ILLINOIS POLLUTION CONTROL BOARD

May 3, 1973

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WALTER JEDRYSZEK

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v.

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PCB 73-93

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ENVIRONMENTAL PROTECTION AGENCY

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OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)

Petition was received by the Board on March 6, 1973 asking that

relief be given from the sewer connection ban to permit the petitioner,

Mr. Walter Jedryszek, to connect his home at 3848 University in

Gurnee to the sewer system.

The petition alleges that his septic system is backing up due

to its age and to unseasonable weather (presumably excessive rain-

fall).

No hearing was held on this matter. The Agency recommendation

was received by the Board on April 3, 1973 and recommends denial or

dismissal of the petition as being inadequate under the Board’s

Procedural REgulation 401(a).

The Agency’s recommendation was not filed within 21 days and thus

its request for denial does not mandate a hearing. The Procedural

Rules section quoted (401(a)) requires a clear delineation of hard-

ship and relief sought.

The Board believes that the allegation of a septic system

“now constantly backing up” and “flooding” is a clear enough state-

ment. One does not have to cite the accompanying dangers of hepatitis

and polio infection to make a case of hardship. The Agency does not

state whether it observed the situation at the petitioner’s home and

we thus have an allegation on one side and no verification or contrary

fact on the other.

The Board has consistently opted to replace septic tanks with

connections to public sewer systems whenever circumstances seem to

require this. We are disappointed not to have the Agency’s field

report and accept the petitioner’s statement.

The variance is granted.

IT IS SO ORDERED.

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I, Christan L. Moffett, Clerk of the Illinois Pollution Control

hereby certify the above Opinion and Order were adopted on the

.3”

day of May, 1973 by a vote of

____________________________

~Kristan L. Moffett, ~

Illinois Pollution Côli’t’rol Board

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