IT~LINOISPOLLUTION CONTROL BOARD

August 18, 1977

ARTHUR RUBLOFF and ASSOCIATES, No. 1,

an Illinois limited Partnership,

Petitioner,

v.

PCE 77—168

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by

Mr.

Goodman):

This matter comes before the Boa~:c~upon a Petition for Variance

from Rule 602(a) of Chapter 3: Water Pollution filed by Arthur

Rubloff and Associates, No. 1 (Rubloff) on June 24, 1977. Rubloff

waived hearing on this matter. The Environmental Protection Agency

(Agency) filed its Agency Recommendation on July 25, 1977.

Rubloff is engaged in the construction of a 108 townhouse project

located in Chicago, Cook County, Illinois, Sewer service for the

townhouses is to be provided through construction of a combined

sewer

which will discharge into an existing combined sewer operated by the

Metropolitan Sanitary District of Greater Chicago (MSDGC). Rubloff’s

application for a construction permit

was

denied by the Agency

because of apparent lack of approval of the project by the City of

Chicago and because construction of a combined sewer to serve this

project would violate Rule 602 (a). Granting a variance from Rule

602(a) would remove the Agency’s second objection to the issuance

of a construction permit.

Section 35 of the Environmental Protection Act provides for

granting of a variance where compliance with any rule or regulation

of the Board would impose an arbitrary and unreasonable hardship.

Rubloff claims, and the Agency agrees, that such hardship exists

here because construction of separate sewer systems would involve

substantial expense yet would be without any beneficial effect to

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the environment since flows would discharge into the existing MSDGC

combined sewer. The Agency, consistent with this belief, has filei

a Petition for Regulatory Change which, if adopted, would obviate

the need for a variance in the present case. Further, the Board has

previously granted variances from Rule 602(a) in similar fact situ-

ations. Mary Ann Nowak, PCB 76-193; City of Caluinet, PCB 76-318;

Near North Development Corporation, PCB 77-78; Orchard and Vine

Corporation, PCB 77-65. Ultimate compliance with Rule 602(a) will

be achieved upon completion of the MSDGC Tunnel and Reservoir

Project. The Board finds that an arbitrary and unreasonable hard-

ship exists here, and that the benefits of granting a variance

outweigh any harm to the environment.

The Board grants a variance from Rule 602(a) with regard to

construction of a combined sewer to serve the 108 townhouse project,

subject to the condition that Rubloff apply for and receive all

necessary permits from the Agency.

This Opinion and Order constitutes the findings of fact and

conclusions of law of the Board.

ORDER

Arthur Rubloff and Associates is granted a variance from Rule

602(a) of Chapter 3: Water Pollution, with regard to

construction of a combined sewer to serve the 108 townhouse

project described in the Variance Petition submitted herein,

subject to the following conditions~

1. Rubloff shall apply for and receive all necessary

permits from the Agency.

2. Within 35 days of the date of this Order, Rubloff

shall submit to the Manager, Variance Section, Division

of Water Pollution Control, Illinois Environmental Pro-

tection Agency, 2200 Churchill Road, Springfield, Illinois,

62706, an executed Certification of Acceptance and agreement

to be bound to all terms and conditions of the variance.

The form of said certification shall be as follows:

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CERTIFICATION

I, (We)

,

_____________________________having read the Order

of the Pollution Control Board in PCB 77-168, understand and

accept said Order, realizii~gthat such acceptance renders all

terms and conditions thereto binding and enforceable.

SIGNED

______________________

TITLE

________________________

DATE _________________________________

IT IS SO ORDERED~

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

Board, hereby certify the above Opinion and Order were adopted on

the /g~day ~

1977 by a vote of ~“~Q

Christan L. Moffe Clerk

Illinois Pollutio ontrol Board