ILLINOIS POLLUTION CONTROL BOARD
    December 6, 1973
    RUNE & WENCHE ERIKSSON
    PETITIONERS
    V.
    )
    PCB 73—459
    ENVIRONMENTAL PROTECTION AGENCY)
    RESPONDENT
    OPINION OF THE BOARD (by Mr. Marder)
    This cause, filed October 31, 1973,
    is
    to be heard on a petition
    for variance from Board Order #7, League of Women Voters v. North
    Shore Sanitary District, PCB 70—7, 12, 13, 14. Petitioners are re-
    questing a variance to allow a sewer connection for their residential
    property located at 1585 Willow Street, Lake Forest, Illinois. No
    hearing was held.
    The Board Order in this case was issued on Nov-
    ember 29, 1973~
    Petitioners
    allege that they are recent immigrants to the United
    States from
    Sweden. They further allege that they have been search-
    ing
    for a place to settle, and that they invested all of their funds
    in property located at 1585 Willow Street, Lake Forest, Lake County,
    Illinois, They received a mortgage to build a house
    on
    their prop-
    erty. They were told by their contractor that a sewer permit would
    be obtainable around October 1, 1973. Petitioners must vacate their
    rented home, put their furniture into storage, and move their child-
    ren
    out
    of
    their present school if a variance is not granted. A
    septic
    system permit has been obtained by Petitioners. They would
    have the cost of installing the septic system, and then when a permit
    was available, installing into the sewer system.
    Petitioners also allege that the septic system would cause irrep-
    arable harm to the wooded area on the
    property.
    Petitioners’
    mortgage payments on their home begin on December 1,
    1973, and if they were forced to live in a hotel,
    they would have a
    burdensome double payment for housing.
    10
    273
    The Agency opposes the granting of this variance, in
    the recommend-
    ation filed November 29, 1973.
    The Agency uses the same reasoning in
    this case as
    they
    did in Berkquist v. Environmental Protection Agency,
    PCB 73-412.
    The Agency alleges that until the Clavey Road treatment
    plant reaches its anticipated capacity of 18 HGD, no sewer permits
    should ~e granted.
    They fear that when the dry weather flow from the
    District’s
    lakefront plants is diverted to Ciavey, at a rate of 3 MGD,
    the Clavey plant will
    be
    forced to operate over its present rated cap-
    acity of 10 MGD.
    CLAVEY ROAD SEWAGE TREATMENT PLANT
    MONTHLY OPERATION REPORTS
    Month
    Avg. Flow (MGD)
    BOD (mg/i)
    SS (mg/i)
    Jan/73
    7.56
    18
    17
    Feb/73
    6.87
    33
    20
    Mar/73
    9.21
    35
    21
    Apr/73
    10.31
    28
    22
    i4ay/73
    8.19
    30
    31
    Jun/73
    7.64
    23
    20
    Jul/73
    6.34
    19
    23
    Aug/73
    6.33
    11
    13
    Sep/73
    6.72
    7
    18
    Oct/73
    (flow data omitted)
    12
    27
    Section 35 of the Environmental Protection Act allows the Board to
    grant a variance from one of its orders if the order imDoses an arbi-
    trary or unreasonable hardship.
    We feel that this is such a case.
    Tak-
    ing into consideration
    Petitioners’ financial plight along with the
    double living expenses and
    the schooling problems of their daughters,
    we feel that Petitioners have met their burden of proof, showing un-
    reasonable hardship under our Board Order #7, League of Women Voters
    v. North Shore Sanitary District, PCB 70—7, 12, 13, 14.
    This Opinion constitutes the findings of fact and conclusions of
    law of the Board.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control
    Board, hereby certify that the above opinion was
    adopted on the~’~’
    day of December, 1973 by a vote of
    i/—o
    MtanL.Moffe
    clerk
    Illinois Poilutio
    Control Board
    10— 274

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