ILLINOIS POLLUTION CONTROL

BOARD

August

13,

1971

DOLE CONSTRUCTION CO.

v.

)

#

PCB71—126

ENVIRONMENTAL PROTECTION AGENCY

Mr. Delbert Haschemeyer,

for

the Environmental Protection Agency

Opinion of the Board

(by Mr. Currie):

This petition seeks

a variance from our ban on new sewer

connections

to overloaded treatment plants

in the North Shore

Sanitary District

(League of Women Voters

v, NSSD,

#

70—7,

March

31,

1971).

We scheduled

a hearing and notified the

petitioner.

A hearing officer attended at the appointed time

and place and waited

for

a considerable period, but no one

appeared to present the petitioner~s case.

Efforts were made to

contact both the petitioner and

a couple on t~hosebenefit the

petition was allegedly

filed, but with

no success.

The reason for scheduling

the hearing was to obtain evidence

as

to the

facts

of this particular case;

as our decisions

in

cases of this nature

show,

factual variations

among the cases

often result in differing decisions.

Our procedural rules make

clear that no variance may be granted without proof.

The failure

of the petitioner

to appear at the hearing leaves us with

neither proof nor

any indication that th.~variance

is still

desired.

Consequently we dismissed the petition August

5 for

want of prosecution,

and

this opinion gives

our reasons.

This

action is without prejudice to the filing of a new petition

in the event

the parties wish this matter

to be pursued.

This opinion constitutes the Board~s findings

of fact and

conclusions of law.

I, Regina E,

Ryan, Clerk of

the Pollution Control Board,

certify

that~~~rd

adopted the

above Opinion this

~/~3i4/~

day

2

—

299