ILLINOIS POLLUTION CONTROL BOARD
    September 2, 1971
    CARRIE
    F. ANDRACKI
    et al,
    v.
    )
    #
    PCB 71—149
    ENVIRONMENTAL PROTECTION AGENCY
    )
    Carrie F~Andracki, pro se,
    Roger
    C. Ganobcik, of Springfield, for Environmental Protection Agency
    Opinion and Order of the Board (by Mr. Currie):
    Petitioners request a variance from our order of March 31,
    1971 (League of Women Voters v. North Shore Sanitary District,
    #
    7O~-7) banning new connections to sewers tributary to overloaded
    sewage treatment plants. After hearing we deny the variance.
    Petitioners are four adult sisters living in a house adjacent
    to a playground
    in
    Waukegan (R. 8). They testified that their present
    living situation is undesirable bacause of noisy traffic in an
    adjoining driveway (R. 9) and because of vandalism attributable to
    undesirable persons frequenting the playground, which resulted in
    three incidents of property damage,
    one
    including a personal injury
    from a thrown brick or rock (R. 8). As a result of these adversities
    the petitioners in March of this year, just before the sewer ban
    was imposed, purchased a lot (R, 9) on which they intend to construct
    a new home for something over $40,000. The new home is to be connected
    to a sewer servi~igthe Waukegan sewage treatment plant (R,
    53)
    Plans for the home have been drawn (R. 17), but it is not certain
    whether this work was done before or after the connection ban was
    declared. No construction has been begun.
    We regret the undeniable hardship that the sewer ban imposes
    on
    the petitioners and on many others with sound reasons for wishing
    to occupy new quarters. That some people would be put to such
    hardships is inherent in the sewer ban. We have
    held
    that where
    construction had not begun on the date of the ban, as here, neither
    the purchase of a lot
    nor
    the drawing of plans is sufficient to
    justify the worsening of the already
    bad
    pollution situation
    in
    the North
    Shore
    Sanitary District,
    because
    enjoyment of the money
    spent is not denied but only postponed.
    E.g.,
    Wagnon v, EPA,
    # 71—85 (July 26,
    1971),
    While we sympathize with the problems of
    noise and vandalism that the petitioners face, we do not believe
    this is a case, like McAdams
    v.
    EPA # 71—113 (August
    13, 1971),
    2 363
    in which without the variance the petitioners will have no decent
    place to live, Poverty is not a factor here, since the petitioners
    are contemplating the construction of a home costing over $40,000
    (R. 49) and each of them is employed (R. 47). They have lived in
    the same house for over fifty years (R. 33), and for four years
    since the vandalism began (R. 48). As suggested by the Agency, the
    threat of missiles and of burglars can be significantly lessened
    by the installation of grillwork on the windows (R. 27-28). We are
    not convinced either that to remain in their present home for a
    little while longer would be intolerable or that finding alternative
    accommodations would be impossible, despite unsuccessful efforts
    so far (R. 15, 48), when compared to the urgent necessity for
    protecting Lake Michigan from further degradation, as graphically
    spelled out in our March 31 opinion.
    The petition for variance is denied, This opinion constitutes
    the Board~s findings of fact, conclusions of law, and order,
    Mr. Aldrich and Mr. Kissel dissent for reasons to be stated separately.
    I, Regina E. Ryan, Clerk of the Pollution Control Board, certify
    that the Board adopted the above Opinion and Order this 2nd.
    day of September, 1971,
    2
    —
    364

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