they

would exacerbate existing inadequacies of the system in

violation of the regulations. The Agency recommends a

grant on the basis of precedents allowing connections in

similar cases because of the hardships that would be caused

by inability to connect in view of construction having

been commenced in good faith prior to imposition of any

ban on connections, e.g., Wachta v. EPA, #71—77, 2 PCB 117

(July 12, 1971)

,

and because the connection of this one

home will cause “only a minimal decrease in water presure.”

We

agree, and the variance is hereby granted.

We note that our order granting a limited and con-

ditional variance required the McHenry Shores Water Co.

among other things to submit by July 15, 1972 a program

for compliance in the shortest practicable time, Our re-

cords indicate that, somewhat tardily, a program of improve-

ments was filed and given EPA approval but with no time

schedule and no request for extension of the variance.

Expiration of the variance, or failure to meet the conditions

of the variance, if such is the case, leaves the company

open to prosecution for violations of the Act or regulations,

and we urge the Agency to take such steps as may be appro-

priate to bring about compliance in the shortest possible

time.

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

certify that the Board adopted the above Opinion

&

Order

of t~e Board this 14th day of November, 1972 by a vote

of

-O

.

6

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