ILLINOIS POLLUTION CONTROL BOARD

May 26,

1977

ORCHARD

& VINE CORPORATION,

)

(L~RRABEE

NORTH COURT APARTMENTS),

Petitioner,

v.

)

PCB 77-65

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 the Orchard

& Vine Corporation on February 25,

1977.

Pursuant to a formal Objection filed by Respondent Environmental

Protection Agency

(Agency),

the Board entered an Interim Order on

March 17,

1977,

setting the matter for hearing.

The Board entered

additional Interim Orders on April 28,

1977

(granting the Agency

an extension of time

in which to file its Recommendation), and on

May 12,

1977

(granting the Agency leave to withdraw its Objection

in this matter).

The Agency’s Recommendation was filed with the

Board on April 22,

1977.

No hearing was held in this matter.

Petitioners seek variance from Rule 602(a)

of Chapter

3:

Water

Pollution, which prohibits the construction of new combined sewers.

Petitioners wish to construct such sewers to service a proposed

14—building, 166-unit apartment complex, which will be tributary

to existing combined sewers of the Metropolitant Sanitary District

of Greater Chicago

(MSD).

The facts in this matter and the Agency’s Recommendation are

essentially identical to those in another matter decided today:

Near North Development Corp.

v. EPA, PCB 77-78

(May 26,

1977).

On

the same baifs that we determined that the grant of that variance

was warranted, we shall grant the Petition in this case.

We find

that the MSD’s tunnel and reservoir project constitutes an acceptable

compliance plan,

and that there is not likely to be measurable

environmental damage as a result of this variance grant.

This Opinion constitutes the findings of fact and

conclusions

of law of the Board in this matter.

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595

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ORDER

IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that Petitioner

Orchard

& Vine Corporation be granted

a Variance from Rule 602(a)

of Chapter

3:

Water Pollution,

to allow the installation of new

combined sewers to service a 14-building, 166—unit apartment complex

to be located

in the City of Chicago and tributary to the existing

sewers of the Metropolitan Sanitary District of Greater Chicago.

Mr. Jacob D. Dumelle will file a supplemental statement.

I, Christan

L. Moffett,

Clerk of the Illinois Pollution

Control Board,

hereby certify the above Opinion and Order weçe

adopted on the ~

day of

,

1977,

by

a vote of

~

Christan L.Moff

Clerk

Illinois Pollutio

ntrol Board

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