ILLINOIS POLLUTION CONTROL BOARD
    December 6, 1973
    IN THE MATTER OF:
    THE PETITION FOR VARIANCE OF
    )
    PCB 73-389
    HAROLD 0. OGGEL
    OPINION AND ORDER OF THE BOARD (by Dr. Odell)
    Mr. Harold P. Oggel, filed a petition for a sewer
    variance, which was received by the Illinois Pollution Control
    Board (hereinafter Board) on September 11, 1973. The Petitioner
    requests a variance from Order 7 of League of Women Voters v.
    North Shore Sanitary District, PCB 70—7, 70—12, 70—13, and 70—14;
    1 PCB 369, 396, to allow a future sewer connection to a presently
    unimproved lot on the east side of the 1400 block of Forest
    Avenue in Highland Park, Illinois. The lot is zoned for a single-
    family dwelling.
    The Petitioner has owned this lot 23 years, and has retained
    it as an asset to be used during his retirement.
    He
    has retired
    from high school teaching and iiidicates that he “sorely” needs
    to make use of this asset soon. Petitioner alleges that “several
    enthusiastic purchasers were turned off because of the sewer
    connection ban,” according to his real estate broker. Petitioner
    apparently believes that if a variance is granted, the value of
    his vacant lot would be increased.
    On October 25, 1973, the Board received from the Environmentai
    Protection Agency (hereinafter Agency) a Recommendation concerning
    the variance request by the Petitioner. The proposed sewer
    connection would be tributary to the Ravine Drive sewage treatment
    plant, which is owned and operated by the North Shore Sanitary
    District (NSSD). This facility is a 0.9 MGD primary plant
    dis-
    charging chlorinated effluent into Lake Michigan. Data in the
    Agency Recommendation and in a report of October 31, 1973, “Con-
    cerning The Present Status Of The North Shore Sanitary District”
    from the Acting Director of the Agency, include the following
    information concerning the performance of the Ravine Drive plant
    from February through September 1973:
    10
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    265
    —2—
    Month
    Average
    Average
    Average
    during 1973
    flow (MGD)
    BOD (mg/l)
    TSS (mg/l)
    September
    0.48
    37
    263
    August
    0.36
    15
    109
    July
    0.41
    42
    174
    June
    0.49
    62
    162
    May
    0.58
    73
    108
    April
    0.84
    35
    101
    March
    0.82
    23
    52
    February
    0.44
    45
    53
    The above data indicate that the Ravine Drive plant consistently
    discharges an effluent greatly in excess of the 20 mg/l BOD and
    25 mg/i total suspended solids standard of Rule 404(b) in
    Chapter 3.
    The Agency report of October 31, 1973, “Concerning The
    Present Status Of The North Shore Sanitary District” states that
    dry weather flows from the Ravine Drive plant will be diverted
    to the improved Clavey Road plant “upon completion of secondary
    facilities and construction of the interceptor (February 1, 1974).
    Total flows are to be pumped to Clavey by July 1, 1974.”
    Variances from the Order 7 sewer ban of League of Women
    Voters v. North Shore Sanitary District, PCB 70—7, 70—12, 70-13,
    and 70—14 have only been granted on a showing of extreme hardship
    or extremely unfavorable living conditions with no viable alter-
    native solution, Lawler v. EPA, PCB 71-209. The Petitioner has
    failed to show an arbitrary
    6~i
    unreasonable hardship which, accord-
    ing to Section 35 of the Environmental Protection Act, is a
    necessary condition which must be proven before the Board may
    grant a variance. Petitioner’s situation is similar to many other
    persons who own vacant lots that are zoned for single—family dwell-
    ings in areas affected by the sewer ban.
    Since the Petitioner’s hardship is not shown to be arbitrary
    or unreasonable and a sewer from his lot would be served by the
    Ravine Drive sewage treatment plant, which is consistently
    functioning below acceptable standards, this petition for a
    variance should be denied. However, after the Ravine Drive plant
    materials are diverted to the Clavey Road plant, the Petitioner
    may be able to obtain a sewer connection permit without a variance
    if the performance of the improved Clavey plant with increased
    loading continues as well as it has been since July 1973.
    Since we deny this variance, we need not decide in this case
    the issue raised in the Agency Recommendation as to whether a sewer
    ban variance accompanies the land when the Petitioner plans to sell
    the land without a home on it.
    10
    —
    266
    —3—
    ORDER
    It is the Order of the Pollution Control Board that the
    Petitioner’s request for a variance is denied without prejudice.
    I, Christan L. Moffett, Clerk of the Pollution Control Board,
    certify that the above Opinon and Order was adopted by the
    Board on the
    4,~\
    day of
    ..~i
    ,
    1973, by a vote of
    4 top
    Christan L. Moffe~/Cierk
    ir)
    ~I4~
    Illinois Pollution ~ontrol Board
    10
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    267

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