ILLINOIS POLLUTION CONTROL BOARD
    April
    27, 1989
    JOHN N. METROPtJLOS, JR.,
    )
    )
    Petitioner,
    v.
    )
    PCB 89—63
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF
    THE
    BOARD (by 3. Anderson):
    On April 12, 1989, John N. Metropulos, Jr. and Martha G.
    Metropulos filed a petition for variance for their property
    located in the Village of Lake Zurich. The Metropuloses
    submitted a filing fee on April 17, 1989. The petition is
    deficient in that it fails to include much of the information
    required for variance petitions (see 35 Ill. Adm. Code
    104.121). The deficiencies include:
    1) Since the Village of Lake Zurich is the owner/operator
    of the sewage treatment plant to which the Metropulos’
    seek permission to connect, the Board finds that the
    Village is a necessary party to this proceeding. The
    Village must be joined either as a petitioner (if it
    supports the petition) or a respondent (if it opposes
    the petition). In either event, the Village must be
    served with a copy of the petition pursuant to 35 Ill.
    Adm. Code 103.123, and the petition must contain proof
    that the Village has been so served. The Board notes
    that much of the information required for petitioner’s
    restricted status relief concerns the sewage treatment
    plant;
    2) A clear and complete statement of the precise extent of
    the relief sought, including specific identification of
    the particular provisions of the regulations from which
    the variance is sought;
    3) Data describing the nature and extent of the present
    failure of the sewage treatment plant to meet or
    maintain
    compliance with the numerical standards or
    particular provisions of the Board’s regulations and a
    factual statement why compliance with the Act and
    regulations was not or cannot be achieved;
    98—289
    —2—
    4) A detailed description of the existing and proposed
    equipment or proposed method of control to be undertaken
    by the sewage treatment plant to achieve full compliance
    with the Act and regulations, including a time schedule
    for the implementation of all phases of the control
    program from initiation of design to program completion
    and the estimated costs involved for each phase and the
    total cost to achieve compliance;
    5) An assessment, with supporting factual information, of
    the environmental impact that the variance will impose
    on human, plant and animal life in the affected area,
    including data describing the existing water quality
    which the discharge may affect;
    6) A statement of the measures to be undertaken by the
    sewage treatment plant to minimize the impact of the
    discharge of contaminants on human, plant and animal
    life in the affected area, including the numerical
    interim discharge limitations which can be achieved
    during the period of the variance;
    7) A concise factual statement of the reasons the
    petitioner believes that compliance with the particular
    provisions of the regulations would impose an arbitrary
    or unreasonable hardship; for example, what would be the
    arbitrary or unreasonable nature of the economic
    hardship if the petitioner were to delay the sale of the
    property until the sewage treatment plant came into
    compliance? Or to what extent, if any, would there be
    an arbitrary or unreasonable hardship if the petitioners
    were to sell the property without a variance from
    restricted status?
    8) A statement indicating consistency with federal law as
    required by 35 Ill. Adm. Code 104.122;
    9) A statement on whether or not a hearing on the petition
    is desired by petitioner, or, in the alternative, a
    statement waiving a hearing accompanied by such affi-
    davits or other proof in support of the material facts
    alleged in the petition as the petitioner may submit,
    sufficient to enable the Board, if it so decides, to
    rule upon the petition without a hearing; and
    10) Information regarding the consent decree, plus a copy
    thereof, prepared by the Illinois Environmental
    Protection Agency (“Agency”) and forwarded to the
    Village of Lake Zurich, as mentioned in paragraph 3 of
    the petition.
    98—290
    —3—
    Since the Board received the filing fee from the Metropulos’
    on April 17, 1989, the statutory time periods for action required
    by the Agency and the Board begin running on that date. However,
    that statutory time period will restart upon the date of the
    Metropulos’ filing an amended petition.
    Unless an amended petition is filed within 45 days of the
    date of this Order, curing the above—noted defects, this matter
    will be subject to dismissal.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the ~7~day
    of
    ~L- ~.
    ,
    1989, by a vote of 70
    Ill
    ution Control Board
    98—291

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