ILLINOIS POLLUTION CONTROL
    BOARD
    June 10,
    1981
    CROOK DEVELOPMENT CO., AND THE
    BOARD
    OF TRUSTEES OF THE TOWN OF STOOKEY,
    Petitioners,
    v.
    )
    PCB
    80—230
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    SUPPLEMENTAL OPINION
    AND
    ORDER OF THE BOARD
    (by J. Anderson):
    Petitioners’ May 18,
    1981 Motion to Reconsider the Board’s
    Opinion and Order of April
    16,
    1981 is hereby granted.
    Petitioners
    have requested, and the Agency has supported in its May 27 Response,
    modification of the Order to allow issuance of
    sewer construction
    and operation permits for two additional sixteen unit apartment
    buildings.
    Petitioners’ motion, as verified by affidavit,
    states that
    Stookey Township anticipates completion of its new sewage treat-
    ment plant by January 31,
    1983.
    Crook seeks variance for two
    planned buildings, construction of which has not yet commenced.
    If variance is granted, Crook plans to complete construction of
    one building in June,
    1982, and of the other in late spring,
    1983.
    The record as a whole does not support grant of variance as
    requested.
    The Board has consistently declined to grant variance
    in situations where the hardship alleged is that which restricted
    status was designed to impose
    -—
    a moratorium on new construction,
    planned but not started, which would create additional
    loading to
    an overloaded sewer system and/or sewage treatment plant.
    However,
    in light of the anticipated completion of Stookey’s treatment plant
    in early
    1983,
    and the economic hardship alleged that Crook’s
    employees would suffer from a lay—off,
    the Board will modify
    its
    Order to allow the Agency to issue a “construct only” permit for
    the additional planned 32 units.
    The Board believes that this
    will result in some amelioration of the economic hardship to Crook
    without aggravating the environmental hardship to Stookey’s presunt
    residents.
    In extending this variance to allow issuance of “construct
    only” permits, the Board intends only to allow Crook
    to commence
    construction prior to completion of Stookey’s plant.
    This Order
    shall not be construed as authorizing issuance
    of a sewer operation
    permit prior to the lifting of restricted status.
    42—53
    2
    This Supplemental Opinion, together with the Opinion of
    April
    16,
    1981,
    constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Board hereby modifies its Order of April
    16, 1981, by
    deleting Paragraph
    2 which reads “Variance as to the
    48 planned
    units
    is denied for failure to prove arbitrary or unreasonable
    hardship”,
    and inserting
    in lieu thereof the following:
    “2.
    Petitioners are hereby granted variance from
    Rule 962(a)
    of Chapter
    3:
    Water Pollution to allow
    issuance of sewer construction permits for two
    planned 16 unit apartment buildings to be located
    in Oak Hill Village and constructed no earlier than
    is set forth in the construction schedule contained
    in Crook’s Motion for Reconsideration of May
    18,
    1981, which schedule is incorporated herein by
    reference as if fully set forth.”
    IT
    IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby certify that the above Supplemental Opinion
    and Order, was adopted on the /c~day of
    ~
    ,
    1981 by a
    vote of ~--o
    Illinois Polluti
    Board
    42—54

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