ILLINOIS POLLUTION CONTROL BOARD
September 18, 1980
ROSSMOOR 1~SSOCIATES, an Illinois
Limited Partnership,
Petitioner,
v.
)
PCB 80—150
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by I. Goodman):
On August 15, 1980 Rossmoor Associates (Rossmoor) filed a
petition for variance from a previous Board order in Docket
No. PCB 79-171 incorporating the whole record of that earlier
petition in its present petition. On August 21, 1980 the Board
ordered Rossmoor to join the County of DuPage as party petitioner
hereto and to file an affidavit containing the facts contained in
this petition. In addition Rossmoor moved for expedited
consideration of its petition by the Board. The Board hereby
grants Rossmoor’s motion for expedited consideration.
In PCB 79—171 Rossmoor was granted certain relief from
Rule 962(a) of Chapter 3 of the Board’s Water Pollution Control
Regulations to allow issuance of permits to construct and operate
sewer connections for a number of dwelling units located in or
near Woodridge, Illinois. Pursuant to the October 4, 1979 Board
Order in PCB 79—171, the Illinois Environmental Protection Agency
(Agency) issued certain permits for certain groups of dwelling
units which were termed Unit 14, Unit 15, and Unit 16. Rossmoor
now seeks to switch the permits issued for Unit 15 to Unit 16 in
order to allow the construction and operation of sewer connections
from an additional 102 units in Unit 16 and to extend the date of
validity of the presently outstanding permits from Decmeber 31, 1980
to February 28, 1982. Additional request for relief by Rossmoor
concerning compliance with the permits is unnecessary under Rule
963(a) of Chapter 3. Rossmoor alleges that a change in the real
estate market forced it to review its construction strategy with
the result that it will be unable to utilize the 100 dwelling
permit granted to Unit 15 but will need 102 dwelling units in
Unit 16.
The Agency has recommended grant of the proposed variance
stating that withdrawal of 100 of the permitted units of Unit 15
—2—
and the issuance of permits for the construction and operation of
sewer connections for 102 units in Unit 16 will have no adverse
effect on the environment. The Board agrees with the Agency
evaluation of the situation and will grant the requested variance
under certain conditions.
This Opinion constitutes the finding of facts and conclusions
of law of the Board in this matter.
ORDER
1. The variance in PCB 79—171 granted to Rossmoor Associates on
October 4, 1979 is hereby vacated as it relates to Unit 15 and the
permit subsequently issued by the Illinois Environmental Protection
Agency for Unit 15 (1980—118—0734).
2. Rossmoor Associates is hereby granted variance from the Rule
962(a) of Chapter 3 of the Board’s Water Pollution Control Rules
and Regulations to allow issuance of permits to construct and
operate sanitary sewer connections to 102 units of Unit 16 of its
subdivision located in Woodridge, Illinois.
3. Rossmoor Associates is hereby granted variance from Rule
963(a) of Chapter 3 of the Board’s Water Pollution Control Rules
and Regulations with the purpose of extending until February 28,
1982 the date by which Rossmoor must comply with the conditions
of permits
#1979—118—5 745
and
#1979—118—5746
as issued by the
Illinois Environmental Protection Agency pursuant to the
Board Order in PCB 79—171.
4. Within 45 days of the date of this Order, the Petitioner
shall execute and forward to the Illinois Environmental Protection
Agency, Variance Unit, 2200 Churchill Road, Springfield, IL 62706,
an executed Certification of acceptance and agreement to b~bound
by all conditions of the variance. This forty-five day period
shall be stayed if Petitioner seeks judicial review of this
variance pursuant to Section 41 of the Illinois Environmental
Protection Act. The form of said certification shall be as follows:
CERTIF ICAT ION
I, (We,)
having read
the Order of the Illinois Pollution Control Board in PCB 80—150,
dated __________________________, understand and accept the Order and
agree to be bound by all of its terms and conditions.
_________________________________, Petitioner
by ____________________________, Authorized Agent
Title
,
Date
—3—
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify tha
e Opinion and Order
were adop~d on the
1~’~
day of
~
1980 by a
vote of
-0.
Christan L.
Illinois Pollution Control Board