ILLINOIS

POLLUTION

CONTROL BOARD

May

II,

1978

ORLAND

TRAILS

CONSTRUCTION

COMPANY,

Petitioner,

v.

)

PCB

78-25

Respondent.

DISSENTING OPINION

(by Mr.

Young):

I do not believe that

the Petitioner

is entitled

to

the variance granted by the

Board.

The hardship alleged

by the Petitioner

is

entirely

self-imposed; the record in

D~rhy~ea~owsUtility

Company,

et al

v.

EPA, PCB 77-153,

and

in this case, cfd~ly indI~

~e

to me that although the

Petitioner was

fully aware

of

the

status

of

the

treatment

works, he elected

to

continue

to construct and sell homes.

Nor do

I believe that the

alleged hardship to the buyers

of the homes was proven.

To the contrary

it appears

from the record that all buyers

had been offered a release

from

their contracts

to

purchase

in

Orland

Trails

and

had

declined

to do

so.

There are many areas of

the State which are or have

been subject to sewer connection

bans for extended

periods

of time pending construction

of expanded or upgraded treat-

ment works or collection

systems.

The sewer connection

restrictions

imposed on the

area

served by the North Shore

Sanitary District,

for example,

have been in effect since

the

Mi~rch

31

,

1

97

1

,

Ordei

of

hfl ecv~

r~i

H

~~~U(’

of

Womon

Voti r~ol

1

Lino~s, ~L aiv

Nor rh ~horL

~an

1

~ary~j~i

~Liict

PCB 70-7,

consolidated,

1 PCB 369.

In ~1~1~eadows,

connections

to

the treatment works

were limited to 750 homes,

the permitted

capacity of the

plant.

Until the required oermits

for expansion and onera-

tion of the plant at 0,6 MCD are

issued,

no

additional

connections should have been allowed.

---

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board,

hereby certify the above Dissenting Opinion was

submitted to me on the ~

day of

~

1978.

Illinois Pol1utio~

Board

30

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