ILLINOIS POLLUTION CONTROL BOARD

February 27, 1973

THOMAS H. STONE and

DONNA M. STONE, his wife

#72—499

ENVIRONMENTAL PROTECTION AGENCY

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

Petition for variance was filed by Thomas H. Stone and Donna M.

Stone, his wife, seeking a variance from our Sewer Ban Order entered

in League of Women Voters, et al v. North Shore Sanitary District,

#70—7,12,13 and 14, 1 PCB 369 (March 31, 1971), to enable connection

of a single-family home located on Cedar Avenue in Highland Park to

facilities tributary to the Cary Avenue sewage treatment plant of

the North Shore Sanitary District.

On May 9, 1972, apparently under the mistaken impression that

petitioners’ property would be serviced by the Clavey Road plant for

which a comprehensive variance had been granted, See North Shore

Sanitary District 

v.

Environmental Protection Agency, #71-343, 3 PCB

54l(January 31r 1972) and 3 PCB 697 (March 2, 1972), the North Shore

Sanitary District notified petitioners that a sewer connection permit

had been approved by both the District and the Environmental Protection

Agency. In reliance on the ability to connect their home to facilities

of the District, construction was commenced and the home was approxi-

mately one-half completed.

On November 15, 1972, petitioners were notified by the District

that the sewer connection permit had been revoked because the sewer

to which petitioner would connect was tributary to the Cary Avenue

plant, to which no connections were permitted without variance, and

not the Clavey Road plant as originally believed.

Petitioners allege that they have expended approximately 

$58,000

for work performed between the receipt of the permit and its revocation

and that without a sewer connection permit no certificate of occupancy

will be issued after the structure has been completed. Petitioner

contends that the misunderstanding was not a consequence of any mis-

representation on their part and that they acted in good faith in

reliance on the permits authorized by both the North Shore Sanitary

District and the Environmental Protection Agency.

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Because the Board felt that it was virtually inconceivable

that the District did not know what portions of Highland Park were

serviced by its various facilities, we originally set the matter for

hearing so that the circumstances of this situation would be made

known. Both the Environmental Protection Agency and the Respondent

petitioned that the matter be resolved without a hearing and the

petition to dispense with hearing was continued to today pending

receipt of submissions from the Agency and the District clarifying

the circumstances under which the permit was improperly issued. We

have received a letter from the North Shore Sanitary District over

the signature of H. William Byers, its General Manager, indicating

that the permit was issued in error due to his misreading of the

sewer maps. A communication from the Environmental Protection Agency

indicates that its action in authorization was premised upon the

District’s prior approval.

In consideration of all of the facts, we are satisfied that the

error was inadvertent and not a consequence of any fault on the

part of petitioners. It is indisputable that they will suffer severe

hardship if they are prevented from connecting their home to sewer

facilities tributary to the Cary Avenue plant. Since the filing of this

petition, we have also been advised that improvements have been made

at Cary that will justify treatment of a small additional population

equivalent. See John S. Wineman, et al v. Environmental Protection

Agency, #72—310, 5 PCB 709 (October 17, 1972).

It is manifest that the hardship on the petitioners in being denied

a sewer connection permit is substantially greater than any hardship

on the community which would result from this additional sewer load.

The Agency has recommended that the variance be granted and we will so

order. See John W. Bender v. Environmental Protection Agency, #72-324,

5 PCB 591 (October 3, 1972).

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,

Thomas H. Stone and Donna M. Stone, be granted a variance from our

sewer connection ban order entered in League of Women Voters v. North

Shore Sanitary District, ##70—7, 12, 1~~nd14 on March 31, 1971, to

enable connection of p~itioners’ single—family home west of and ad-

joining 320 Cedar Avenue, Highland Park, Illinois, to facilities

tributary to the Cary Avenue plant of the North Shore Sanitary District.

Christan Moffett, Clerk of the Illinois Pollution Control Bo~rd,

certify that the above Opinion and Order was entered on the

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day of February, 1973, by a vote of

to 0

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164