ILLINOIS POLLUTION CONTROL BOARD
September
16,
1971
WAUKEGAN PAPX DISTRICT
v.
)
#
PCB71—266
ENVIRONMENTAL PROTECTION AGENCY
)
LAKE
COUNTY SCHOOL DISTRICT
#
64
V.
)
4~
PcB71—267
)
ENVIRONMENTAL PROTECTION AGENCY
Opinion and Order of the Board
(by Mr.
Currie):
These
two variance petitions seek permission to connect
a new recreational building and
a new school to sewers serving
overloaded treatment plants subject to our connection ban
order of March 31
(League of Women Voters
v.
North Shore
Sanitary District,
#
70—7)
The petitions fail to allege
the facts required by our procedural rules,
or sufficient
facts
to bring these cases within the precedents
for granting
such variances as laid down in our numerous decisions.
We
think the quickest way to
a decision on the merits
is to dismiss
the petitions for procedural inadequacy, granting leave
to
amend.
If facts
are alleged that will
fit the precedents
or otherwise qualify for
a variance, we expect
to be able
to dispose of the cases without a time—consuming hearing.
Verification of the petitions would facilitate such action.
See
Park Manor
v, Environmental Protection Agency,
#
71—190
(August
13, 1971).
The petitions
are dismissed without prejudice.
Mr.
Kissel
dissents and would authorize
a hearing.
I, Regina E,
Ryan,
Clerk of the Pollution Control Board, certify
that the Board adopted the above Opinion aiad~Orderthis
16
day of September
,
1971.
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)
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