ILLINOIS POLLUTION CONTROL BOARD

November

10,

1977

CRANE CONSTRUCTION COMPANY,

Petitioner,

V.

)

PCB 77~-265

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

This case comes before the Board on a petition for a

variance from the requirements of Rule 602(a)

of Chapter

3:

water Pollution of the Board’s Rules and Regulations.

Peti-

tioner

is seeking permission

to install a combined sewer.

Petitioner

is constructing a nine building residential

complex at

the

corner of Division and Wells Streets

in Chicago.

The proposed combined sewer system for this complex would be

tributary to the combined sewer system which feeds the West-

Southwest Sewage Treatment Plant operated by th.~Metropolitan

Sanitary District of Greater Chicago.

Installation of this

sewer is not expected to cause any flooding problems.

If Petitioner were forced to comply with Rule 602(a)

of

Chapter

3 by installing separate storm and sanitary sewers, it

would have

to spend an additional

$30,000.

This expense would

jeopordize the future of the complex and would serve no purpose

since a separated system would still be flowing into

a combined

system.

The proposed plan for ultimate compliance with Rule 602(a)

is the Tunnel and Reservoir Project.

The economic and technical

feasibility of this plan has not been established,

but the plan

is deemed adequate for the purposes of this variance.

Denial of the requested relief would impose an arbitrary

and unreasonable hardship upon Petitioner.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

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ORDER

It is the Order of the Pollution Control Board that

Petitioner be granted a variance from the requirements of

Rule 602(a)

of Chapter

3:

Wate~:Pollution of the Board’s

Rules and Regulations.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order

were adopted on the

/~‘~

day

of,)~~Lt~

,

1977

by a vote of

________.

Christan L. Moffet(,~1,~brk

Illinois Pollution ‘t.~orftrol Board

28

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