ILLINOIS POLLUTION CONTROL BOARD

October 31, 1972

THOMAS

I. SIMPSON

# 72—368

CINNAMON CREEK ASSOCIATES

et al.

CINNAMON CREEK ASSOCIATES

)

4~

72-~-377

ENVIRONMENTAL PROTECTION AGENCY

Mr. Leo Sullivan III,

for Thomas

I. Simpson

Mr. Donald

T, Morrison,

for Cinnamon Creek Associates

Mr.

Richard W.

Cosby, Assistant Attorney General,

for the Environmental Protection Agency

Opinion of the Board

(by Mr. Currie):

The background

of

these eases was spelled out in de-

tail in our opinion of September

12,

1972

(5 PCB

),

i~fl

which

we refused

to grant relief from a sewer connection

ban without hearing.

The hearing has since been held,

and

on October

24 we granted the petition on condition that

adequate holding tanks were installed

to prevent overload-

ing the sewers,

and this opinion explains the reasons for

that decision.

The interim opinion indicated

the need for proof that

actual building construction commenced prior to the original

connection ban of March

3?,

1971; or that

the

petitioner

had justifiably relied upon the opinion of the North Shore

Sanitary District that

the ban was inapplicable

to those who

had preexisting permits;

or that the petitioner’s legitimate

expectations at the time the ban was imposed did not include

the subsequent designation of

the

sewer itself as inadequate;

or that

a stormwater retention pond would avoid any over-

flow of the sewer.

At the hearing, however, Cinnamon Creek

proposed to install holding tanks

to retain the sewage during

storm periods,

in order to release it to the sewers only when

they have adequate capacity.

We have held that such tanks,

upon appropriate proof of safety and adequacy, can justify

an otherwise impermissible connection.

Mars Development

6

—

123

---

—2—

Corporation v.

EPA,

#71—218,

2

PCB ~

(Oct.

26, 1971).

The present record is not complete enough to inform us as

to these details, and our order leaves it to the Agency

to determine that the tanks will be satisfactory to avoid

overloading the sewer and to protect against possible

odors, explosions,

or corrosion——all

issues the Agency

has raised in prior cases dealing with holding tanks.

The only relief sought in the companion citizen complaint

is the disconnection of the tap already made.

Whether to

order disconnection depends in part upon whether the Agency

finds the holding tanks satisfactory, and we shall with-

hold action pending the Agency’s decision.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion this

~

day of

~

,

1972, by a vote of

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b~~/)2

~

6—