ILLINOIS POLLUTION CONTROL BOARD

June

27,

1972

H. ARTHUR JUHREND et

aj.

V.

)

#

72—255

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD

(BY MR.

CURRIE)

The petition seeks permission

to replace existing sewer sources

in Lake Forest with new ones contributing about half

the original

gallonage.

The petition came about because the Agency allegedly has

taken the position that our decision

that certain replacements are

not banned

(State National Bank of Evanston v.

EPA,

#

72-176 May

10,

1972)

by our order of March

31,

1971

(League of Women Voters v. North

Shore Sanitary District,

# 70-7)

applies only to the Clavey Road and

Waukegan treatment plants.

That interpretation is erroneoUs;

the

policy of the Evanston case applies throughout the sewer ban area.

We do not determine whether or not

the present petition otherwise

qualifies,

since that decision is for the Agency on

the

first

instance.

Having removed the apparent obstacle, we dismiss the petition as

moot, without prejudice.

I, Christan Moffett, Clerk of

the Pollution Controj. Board, certify

that

the Board adopted the above Opinion this

~?7

‘~

day of

June,

1972, by

a vote of

~

p

.

4

—