ILLINOIS POLLIJTION

CONTROL

BOARD

October 17,

1972

:OEN

S.

WINEMAN

et al.

v.

)

4

72—310

ENVIRONMENTAL

PROTECTION AGENCY

Opinion

& Order of the Board

(by

Mr.

Currie):

Mr.

& Mrs. Wineman seek permission to connect a new

hor~eto a Highland Park sewer tributary to the overloaded

Cary Avenue treatment plant, despite our order forbidding

such connections.

League of Women Voters v. North

Shore

Sani-

tarv

District,

#70-7,

1

PCB

369

(March 31, 1971),

Construction

had

not begun at the time the ban was imposed, nor is it

alleged

it has begun now.

The hardships asserted are those

associated with the present inability to make productive use

of

a lot and architectural plans purchased for deferred use

before

the

ban was imposed.

We have repeatedly held that

such allegations,

if proved, are insufficient to justify

the additional po1lution~thatnew connections would bring

about.

See,

e.g.,

Monyek

V.

EPA,

#71-80,

2 PCB 125 (July

19,

1971).

The

further

allegation

that

the

proposed

home

would replace one that was razed in 1963 carries little weight.

We have held the ban does not apply when a new building re-

places one that was contributing wastes to the system on the

date of the ban,

since there is no net increase in load.

State National Bank of Evanston v.

EPA,

472-176,

4 PCB

499

(May 10, 1972).

This reasoning

is obviously inapplicable

to

a house torn down in 1963,

for its replacement increases

the load beyond what it was at the date of

the 1971 ban.

Even

if

all the factual allegations of the petition were

proved,

we

could not grant the variance.

The petition is

therefore dismissed.

PCB Regs.,

Ch.

1,

Rule 405(b) (1).

I,

Christan

Moffett,

Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion

&

O,,çder

thi~/,~

day of October,

1972, by

a vote of

~

~

~

/2~~

5

—

709