ILLINOIS POLLUTION CONTROL BOARD

March

21,

1974

FRANK

R.

VENA,

Petitioner,

v.

)

PCB 73—552

ENVIRONMENTAL PROTECTION AGENCY)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Henss)

Frank

R. Vena filed a Petition for Variance seeking

relief from Order No.

7 of League of Women Voters vs. NSSD,

PCB 70—7,

12,

13 and 14 to allow

a sewer connection for a

recently constructed addition to his warehouse at 1542—1544

Old Skokie Blvd.

in Highland Park,

Illinois.

The proposed

connection would be tributary to the Clavey Road Sewage

Treatment Plant owned and operated by the North Shore

Sanitary District.

In NSSD v. EPA

(PCB 73-134) we granted

the District

permission to issue 2,000 permits

(8,G00 population equiva-

lence)

authorizing connection

to its Clavey Road Plant after

July

1,

1974.

In view of that,

and the possibility that

Petitioner could obtain a conditional occupancy permit from

the City of Highland prior to actual sewer connection, the

Agency recommends that the variance be dismissed as moot or

denied outright.

Vena claims that denial of the variance would force

hi-rn

to repay an $80,000 construction loan without being able

to

use

the

additional warehouse space required to generate the

revenue to repay the loan.

Such action, according to Vena,

would be unreasonable and arbitrary and could cause “sub-

stantial economic harm”.

A small portion of the new addition

has been allocated for use as an office.

At present,

Vena

is unable to use the additional warehouse space because the

City of Highland Park will not issue an occupancy permit for

the new addition until such time as sewer connections have

been made.

The NSSD notified Vena on November 16, 1973 that

a permit for sewer connection could not be granted because of

the Board’s sewer ban on the District.

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We shall grant this variance and allow Vena

to

connect

the new addition to the sewer line immediately.

We note

that Vena must purchase his supplies in large quantities.

To deny him the use of the additional warehouse space for

storage of the supplies could jeopardize Vena’s ability

to

generate revenue required to meet his obligations.

We believe

the quantity of effluent from the warehouse will be minimal

and of no significant impact on the Clavey Road plant.

The

Vena warehouse connection will come,only

4 months earlier than

the July 1,

1974 connection date allowed in our January

10,

1974 Order in NSSD vs. EPA,

PCB 73—134.

After July

1,

1974

the NSSD will issue permits fo~such connections without the

need to first obtain individual variances.

ORDER

It

is the Order of the Pollution Control Board that

Frank

R. Vena

is granted

a variance from Order No.

7 of

League of Women Voters vs. North Shore Sanitary District,

PCB 70—7,

12,

13 and 14 in order

to allow a sewer connection

for sanitary facilities

in a newly constructed addition to the

Vena warehouse in Highland Park,

Illinois.

The North Shore

Sanitary District shall count the permit issued for this

connection as one of the 2,000 permits allowed in PCB 73—134.

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

Board, hereby certify the above Opinion and Order was adopted

this

.~

day of

________,

1974 by a vote of~~toO.

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