ILLINOIS POLLUTION CONTROL BOARD

February 27, 1973

EDWARD HANSON and

LEE ROY McDONALD

#72—478

V.

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

Petition was filed by Edward Hanson and Lee Roy McDonald,

seeking variance from the sewer ban order entered in League of

Women Voters v. North Shore Sanitary District, ##70-7, 12, 13

and 14, in order to enable connection of 2 single-family resi-

dences to the facilities tributary to the Clavey Road sewage

treatment plant of the North Shore Sanitary District.

Additions have been made in the Clavey Road plant presently

in the process of upgrading and expansion, which have improved

its effluent and enabled the granting of a limited number of

connection permits by comprehensive variance.

See North Shore

Sanitary District v. Environmental Protection Agency, #71-343

(January 31, 1971) and North Shore Sanitary District v. Environ-

mental Protection Agency, #71—343 (March 2, 1972); North Shore

Sanitary District v. Environmental Protection Agency, #72-451

(February 14, 1973). However, the permits authorized by this

variance have already been granted. Any further connections

to Clavey Road must be individual variance requests as in the

present case.

Petitioners presently use septic tanks which are in a satur-

ated area and not operating satisfactorily. Severe health hazards

and nuisances are likely to occur if this condition remains un-

abated. The burden on the community in allowing the requested

sewer tie-in is less than that caused by continuation of the

present unsatisfactory septic tank situation. This view is con-

firmed by letter from the Lake County Health Department.

We will grant the variance as requested, permitting the tie-

in by petitioners to the Clavey Road sewers tributary to the Clavey

Road sewage treatment plant. See Bartell v. Environmental Protec-

tion Agency.~ #72-382 (October 17, 1972) 5 PCB

,

Winsor v.

Environmental Protection Agency, #71-334 (November 23, 1971)

3 PCB 174A.

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159

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This opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board that petitioners

each be allowed to connect their single—family residences to sewer

facilities tributary to the Clavey Road sewage treatment plant.

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

certify that the above Opinion and Order was adopted on the ~

day of February, 1973, by a vote of

$

to ô

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