ILLINOIS POLLUTION CONTROL BOARD
    March 17, 1977
    Mr.
    J.
    D.
    TURNER,
    )
    )
    Petitioner,
    PCB 76—240
    v.
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND
    ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    This matter is before the Board on a Petition for Variance
    filed by Petitioner J.
    D. Turner on September 27,
    1976.
    That
    Petition was filed with the Board by Mr. Turner in response to
    various communications between himself and the Environmental
    Protection Agency
    (Agency).
    Specifically,
    the Agency informed
    Mr. Turner by letter that because of an existing Restricted Status
    applicable
    to the City of Girard, no sewer connection permit could
    be issued
    for
    a mobile home park proposed by Mr. Turner.
    Although received late, the Agency Recommendation in this
    matter,
    filed December
    7,
    1976, disputed certain allegations
    in
    Mr.
    Turner’s Petition,
    and raised issues of fact to be decided
    before
    a Variance could be granted.
    Specifically, the Agency
    disputed the existence of the hardship necessary for a Variance
    grant,
    and alleged that Petitioner proceeded with sewer connections
    without a permit during the pendency of his Variance Petition.
    On
    December
    16,
    1976,
    the Board entered an Interim Order authorizing
    a hearing for the resolution of contested matters.
    On
    Janwiry
    6,
    1977,
    Mr. Turner filed
    a waiver
    of
    the 90-day
    decision period set by the Environmental Protection Act.
    Mr.
    Turner also stated that he wished to,
    “Petition for the provision
    of cost of a transcript at a hearing...”
    The Board thereupon further
    deferred consideration of the matter, and instructed the Clerk to
    contact the Hearing Officer and the Petitioner regarding further
    information concerning Mr. Turner’s Petition for Board payment of
    hearing costs.
    Although Mr. Turner’s Petition for Board payment of costs was
    plainly
    inadequate,
    and the record indicates that no further infor-
    mation
    in
    this regard was received, that issue has been mooted by
    subsequent events.
    Principally, no proper hearing was held.
    25-103

    —2—
    Pursuant to proper notice,
    the Hearing Officer set a hearing
    to be held in the City of Girard on February
    8,
    1977.
    Although the
    Agency was represented by counsel
    at that hearing, and Mr. Turner
    appeared pro se,
    Mr. Turner neither expanded upon his petition for
    Board payment of hearing costs, nor provided a court reporter.
    As
    a result,
    the Board has before it only the Hearing Officer’s summary
    of events which transpired at the February
    8,
    1977
    “hearing.”
    While
    this procedure
    is plainly inadequate under the Procedural Rules, we
    do not find that any further hearing will be necessary on the matter.
    The Board
    finds
    that,
    in light of Mr. Turner’s failure
    to provide
    a court reporter or an adequate petition for Board payment of cost,
    and his subsequent actions
    (including the filing of an additional
    Amended Petition), our decision on the stipulated pleadings
    in this
    matter will not be prejudicial to Mr. Turner.
    Any possible prejudice
    has been waived by his own actions.
    Mr. Turner’s mobile home park was constructed in an area recently
    annexed
    to the City of Girard.
    Mr. Turner’s original Petition
    contained copies of the annexation ordinance and the permits applied
    for and obtained by him in connection with construction of the park.
    Mr. Turner obtained permits from the Illinois Department
    of Public
    Health for the construction of sewers within the mobile home park,
    and from the
    City
    of Girard for connection to the city’s sanitary
    sewer
    system.
    Unknown
    to Mr.
    Turner,
    however, the latter permit
    from the City of Girard was effectively without
    force:
    The City of
    Girard was at that time
    (and still
    is) under Restricted Status impos
    by the Agency.
    The reason for Girard’s Restricted Status
    is detailed in
    a prior
    record before the Board, Brethren Home of Girard v.
    EPA, PCB 75-193
    (July
    24,
    1975).
    As noted there, the sewage treatment plant of the
    City of Girard receives at least
    4
    per cent more than its designed
    average loading during normal periods of operation,
    and has additional
    problems,
    including bypassing during wet weather.
    For additional
    information, our Opinion and the record in Brethren Home of Girard,
    supra,
    should he consulted.
    Th
    ~niy
    dddi
    i(1)I
    I
    ,lli()riIhlI
    i~n
    iii
    h~
    in~I
    mt
    ((~)Id
    y~nc(’rninq
    the
    ~t
    dLu’-; of
    Lhe
    City
    of: Girard indicaLes
    till
    t
    ,
    L
    Lhu
    eirliest
    construction resulting
    in compliance by the City of Girard will not
    be completed until at least one year past July
    30,
    1978
    -
    the earliest
    date feasible for the award of a Step III construction grant by the
    Agency.
    Stipulated Exhibit Q, February
    8,
    1977.
    Based against the likelihood of environmental harm as shown in
    Brethren Home of Girard, we must balance any hardship shown by Mr.
    Turner in his
    (pro se) pleadings.
    Mr. Turner alleges that he has
    invested his life savings and has incurred a considerable mortgage
    in this mobile home park.
    His allegation that, absent the income
    from the mobile home park, he would lose the property on default,
    is uncontested.
    Exhibit J to Mr. Turner’s Petition of September 27,
    1976,
    indicates that the State Bank of Virden holds
    a mortgage on
    Mr. Turner’s development in the amount of $66,200.00.
    25
    104

    —3—
    The possible environmental damage to be weighed against this
    alleged hardship is decreased somewhat, however,
    in a further Amended
    Petition filed by Mr. Turner on February
    18, 1977.
    In that Petition,
    Mr. Turner reduces his request for Variance from 29 mobile home
    spaces to 14.
    In addition, Mr. Turner notes that he has installed
    a pump station holding tank with 5,000 gallon capacity, which would
    be run only during periods of low flow into the Girard sewage treat-
    ment plant.
    Mr. Turner also alleges in this most recent Amended
    Petition that less than 50 per cent of the residents of his mobile
    home park would be
    “new to the community.”
    We are left to infer
    that the remainder, being local residents, would not represent an
    additional load upon the sewage treatment plant.
    A final issue to be considered in the weighing of the alleged
    hardship against the possibility of environmental harm is the good
    faith of Mr. Turner and the reasonableness
    of his action to date.
    First, Mr. Turner alleges that he proceeded with construction of
    the mobile home park
    -
    without an Agency permit
    -
    in the good faith
    belief that no Agency permit was necessary.
    He alleges that he spoke
    with at least three employees of the Agency, who referred him to
    the Department of Public Health for appropriate permits, but did
    not inform him of the Agency permit requirement.
    Although several
    affidavits were submitted by the Agency stating that none of the
    individuals concerned have any memory of discussion with Mr. Turner,
    the possibility that such discussions were had nonetheless remains.
    See, Amended Agency Rec., February 22,
    1977,
    Ex.
    A,
    ¶6; Ex.
    B,
    ¶6;
    E~T
    C,
    ¶6.
    Nor is
    it clear from the permit issued by the Illinois
    Department of Public Health that additional permits from the Agency
    would be necessary.
    See, Ex.
    G of February 8,
    1977,
    ¶10.
    Further,
    the permit issued by the City of Girard contains no limitation with
    regard to Agency permits.
    Id., Exhibit H.
    In determining Mr. Turner’s good faith, it is finally necessary
    to note that he has apparently allowed the connection of two mobile
    homes to the sewer system during the pendency of this Variance
    proceeding.
    Id.,
    Ex.
    T.
    Such actions cannot be condoned.
    However,
    in weiqhinq all the above factors, the Board finds
    it
    entirely possible that Mr. Turner could have,
    as he alleges, relied
    on the various permits which he did receive when making
    a substantial
    investment
    in the mobile home park.
    Although all persons are charged
    with knowledge of the law,
    including this Board’s Regulations,
    it
    would seem that Mr. Turner has arrived at his present situation as
    a result of simple inadvertency, as opposed to bad faith.
    Under
    the circumstances,
    we do not feel that Mr. Turner’s actions were
    unreasonable, and we will not find that the hardship alleged in this
    matter is self—imposed.
    And, although
    Mr.
    Turner has stipulated,
    Exhibit
    T,
    that he allowed two trailers to connect to the sewer
    system during the pendency of this matter,
    which action we cannot
    condone, we do not find that this constitutes sufficient bad faith
    -
    under the circumstances
    -
    to significantly affect our decision here.
    25-105

    —4—
    Weighing the various factors, we find that Mr. Turner’s allega-
    tions of hardship are sufficient to support the grant of the requested
    Variance
    (as amended February 18,
    1977), without significant danger
    of environmental harm.
    See, Ex.
    U.
    We shall grant the limited Variance requested by Mr. Turner
    in his most recent Amended Petition.
    The Variance grant will be
    strictly conditioned,
    so as to minimize the possibility of environ-
    mental damage.
    Finally, the Board recommends that the Environmental Protection
    Agency examine the possibility that such permit issuance by munici-
    palities on Restricted Status might constitute violation of the Act
    or this Board’s Rules and Regulations.
    If that is the case, prose-
    cution of past or future violators may prevent the recurrence of such
    situations.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    IT IS THE
    ORDER
    OF THE POLLUTION CONTROL
    BOARD that:
    1.
    Petitioner
    J.
    D. Turner be granted a Variance from Rule
    962 of Chapter
    3: Water Pollution, of this Board’s Rules and Regula-
    tions for the construction and connection of a mobile home park in
    the City of Girard, Illinois, tributary to the City of Girard’s
    sanitary sewer system,
    subject to
    the following conditions:
    a.
    No more than fourteen
    (14) mobile homes shall
    be tributary to the Girard sanitary sewer system until
    the completion of Step
    III grant funded construction of
    the Girard sewage treatment plant.
    b.
    Petitioner shall maintain a pump station holding
    tank of 5,000 gallons capacity, said pumps
    to be operated
    only during periods of low flow into the Girard sewage
    treatment plant and only between 11:00 P.M. and 6:00 A.M.
    c.
    If at any time the pump station procedure affects
    the efficient operation of the Girard sewage treatment plant,
    Petitioner shall have his 5,000 gallon capacity holding tank
    pumped by other legal means until the Girard sewage treat-
    ment plant
    is capable of assuming Petitioner’s waste volume.
    25-106

    —5—
    2.
    Petitioner shall, within thirty
    (30)
    days of the date
    of this Order,
    submit a Certificate of Acceptance, in the format
    shown,
    to the Environmental Protection Agency at the following
    address:
    Environmental Protection Agency
    Control Program Coordinator
    2200 Churchill Road
    Springfield, Illinois
    62706
    CERTIFICATE OF ACCEPTANCE
    I,
    (We), _________________________
    having read
    the Order of the Illinois Pollution Control Board in
    case No. PCB 76-240, understand and accept said Order,
    realizing that such acceptance renders all terms and
    conditions thereto binding and enforceable.
    SIGNED
    TITLE
    DATE
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    fl4’~
    day of /)7i~i~(
    ,
    1977, by
    a vote of 4(~
    Christan L. Moffet~’Clerk
    Illinois Pollution Control Board
    25
    107

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