ILLINOIS POLLUTION CONTROL BOARD
JULY 21,
1982
WESTOWNS LAND WEST SUBDIVISION
AND STELLA ANNES, et al.,
Petitioners,
v.
)
PCB
82—57
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION AND ORDER OF TUE BOARD
(by J.D. Dumelle):
On April
30,
1982 Stella Annes
filed a petition for variance
from Rule 962(a)
of Chapter 3:
Water Pollution,
as it relates
to connection to a
sower
line
which
is
on
Restricted
Status.
The petition was filed on behalf of four homeowners who live in
the Westown Lands Subdivision in the Village of Lombard
(Village),
DuPage County and who have
boon
identified by the DuPage County
Health
Department
as having malfunctioning septic systems.
By
Order
of May 13,
1982 the ~oard joined
the Village as
a party.
Hearing was waived and none was held.
On July
9,
1982 the Illinois
Environmental Protection Agency (Agency)
filed a recommendation
that the variance he granted, accompanied by a motion to file
insbanter, which is hereby granted.
The petition in this matter incorporates the records, opinion
and order of the Board
in
PCB 81-43
(44 PCB 31; November
5,
1981)
which
granted
variance
to
eight
homeowners
in
the
same
subdivision.
Given that the
factual
situation
is nearly identical to that in
PCB 81—43,
the floard will not restate those
facts here.
The
only changes since the prior variance was granted are that the
four septic systems listed
in this petition have now been deter-
mined to be malfunctioning in addition to the original eight;
that on March 19,
1982 the Village was issued a Construct Only
permit
for the construction of a West Side Interceptor Sewer,
which upon completion should allow the Village to be removed
from Restricted Status;
and
that the completion date is now
estimated
to
be
sometime
this
summer.
The Agency alleges that requiring Petitioners to expend
thousands of dollars to repair or replace septic systems which,
due to the soon to he completed interceptor system, will be used
for only a short time and which are in any case unsuited to the
soil in which they would ho functioning, would impose an unreasonable
hardship upon the individual petitioners, especially considering
the public health hazard presented by the surfacing of untreated
sewage which would result from a denial of variance.
In addition,
any increased load on the sewer system experienced as a result
of such grant should last for only the short period of time prior
to completion of the interceptor.
—2—
The
Board
agrees
and
will
grant
variance
from
Rule
962(a)
for
the
purpose
of
allowing
the
connection of
the
four
septic
systems
determined
by
the
Health
Department
to
be
malfunctioning.
The
Board
notes that in its Opinion in PCB 81—43, it
stated
that the existing sewer extension was to be
used
for the
eight
subject
connections in that case “and Is unavailable for additional
connec”
The Agency Suggests, therefore,
that
variance be
granted
from
that
language.
However,
that
language simply stated
the
fact
that
no
other
connections
were
being
allowed
by
that
variance.
Its
intent
was
not
to
bar
any
future
variances.
There-
fore, the Board finds
that
variance from
Rule
962(a)
is
sufficient
to grant the requested relief.
This Opinion constitutes the findings of fact and conclusions
of law of the
Board
in this matter.
ORDER
1.
Westown
Lands
West
Subdivision
and
the
Village
of
Lombard
are
hereby
granted
variance
from
Rule
962(a)
of
chapter
3:
Water
Pollution,
for
the
purpose
of
connecting
the
4
lots
in
the
subdivision identified in the variance petition in this matter
to have malfunctioning septic systems to the sewer
system
of the
Village of Lombard.
2
•
Within forty-five days of the date of this Order,
Petitioner shall
execute
and
forward to the Illinois Environmental
Protection Agency, Division of Water Pollution Control,
2200
churchill Road, Springfield, Illinois
62706, a Certificate of
Acceptance
and
Agreement
to be
bound
to all terms
and
conditions
of
this
variance.
This
forty-five
day
period
shall
be
held
in
abeyance
for
any
period
this
matter
is
being
appealed.
The
form
of
the
certificate
shall
be
as
follows:
CERTIFICATE
I,
(we),
,
having
read
the Order of the Illinois Pollution Control
Board
in PCB 82-57,
dated ____________________________, understand and
accept
the
said
Order,
realizing
that
such
acceptance
renders
all
terms
and
conditions
thereto
binding
and
enforceable.
Petitioner
By:
Authorized
Agent
Title
Date
47-42R
—3-.
IT IS SO ORDERED.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Order
was adopted on the
~ j’~~ayof
_____________
,
1982
by a vote of ~
.
/
,~7
~_~zZ~
/y
Christan
L.
Moffett,
Illinois Pollution Control Board
47-437