ILLINOIS POLLUTION CONTROL BOARD
January 10, 1974
HRISHIKESK CHODURY,
Petitioner,
vs.
)
PCB 73—440
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD (by Mr. Seaman):
On October 17, 1973, Petitioner, Hrishikesk Chodury,
a resident of ~aukegan, Illinois, filed his Petition for
Variance, requesting relief from Order #7 of League of
Women Voters v. North Shore Sanitary District, PCB 70-7,
12, 13 and 14, to allow a future sewer connection to a
presently unimproved lot located on Woodlawn Avenue (no
street number indicated) in Gurnee, Lake County, Illinois.
The proposed connection would be tributary to
the
Clavey
Road sewage treatment plant of the North Shore Sanitary
District.
The Board adopted an Order in this matter on
October 25, 1973, deeming the Petition inadequate and
requesting that Petitioner provide the cost of the land
purchased and the reason why satisfactory property could
not be purchased elsewhere. Petitioner’s reply, received
on November 20, 1973, indicated that the subject land was
purchased for $6,000.00, and that the reason Petitioner
purchased the particular prcperty was that it is close to
his work and that it is suitable for building immediately
because electricity, gas and sewer lines are adjacent
thereto. Petitioner’s situation appears similar to every
other owner of undeveloped property in the area of the
sewer ban. In addition, he has not indicated the status
of his present living conditions nor has he discussed the
feasibility of other sewage disposal or treatment alternatives.
From the petition for variance, it is evident that
construction has not commenced on the proposed dwelling.
The Board has repeatedly held that mere purchase of property,
absent other extenuating circumstances, does not constitute
sufficient arbitrary and unreasonable hardship to justify
the grant of a variance. (See e.g. Robert Monyek v.
10—629
—2—
Environmental Protection Agency, PCB 71-80; Robert C.
Wagon v. Environmental Protection Agency, P03 71-85;
Bruno Feige v. Environmental Protection Agency, PCB 71—192.)
Further, Petitioner’s attention is directed to
North Shore Sanitary District v. Environmental Protection
Agency (PCB 73—134)
,
decided on January 10, 1974, wherein we
granted the District permission to issue 2,000 permits
(8000 P.E.) authorizing connection to its Clavey Road Plant,
subject to certain conditions.
Petitioner’s cause, therefore, has become moot,
since the basis of his Petition is that permits for sewer
connections are unavailable. Petitioner is urged to file
with the North Shore Sanitary District application for
permit to connect as soon as possible.
~1e note that PCB 73-134 would not foreclose a
petitioner from requesting a variance to complete connection
prior to July 1, 1974, based on a showing of hardship and
urgency, since our Order in PCB 73-134 specifically states
that connections permitted thereunder shall not be made
prior to July 1, 1974.
This Opinion constitutes the findings of fact and
conclusions of law of the Board.
ORDER
IT IS THE ORDER of the Pollution Control Board that
the Petition for Variance of Hrishikesk Chodury be denied
without prejudice.
IT IS SO ORDERED.
Mr. Henss was not present.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, certify that the above Opinion and Order was
adopted on this
/
day of
~, -
,
1974 by
a vote of y
C
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630