ILLINOIS POLLUTION CONTROL BOARD

JULY 21,

1982

WESTOWNS LAND WEST SUBDIVISION

AND STELLA ANNES, et al.,

Petitioners,

v.

)

PCB

82—57

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF TUE BOARD

(by J.D. Dumelle):

On April

30,

1982 Stella Annes

filed a petition for variance

from Rule 962(a)

of Chapter 3:

Water Pollution,

as it relates

to connection to a

sower

line

which

is

on

Restricted

Status.

The petition was filed on behalf of four homeowners who live in

the Westown Lands Subdivision in the Village of Lombard

(Village),

DuPage County and who have

boon

identified by the DuPage County

Health

Department

as having malfunctioning septic systems.

By

Order

of May 13,

1982 the ~oard joined

the Village as

a party.

Hearing was waived and none was held.

On July

9,

1982 the Illinois

Environmental Protection Agency (Agency)

filed a recommendation

that the variance he granted, accompanied by a motion to file

insbanter, which is hereby granted.

The petition in this matter incorporates the records, opinion

and order of the Board

in

PCB 81-43

(44 PCB 31; November

5,

1981)

which

granted

variance

to

eight

homeowners

in

the

same

subdivision.

Given that the

factual

situation

is nearly identical to that in

PCB 81—43,

the floard will not restate those

facts here.

The

only changes since the prior variance was granted are that the

four septic systems listed

in this petition have now been deter-

mined to be malfunctioning in addition to the original eight;

that on March 19,

1982 the Village was issued a Construct Only

permit

for the construction of a West Side Interceptor Sewer,

which upon completion should allow the Village to be removed

from Restricted Status;

and

that the completion date is now

estimated

to

be

sometime

this

summer.

The Agency alleges that requiring Petitioners to expend

thousands of dollars to repair or replace septic systems which,

due to the soon to he completed interceptor system, will be used

for only a short time and which are in any case unsuited to the

soil in which they would ho functioning, would impose an unreasonable

hardship upon the individual petitioners, especially considering

the public health hazard presented by the surfacing of untreated

sewage which would result from a denial of variance.

In addition,

any increased load on the sewer system experienced as a result

of such grant should last for only the short period of time prior

to completion of the interceptor.

---

—2—

The

Board

agrees

and

will

grant

variance

from

Rule

962(a)

for

the

purpose

of

allowing

the

connection of

the

four

septic

systems

determined

by

the

Health

Department

to

be

malfunctioning.

The

Board

notes that in its Opinion in PCB 81—43, it

stated

that the existing sewer extension was to be

used

for the

eight

subject

connections in that case “and Is unavailable for additional

connec”

The Agency Suggests, therefore,

that

variance be

granted

from

that

language.

However,

that

language simply stated

the

fact

that

no

other

connections

were

being

allowed

by

that

variance.

Its

intent

was

not

to

bar

any

future

variances.

There-

fore, the Board finds

that

variance from

Rule

962(a)

is

sufficient

to grant the requested relief.

This Opinion constitutes the findings of fact and conclusions

of law of the

Board

in this matter.

ORDER

1.

Westown

Lands

West

Subdivision

and

the

Village

of

Lombard

are

hereby

granted

variance

from

Rule

962(a)

of

chapter

3:

Water

Pollution,

for

the

purpose

of

connecting

the

4

lots

in

the

subdivision identified in the variance petition in this matter

to have malfunctioning septic systems to the sewer

system

of the

Village of Lombard.

2

•

Within forty-five days of the date of this Order,

Petitioner shall

execute

and

forward to the Illinois Environmental

Protection Agency, Division of Water Pollution Control,

2200

churchill Road, Springfield, Illinois

62706, a Certificate of

Acceptance

and

Agreement

to be

bound

to all terms

and

conditions

of

this

variance.

This

forty-five

day

period

shall

be

held

in

abeyance

for

any

period

this

matter

is

being

appealed.

The

form

of

the

certificate

shall

be

as

follows:

CERTIFICATE

I,

(we),

,

having

read

the Order of the Illinois Pollution Control

Board

in PCB 82-57,

dated ____________________________, understand and

accept

the

said

Order,

realizing

that

such

acceptance

renders

all

terms

and

conditions

thereto

binding

and

enforceable.

Petitioner

By:

Authorized

Agent

Title

Date

47-42R

---

—3-.

IT IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Opinion and Order

was adopted on the

~ j’~~ayof

_____________

,

1982

by a vote of ~

.

/

,~7

~_~zZ~

/y

Christan

L.

Moffett,

Illinois Pollution Control Board

47-437