ILLINOIS POLLUTION CONTROL BOARD
    June
    9,
    1977
    CHRISTIAN COUNTY HOUSING AUTHORITY,
    Petitioner,
    v.
    )
    PCB 77-16
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION OF THE BOARD
    (by Mr. Dumelle):
    This matter comes before the Board on a Petition for Variance
    filed by Petitioners on January 17,
    1977.
    On January
    20,
    1977 the
    Board found the Petition inadequate and ordered additional informa-
    tion be provided.
    On March
    21, 1977 an Amended Petition for Variance
    was filed
    in response to the Board’s Order.
    This Amended Petition
    was further amended in a letter to the Board from the Petitioner
    which was filed on April
    7,
    1977.
    The variance is requested to allow
    the connection of a housing project for the elderly to the City of
    Pana’s sanitary sewer system.
    Pana was placed on Restricted Status
    by the Agency pursuant to Rule 604 of Chapter
    3:
    Water Pollution of
    the Board’s Rules and Regulations,
    and it has remained on Restricted
    Status.
    Petitioner
    is seeking
    a variance from Rule 962(a)
    of Chapter
    3 of the Board’s Rules and Regulations.
    On May 2,
    1977 the Agency
    filed its Recommendation that the variance be granted on the condi-
    tion that the Petitioner obtain all necessary permits for the
    connection of this project including
    a permit for the construction
    of
    a holding tank.
    Petitioner has demonstrated hardship in that it has shown an
    acute shortage of acceptable housing for the low income elderly
    people of Christian County.
    This housing shortage has been substan-
    tiated by an official of the U.S.
    Department of Housing and Urban
    Development
    (HUD).
    HUD provided the financing for this project based
    upon an assessment of the housing needs of the elderly in the
    Christian County area.
    25
    709
    —2—
    The proposed project will add a loading of approximately 83 P.E.
    to the City of Pana’s sewage treatment plant.
    The environmental
    impact of this discharge will be minimized by the use of
    a holding
    tank which will control discharges from the project to off peak
    periods of
    flow.
    Because the condition of the sewers
    in route to
    the
    sewage treatment plant has not been demonstrated, the Agency has
    asked that the size of the holding tank be determined as
    a part of
    the permit issuance process.
    The Board holds that this condition
    is
    reasonable.
    Denial of
    a variance for the connection
    of the Petitioner’s
    housing project for the elderly would constitute an arbitrary and
    unreasonable hardship.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law.
    The Order was issued by the Board on May 12,
    1977.
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control
    Board, hereby certify the above Opinion was adopted on the
    9~’
    day
    ~
    ,
    l977byavoteof
    ~
    Christan
    L. Mo fet,~./~1erk
    Illinois Po1lution~efitrolBoard

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