ILLINOIS POLLUTION CONTROL BOARD
    September
    7,
    1971
    G.
    L.
    MILLER MOTOR SALES,
    INC.
    v.
    )
    #
    PCB71—260
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    Preliminary
    Order:
    Miller
    seeks
    a
    variance
    to
    permit
    connection
    of
    a
    new
    auto sales
    and service building to sewers tributary
    to an
    overloaded treatment plant in the North Shore Sanitary District.
    The question before
    us today
    is whether
    or not to authorize
    a
    hearing.
    Our
    decisions
    have
    spelled
    out
    many
    of
    the
    relevant
    considerations
    for determining whether or not the hardship
    of
    a variance denial
    is
    so great
    as
    to justify
    the additional
    pollution that
    new connections would cause.
    The nature and
    extent of actions taken to commit the petitioner before the
    date of our sewer connection ban
    (March 31,
    1971)
    are highly
    relevant,
    as
    is made clear by such decisions
    as Wachta v.
    EPA,
    #
    71—77
    (July
    12,
    1971)
    ,
    Wagnon v.
    EPA,
    #
    71—80
    (July
    19,
    1971)
    ,
    and Scott Volkswagen v.
    EPA,
    #
    71-112
    (August
    13,
    1971),
    In the present case it is alleged that at the time of
    the petition
    the building was
    “under construction,” but it
    is
    not clear what was
    the status of the project
    as
    of March
    31.
    We will require proof
    that this case satisfies the conditions
    set by previous decisions.
    Such proof can most expeditiously
    be made by affidavit, obviating the need for an expensive and
    time—consuming hearing.
    We therefore order
    the company to submit,
    within twenty days of this order,
    such further information by
    affidavit
    as may be necessary,
    in the light of this order and
    of our prior decisions,
    to prove the elements
    of the pe~itioner~s
    case.
    The Agency will then be given ten days after the receipt
    of such affidavits
    to make whatever additional recommendations
    or comments it chooses
    I,
    Regina
    E.
    Ryan,
    Clerk of the Pollution Control Board,
    certify that
    the Board adopted the above Preliminary Order
    this
    7th.
    day of September,
    ~
    2
    —
    389

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