ILLINOIS POLLUTION CONTROL BOARD

August 13,

1971

DAVID S.

McADAMS

)

v.

)

*

PCB71—1l3

ENVIRONMENTAL PROTECTION~AGENCY

David S. McAdams,

pro

Se,

Delbert Hascherney~r, for the Environmental Protection Agency

Opinion of the Board

(by Mr. Currie):

The petitioner seeks

a variance to permit the connection

of

a proposed single-family dwelling to

a sewer in Gurnee

tributary to the overloaded Clavey Road sewage treatment plant

of the North Shore Sanitary District.

Such connections were

forbidden by our order of March

31,

1971,

in League of Women

Voters

v. North Shore Sanitary District,

#70—7.

After hearing

we granted this variance August

5,

1971, and this opinion

gives our reasons.

In previous cases the Board has divided as

to the degree

of reliance upon the ability to use the sewers necessary to justify

a

variance.

See, e.g., Wachta v.

EPA, #71-77

(Aug.5,197l).

But the prin-

cipal hardship in the present case is of another variety.

This family

of four including two small children

(R.

9)

resides in an apart-

ment, with one twelve-by-fourteen bedroom

CR.

20), which the

family has been asked to vacate

(R,

12;

letter attached to

petition).

The family income is quite modest

(R.

32).

Mr.

McAdams testified that he had been unable to find suitable

accommodations at

a reasonable price

(R.

25)

,

having insufficient

money to rent a house or

a large enough apartment

(R.

37).

He has, however, qualified

for federal mortgage assistance under

an FHA program that will make it possible

for him to construct

a satisfactory new home

(R.

12,

31).

To deny the variance would

at best postpone Mr. McAdam~s ability to move into suitable

accommodations;

at worst he might lose his eligibility

for

mortgage assistance altogether

(R.

31,

37).

This

is

a

far cry from the comfortable family that must

wait

two or three years

for its dream house because of the sewer

ban.

This

is

a family that may have no place to live if the

variance is denied.

The additional pollution that variances

in

extreme cases like this will cause will probably be small,

for

such cases are likely to be rather rare;

and it must be borne

because the hardship of denial

is too great.

2

—

297

---

This opinion constitutes the Board~s findings of fact

and

conclusions of law.

I, Regina E. Ryan, Clerk of the Pollutibn Control Board,

certify

that

e Beard adopted the above Opinion this

of

,

1971.

2

—

298