ILLINOIS POLLUTION CONTROL BOARD
    November 22, 1974
    MR. AND MRS.
    OWEN
    BULLS
    v.
    )
    PCB74—305
    ENVIRONNENTAL PROTECTION AGENCY
    OPINION AND ORDER OF THE BOARD
    ~by.
    Mr.
    Dumelle):
    Petition for variance from
    a sewer connection ban in
    Waukegan was filed August 19, 1974. The petitioners allege
    that their rental unit at 1636 Ferry Street is unfit for
    human habitation.
    They want to build a home on property which
    they own at 2803 Blanchard Road also in Waukegan.
    No public
    hearing was held in this case.
    The Board on August 29,
    1974 entered an order requesting
    information as to the location of the sewer to which the
    Bulls wish to connect and additional facts as to economic
    hardship.
    The
    information
    requested
    was
    supplied
    on
    September
    19,
    1974.
    The family numbers five. The rental paid is
    $170 per
    month. The gross income of the wage earner, Mr. Bulls,
    is
    about $14,100 annually or more. The present residence is
    alleged to be unfit for habitation. The major deficiencies
    appear to be unsafe wiring and leaky plunthinq.
    On October
    30,
    1974 a letter from the City of Waukegan Building Department was
    submitted
    by
    the petitioners and orders the immediate vacating
    of the Bulls’ residence because of “a dangerous situtation
    to
    life safety, health, and welfare of the tenant.”
    The sewer to which the proposed new residence would connect,
    eventually connects to the Judge Avenue sewer which has inadequate
    capacity to transport wastes. The City of Waukegan states that the
    corrective work has been designed but will cost in excess of
    $4,000,000. The City seems to place the start of construction as
    being
    from
    two
    to
    three
    years
    away.
    The
    Agency
    recommendation
    was
    received
    on
    October
    21,
    1974.
    It
    recommends
    a
    grant
    of
    the
    variance
    and
    likens
    the
    case
    to
    Mc Adams
    V.
    Environmental Protection Agency, PCB71-113.
    In
    Mc Adams, the family income was under $6,000 per year and federal
    mortgage
    assistance
    as
    at
    stake.
    Those circumstances are not present in this case.
    The family
    income
    is
    more
    than
    twice
    as
    great
    and
    no
    mention
    is
    made
    of
    federal mortgage assistance being involved. The Agency states that
    14
    —
    507
    —2—
    the petitioners have investigated only two other apartments.
    Sufficient collateral
    is held by the Bulls to secure a
    construction loan.
    Since no showing is made of any type of residence
    restriction to a certain location, we feel that a greater
    effort to secure an apartment is warranted.
    Petitioners
    might
    find something available in North Chicago or Lake
    Bluff or elsewhere in the area. And a greater rent might
    have to be paid, even if it
    means dipping into the collateral
    they have built up for a home purchase.
    The alternative in this case is to put more sewage into
    an overloaded sewer which the Agency states
    “During periods of wet weather
    this sewer
    (Judge Avenue)
    is
    subject to excessive flows from
    storm water runoff. This runoff
    results in the by—passing of un-
    treated waste into Yeoman Creek
    and further results in the flood-
    ing of basements of homes in this
    area.”
    Basement flooding, where sanitary wastes are involved,
    brings with it the danger of hepatitis,
    polio, dysentery,
    and other waterborne diseases.
    Since the sewer corrective
    work is so far into the future
    (perhaps four years
    to
    completion, assuming Federal grant funds are made available)
    it seems best to deny the variance without prejudice.
    If the
    suits
    against the President’s impoundment of grant funds are
    successful, then the timetable may be speeded up in Waukegan.
    The alternative of constructing a hoiding tank,
    as has
    been done in
    a dozen cases in Rockford, where sewers are
    similarly overloaded, ought to be considered by the Petitioners.
    More effort in seeking alternative apartments ought be put
    forth by the Petitioners.
    ORDER
    The petition for variance is denied without prejudice.
    IT IS
    SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adapted
    on
    the,~~day ~
    ,
    1974, by a vote of
    14—508

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