ILLINOIS POLLUTION CONTROL BOARD

September 2, 1971

CHARLES N, HUGHES et al.

V.

)

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PCB 71—151

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order of the Board (by Mr. Currie)

This petition seeks a Variance from our ban on new sewer

connections to overloaded sewage

treatment plants in the North Shore

Sanitary District. As in

Dole Construction Co. v. EPA,

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71—126, (August 13, 1971), we scheduled a hearing to determine

the facts, but the petitioners did not appear at the hearing.

As in the Dole case, we are left with neither proof that compliance

would create an arbitrary or unreasonable hardship nor any

indication that the variance is still desired. We therefore

dismiss the petition for want of prosecution, without prejudice

to the filing of a new petition in the event the parties wish

this matter to be pursued. We add for future guidance of the

parties that in prior cases we have held the purchase of plans

for a home

not

under

construction at the time of the sewer ban

is

insufficient hardship to justify a variance. E.g., Wagnon

v, EPA,

4t 7l~85 (July 26, 1971).

This opinion constitutes the Board~s findings of fact,

conclusions of law, and order.

I,

Regina E. Ryan, Clerk

of the Pollution Control Board, certify

that

the Board adopted

the

above Opinion and Order this~~

day of~,

1971.

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