ILLINOIS POLLUTION CONTROL BOARD
    January 24, 1974
    JOSEPH ARIANO
    v.
    )
    PCB 73—380
    ENVIRONMENTAL PROTECTION AGENCY )
    OPINION AND ORDER OF THE BOARD (by Dr. Odell)
    This is a petition for variance from the Order of this
    Board set down in League of Women Voters of Illinois v. North
    Shore Sanitary District #70—7, #70—12, #70—13, *70—14; 1 PCB 369
    (March 31, 1971) (hereinafter called League). In that case, we
    banned new sewer connections to facilities of the North Shore
    Sanitary District “until Lthe District can demonstrate to the
    Board that it can adequately treat the waste from
    . . .
    new
    sources so as not to violate the Environmental Protection Act
    League at 396.
    Petitioner is a general contractor in the City of Highland
    Park, engaged in the business of buying single family residential
    lots and building homes on them. Petitioner is 68 years old and
    builds two or three homes a year for immediate resale. Petitioner
    purchased the lot in question in 1970 and has attempted, unsuccess-
    fully, to obtain a building permit from the Building Department
    of the City of Highland Park in 1971 (Exhibit A) and a sewer
    connection
    permit
    from the North Shore Sanitary District in 1972
    (Exhibit C). Petitioner desires to build a single—family dwelling
    on this lot and wants to connect into the existing public sanitary
    sewer on Pleasant Avenue. The Pleasant Avenue sanitary sewer flows
    into the treatment plant at Carey Avenue. At the present time,
    the lot is still vacant. Petitioner contends that he has $9,000.00
    invested in this lot.
    On November 14, 1973, the Illinois Pollution Control Board
    (hereinafter Board) received from the Environmental Protection
    Agency (hereinafter Agency) a Recommendation that this petition
    for variance be denied, and that “Petitioner should wait (to
    build) till the Clavey Road plant can adequately handle the
    wastes diverted from the Carey Avenue plant.”
    On November 1, 1973, the Environmental Protection Agency
    filed a status report with this Board concerning various treat-
    ment plants of the North Shore Sanitary District. This report
    indicates that:
    11-35
    —2—
    1. Dry weather flows from Carey Avenue will be diverted
    to Clavey Road during November, 1973. Total flows from Carey
    Avenue are to be pumped to Clavey Road by July 1, 1974. Com-
    plete secondary treatment (18 MGD) is expected to be implemented
    at Clavey Road by
    March
    1, 1974.
    2. During the last three months of operation for which
    data are available, Clavey Road has functioned within prescribed
    specifications of no more than 20 mg/l SOD5 and 25 mg/i total
    suspended solids, as listed below:
    Clavey Road
    Flow (MGD)
    SOD (mg/i)
    TSS (mg/i)
    September, 1973
    6.72
    7
    18
    August
    6.33
    11
    13
    July
    6.34
    19
    23
    June
    7.64
    23
    20
    May
    8.19
    30
    31
    April
    10.31
    28
    22
    March
    9.21
    35
    21
    February
    6.87
    33
    20
    January
    7.56
    18
    17
    December, 1972
    7.30
    21
    12
    November
    7.63
    35
    13
    October
    7.89
    30
    16
    Average
    7.67
    24
    19
    As a result of a Stipulation in North Shore Sanitary District
    v. Environmental Protection Agency, PCB 73—134, the Board granted
    authority to the North Shore Sanitary District on January 10,
    1974, to issue 2,000 permits (8,000 P.E.) to connect to sewers
    tributary to the Clavey Road Plant under several conditions, in-
    cluding that “No such permit shall authorize a connection to the
    system of the North Shore Sanitary District until July 1, 1974.”
    In the light of information presented by the Petitioner, the
    increasing capacity and improving performance of the Clavey Road
    Plant, and the January 10, 1974, Order in NSSD v. EPA,PCB 73-134,
    the Board will grant Petitioner’s request for a variance so that
    he can construct a home on the subject lot by July 1, 1974, and
    have it ready for a sewer connection on or after that date.
    This Opinion constitutes the findings of facts and con-
    clusions of law of the Board.
    ORDER
    The Illinois Pollution Control Board hereby grants Joseph
    Ariano a variance from Order 7 of League of Women Voters v.
    North Shore Sanitary District, PCB 70—7, -12, -13, and —14, to
    11
    —
    36
    —3—
    allow a sewer connection for his Lot 27, Block 2, First
    Addition in Ravina Highlands, Highland Park, Illinois, under
    the following conditions:
    1. That the sewer connection to the system of the
    North Shore Sanitary District shall not be made
    until on or after July 1, 1974.
    2. That the population equivalent in Petitioner’s
    permit shall be subtracted from the total
    population equivalent authorized in our Order
    of January 10, 1974, in NSSD v. EPA, PCB 73-134.
    I, Christan L. Moffett, Clerk of the Pollution Control Board,
    hereby certify that the above Opinion and Order was adopted on
    the 24th day of January, 1974, by a vote of
    _____
    to ~
    11—37

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