ILLINOIS POLLUTION CONTROL BOARD

May 10,1972

JESSE AND JOSIE STARKS

v.

)

#

72—157

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order

of the Board

(by Mr. Currie):

Mr.

and

Mrs.

Starks seek to connect

a single-family

home

to

a sewer

in the North Shore Sanitary District

(see

League of Women Voters

v.

EPA,

#70-7, March

31,

1972).

In

past cases such as this one

(because of low income the petitioners

qualify for

a subsidized mortgage under

the National Housing

Act,

and

they are forced to live apart because unable to

secure

a suitable apartment). we have allowed new connections

to overloaded treatment plants because the hardship of denial

would greatly outweigh the pollution

a variance would cause.

E.g., McWilliams v.

EPA,

#71—112

(August 13,

1971).

In the

present case this result is further strengthened by the Agency’s

observation

that the North Chicago plant,

to which this home

will discharge,

is producing an effluent of

8 mg/l BOD and

14

mg/l suspended solids, which is therefore in compliance with

presently applicable regulations

(SWB-7).

While

we do not know

what effect substantial additional connections would have

on that effluent, while the present record tells us nothing

about possible wet-weather overflow conditions, and while

future improvements

(to

4 and

5 mg/l respectively)

are required

(see PCB Regs.,

Ch.

3), we are convinced that

to allow

connection inthis hardship case involving

a single family

will not significantly increase pollution.

The variance

is hereby granted.

I, Christan Moffett, Clerk of

the Pollution Control Board, c~tify

that the Board adopted the above Opinion and Order

this

/ó

~

day of May,

1972 by

a vote of

~