ILLINOIS POLLUTION CONTROL BOARD

July

7,

1977

K~M.ROUND LAKE BEACH DEVELOPMENT

COMPANY,

Petitioner,

1J•

)

PCB 77—131

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION ANDOR1~EROF THE BOARD

(by Mr. Dumelle):

On April

19, 1977, Petitioner submitted two petitions

for Variance

(PCB 77-117 and 77-118)

which

were dismissed and

consolidated into this proceeding~

Petitioner

is seeking

alternative relief,

A variance is sought from Rule 962 of

Chapter

3:

Water Pollution of the Board~sRules

and Regulation

to

allow connection of a proposed commercial

development to the

Village of Round Lake Beach sewer system and the

Round Lake

Sanitary District sewage treatment plant.

In the

alternative,

a variance is sought from Rules

203(c)

and 962 to

allow the

construction and operation of a package sewage

disposal system

to serve the proposed development.

Rule 401(b)

of the Board~sProcedural Rules

states that

Petitions for Variance must state specifically

whether a

hearing

is requested or waived.

This consolidated

Petition

did not fulfill this requirement.

On June

10,

1977 the Agency filed its

Recommendation that

this Variance be denied, and on July

5,

1977

an

adjoining

landowner filed an objection to the Petitioner~s

second alternative

for relief.

In Material Service Corporation v.

Environmental

Protection Aqency and Pollution Control

floard, 4~Ill.

App,3d

192,

354 N,E,2d

37

(1976)

,

the Illinois Appellate

Court

addressed a similar situation in which the Agency filed a

recommendation of denial of the Variance based

on fac~tua1

allegations contradicting those in the Petition, and the Board

then denied the Petition without a hearing.

The

Court held

that the recommendation must be considered

an “objection” to

the Petition and that, under The Act and Procedural Rules,

the Board could not deny the Petition on the merits without a

hearing.

---

—2—

This Opinion constitues

the Board~sfindings of fact and

ORDER

It

is the Order of the Pollution Control Board that the

DEVELOPMENT COMPANY on May 2,

1977 be and is hereby dismissed

without prejudice.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the~above Opinion and Order, were

adopted

on the

day of________

,

Christan L, Moffet~ Clerk1