ILLINOIS

POLLUTION

CONTROL

BOARD

June

9,

1977

ELMER

and

MARIAN

SCHLEMNER,

Petitioners

v.

)

PCB

77—3

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Dumelle):

This

matter

comes

before

She

Board

on

a

Petition

for

Variance

filed

by

the

Petitioners

on

January

3,

1977.

On

January

6,

1977

the

Board

found

the

Petition

inadequate and

ordered

Additional

Informa-

tion

be

provided~

On

February

3,

1977 an

Amended

Petition

for

Variance

was

filed

in

response

to

the

Board~s

OrderS

This

Amended

Petition

was

further

amended

in

a

letter

to

the

Board

from

the

Peti-

tioner

which

was

filed

on March 25,

1977.

The

variance

is

requested

to

allow

sewer

service

to be provided to thirteen lots

owned

by

Petitioners

in

the Village

of Dupo.

Dupo was placed on

Restricted

Status by the

Agency on February

6,

i976~ and

Petitioner

is seeking

a variance from Rule 962(a)

of Chapter

3:

Water

Pollution of the

Board’s Rules and

Regulations..

On

April

7,

1977

the

Agency filed

its

Recommendation

that

the

variance

be

granted

for

all

thirteen

lots.

The

complete

record

in

PCB

76—63

was.

stipulated

into

this pro-

ceeding

because

it

concerned

these

same

Petitioners

in

a

prior

variance proceeding

involving

this

same

subdivision.

Petitioners

have

demonstrated

hardship

in

that

they

have

shown

additional

mortgage

expenses

and

construction

delays as a result of

the Agency-imposed

Restricted Status on the

Village of Dupo.

The

Agency’s Response

confirms She

Petitioners~ claim that the Village

of Dupo

is partly

to

blame

for

the Petitioners’

plight by applying

for a new permit

instead

of

seeking an extension of its present

sewer permit.

2b

—

701

---

--2—

The latest projected completion date for the Village of Dupo’s

improved sewage treatment plant is August 1978.

Granting the Peti-

tioners’ variance request would not affect this date.

No significant

additional environmental harm should be expected from the connection

of Petitioners’

thirteen lots because of the size and flow of the

Mississippi River, which

is the receiving stream for the Village’s

wastewater.

Denial of a variance for the Petitioners’

thirteen lots would

constitute an arbitrary and unreasonable hardship.

This Opinion constitutes the Board’s findings of fact and

conclusions of law.

ORDER

Petitioners Elmer and Marian Schiemmer are hereby granted a

variance from Rule 962(a)

of Chapter

3:

Water Pollution of the

Board’s Rules and Regulations

to allow the connection of Petitioners’

thirteen lots in the Schiemmer Subdivision to the Village of Dupo’s

sewer system.

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

~9~day

of~j~,

1977 by a vote of

~

Illinois Pol

1

Board

9r~

—