ILLINOIS POLLUTION CONTROL BOARD
    May 29,
    1980
    PULTE HOME CORPORATION,
    ILLINOIS
    )
    DIVISION,
    )
    Petitioner,
    )
    v.
    )
    PCI)
    80—50
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    I. Goodman):
    The Agency’s May 8, 1980 Motion for Modification of the
    May
    1, 1980 Order dismissing this matter is granted insofar
    as it seeks clarification of that Order.
    First, although the Order did not discuss the sufficiency
    of Pulte’s plea of arbitrary or unreasonable hardship, the
    Order implies that
    Pulte’s
    prior knowledge of the restricted
    status negates the imposition of any arbitrary or unreasonable
    hardship.
    Secondly, the precise relief requested was from the
    effect of the Agency’s determination of restricted status.
    Had Pulte pleaded that the effect of that determination
    worked a hardship the variance petition may have been sufficient.
    The central issue in cases such as these is whether the
    Illinois Environmental Protection Agency may issue permits to
    connect to a system on restricted status without the Board’s
    permission in the form of Rule 962(a) ‘variances”.
    However,
    the “variance” referenced in Rule 962(a) does not refer to a
    right to connect to
    a system on restricted status.
    It refers
    to such situations where a permittee’s construction or operation,
    if a permit is issued, could cause violations of the Act or the
    Board’s regulations.
    The Agency’s reference in its motion to a variance’s
    enabling the Agency to “disregard” a restricted status in
    reviewing permit applications is contrary to Rule 604(b)
    where no connection permits may issue upon the determination
    of restricted status.
    A variance from Rule 604(b) may alone
    not be sufficient to prove to the Agency that there will be no
    violations of the Act or of the Board’s regulations.
    Thus,
    even with a variance from Rule 604(b) a connection permit
    may be denied by the Agency.
    A petition for variance
    from Rule 962(a) as
    it concerns
    the imposition of restricted status pursuant to Rule 604(b)
    and as it operates
    to deny issuance of connection permits
    cannot properly allege that
    it
    is an arbitrary or
    unreasonable hardship for Petitioner to prove
    its connection
    will not cause a violation of the Act or of the Board~s
    regulations because
    Rule 604(b) precludes Petitioner
    from
    provinq
    such nonviolation.
    The arbitrary and unreasonable
    hardship which needs
    to
    be shown when connection permits are denied by the Agency is
    not that Petitioner
    is unable to prove
    no violation,
    but
    rather that the determination of restricted
    status itself
    works such a hardship on Petitioner.
    The
    Board is
    presently considering changes
    in the procedures used for
    this type of petition which will address this and other
    problems associated with restricted statuses.
    As stated
    in the Order of May 1,
    1980, the case of a
    permit denial appeal was not before the Board.
    IT IS SO ORDERED.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Board, here~ycertify that the above Order was
    adopted op the
    ~
    day of
    ~
    1980 by
    a
    vote
    of
    .
    Christan
    L. Mof~t,Clerk
    Illinois Polluti~’nControl Board

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