ILLINOIS POLLUTION CONTROL BOARD

June

9,

1977

ANTHONY J.

CASALINO,

Petitioner,

v.

)

PCB 77-81

ENVIRONMENTAL PhOTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

On March 14, 1977 Petition for

Variance

was filed on behalf of

Anthony

J.

Casalino apparently requesting a variance from Rule 962

of Chapter

3:

Illinois Water Pollution Regulations

(Regulations).

The purpose of the requested variance

is to allow the construction

of two single family residences tributary to the Addison South Treat-

ment Plant which

is now on Restricted Status pursuant

to Rules 604

and 962 of the Regulations.

No hearing having been held in this matter the record the Board

must consider consists of the Petition and the Agency Recommendation.

Taking all allegations

in the variance petition as true,

nowhere

in

this record can the Board find any arbitrary or unreasonable hardship

imposed upon Petitioner if we refuse to grant his Petition.

The only

allegation of hardship by Petitioner

is that should he decide to build

on his two empty lots at the present time,

he would be forced to in-

stall a private septic system.

Balanced against that alleged hard-

ship is a hydraulically overloaded sanitary treatment plant

discharging into Salt Creek which the Agency classifies

as biologi-

cally unbalanced upstream from the Addison discharges and biologically

polluted downstream therefrom.

Absent any hardship beyond inability

to connect his lots to the Addison Sanitary system, the Board must

find that Petitioner has failed to meet his burden and that the

biologically polluted status of Salt Creek and the overloaded condi-

tion of the Addison Sanitary Treatment Plant precludes the granting

of the proposed sewer extension.

This Opinion constitutes the findings of fact and conclusions of

law of the Board in this matter.

25

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735

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ORDER

It

is the Order of the Pollution Control Board that the Petition

for Variance made on behalf of Anthony

3.

Casalino be and is hereby

denied.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order si~ere adopted on the

q-#-~

day

~

,

1977 by a vote of

.S-o

Christan L. Moff~J1Clerk

Illinois Pollutiofr~ontrolBoard

25

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