ILLINOIS POLLUTION CONTROL BOARD
    March 6, 1980
    VILLAGE OF RIVERTON,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    P~B
    79—268
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Goodman):
    Petitioner filed its petition for variance from Sections 12
    and 39 of the Illinois Environmental Protection Act (Act) and
    from Rule 962 of the Board’s water regulations on December 14,
    1979. On September 14, 1979, the Agency denied Petitioner a
    construction
    permit to
    build
    a
    sewer
    line
    in
    anticipation
    of
    a
    large housing development, apparently to be built by
    local
    resident Mr. Nino Giganti.
    The relevant water regulation, Rule
    951(a), states that no construction of a new sewer may commence
    without the issuance of a permit unless excepted by Rule 951(b),
    which Petitioner is not.
    Petitioner,
    however,
    seeks
    a variance
    from
    Rule
    962,
    Standards
    of
    Issuance
    of
    all
    but
    experimental
    permits.
    This
    rul.e
    requires
    Petitioner
    to’
    submit
    to
    the
    Agency
    adequate
    proof
    either
    that
    the .sewer
    will
    be
    constructed
    so
    as
    not
    to
    cause
    a
    violat4.on
    of
    the
    Aqt
    or
    the
    Board’ s
    water
    regulations
    or
    that
    Petitioner
    has
    been
    granted
    a
    variance.
    In
    either
    case,
    the
    project
    must
    conform to Agency-approved “design criteria” published pursuant
    to rule 967.
    What the Agency alleges are its “design criteria” are its
    “Guidelines
    For
    Determination
    of
    Construãt—Only
    Status
    Pursuant
    to Rule 951 of Chapter
    3:
    Water Pollution Regulations of the
    Illinois Pollution Control Board,
    etc.’
    WPC-5,
    filed March 3,
    1977.
    WPC—5 concerns procedural requirements for construction
    design.
    Regardless of its applicability to issuance of
    construct-Only permits, WPC-5 does not apply to Petitioner’s
    request for variance from Rule 962.
    37—487
    —2—
    ifl
    order to grant
    Petitioner
    a variance from Rule 962’s
    standards for
    the
    Agency’s
    issuance of
    a construct—only permit,
    Petitioner must allege and prove that requiring it to submit
    adequate proof to the Agency that the intended sewer
    line will be
    constructed so as not to cause
    a violation of applicable
    laws,
    and will conform to Agency “design criteria”.
    imposes an
    arbitrary and unreasonable hardship upon Petitioner,
    The Board does not favor granting variances from the Act
    authorizing the Board to conduct rulemaking and other procedures.
    Variance from Sections
    12 and 39 of the Act is therefore denied.
    Variance from Rule
    962
    is
    denied.
    No hardship can result
    from subjecting Petitioner to a duty to prove
    to the Agency
    that
    its intended construction project will not violate applicable
    law
    and will conform to Agency—approved design criteria.
    The case of
    a permit denial appeal
    is not before the Board,
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board in this matter.
    Petition for variance
    is denied without predjudice.
    IT IS SO ORDERED,
    Mrs. Anderson abstains
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby c~tify that the above Opiniin and Order
    were adopted on the
    ________
    day of
    ,
    1980 by a
    vote of
    ~
    ~
    Christan L. Mof~~,Clerk
    Illinois Pollution Control Board
    ~ 7__/~
    ~R

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