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

    Back to top