ILLINOIS POLLUTION CONTROL BOARD
January 10, 1974
ERNEST H. LIDSTROM,
Petitioner,
v.
)
PCB 73—434
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
Ernest H. Lidstrom appeared pro se
Lee A. Campbell,
Assistant
Attorney General for the EPA
OPINION AND ORDER OF THE BOARD (by Mr. Henss)
Petitioner Ernest H. Lidstrom seeks variance from Order
No. 7 of League of Women Voters vs. North Shore Sanitary District,
PCB
70-7, 12, 13 and 14 in order to permit sewer connections on
13 unimproved lots in Gurnee, Illinois. The lots are located on
Harper Avenue between Ferndale and Delaney Roads. The proposed
connections would he tributary to the Sanitary District’s Clavey
Road Sewage Treatment Plant.
Petitioner, a full—time contractor and housebuilder, began
purchasing the lots in 1964 and finally acauired 23 lots. Following
the installation of water service in 1965 and sewer extensions in
1967, Petitioner began construction of single family dwellings. A
total of 7 houses have been comple~edwith another nearing com-
pletion. Four of the houses were built prior to our sewer con-
nection ban of March 31, 1971. Petitioner obtained permits for
the other three houses when additional permits were made available
by our Order in PCB 71-343 (Jan. 13, 1972)
.
Petitioner has completed
the foundation and backfill on the eighth dwelling but has been
refused further financing by the Deerfield Savings and Loan Associ-
ation (Petitioner Exhibit No. 8)
.
Deerfield Savings and Loan
advised Petitioner on November 5, 1973 that his application for
construction funds was being held pending receipt of a sewer permit.
Lidstroin builds two or three quality houses annually. The
quality of the houses was verified by Robert Trigg, Administrator
for the Village of Gurnee (R. 34). Petitioner has about $95,000
invested in the entire project——$65.000 in lot purchases, sewer
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water service, taxes and $30,000 in equipment and materials.
About $19,000 of this cost relates to lots other than the 13
for which the variance is sought. Lidstrom testified that he
will lose a significant portion of the remaining $76,000 if he
cannot obtain sewer permits for the 13 lots. He states that
the investment represents his “entire cash” over the last 10
years.
The Lake County Health Department has been “extremely
adamant” in opposing the installation of septic tanks CR. 30).
Robert Trigg testified that the Village of Gurnee also would
not encourage the installation of septic tanks. Trigg added
that a Village ordinance on septic tanks required the use of
two lots (one for the septic tank and one for the dwelling)
when a septic system was installed (R. 36)
.
Therefore, sewer
connection is the practical answer for Lidstrorn.
The EPA recommended denial of this variance. The Agency
concluded from the fact that Lidstrom waited 5 years to begin
construction that Petitioner’s hardship was self—imposed. Lidstrom
claimed that he could have obtained sewer permits for all 16 lots
at the time he obtained the 3 permits. He testified that he chose
not to do so because of his building schedule and because he did
not want to be greedy CR. 8)
Petitioner appears to have adhered to his initial building
schedule and testimony indicated that he did not plan to speed
up the schedule even if permits were available. At the rate of
two houses per year it would be expected that the next dwelling
would be completed about mid-1974.
In a related matter, the Board has today accepted a Stipu-
lation submitted jointly by all parties involved in PCB 73-134,
North Shore Sanitary District vs. EPA. Part 8 of the Stipulation
calls for the issuance of 2,000 permits (8,000 P.E.) authori2.ing
sewer connections to the Clavey Road plant. One of the conditions
involved in issuinq these permits would be that actual connection
be delayed until July 1, 1974. Coincidentally this is about the
time that Lidstrom would actually need the connection for the
first o~his planned 13 dwellinqs.
We believe the record supports Petitioner’s claim that com-
pliance with the sewer ban order would cause an arbitrary and
unreasonable hardship. Substantial improvements at the Clavey
Road plant have already been made and additional sewer connections
will be acceptable. Lid~~tromwill be able to fulfill his re—
quirements from the allotment of 2,000 sewer connections which
is being authorized today.
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626
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We could dismiss the variance petition as moot but that
would apparently not solve Lidstrom’s problem with financing.
We will, therefore, grant the variance but specify that the
sewer permits shall come from those 2,000 authorized by our
Order in PCB 73-134.
ORDER
It is the Order of the Board that Ernest H. Lidstrom be
granted variance from Order No. 7 of League of Women Voters vs.
North Shore Sanitary District, PCB 70—7, 12, 13 and 14 in order
that he may secure sewer connection permits for 13 unimproved
lots in Gurnee, Illinois. Petitioner’s 13 sewer permits shall
he a part of the 2,000 permits allotted by our Order adonted
this date in PCB 73-134. Petitioner shall not make actual
connection to the sewer system prior to July 1, 1974.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Opinion and Order was ~opted
this /~1 day of
__________,
1974 by a vote of ~ to
~..)
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