ILLINOIS POLLUTION CONTROL BOARD

August

5,

1976

FIRST NATIONAL BANK OF SPRINGFIELD,

)

Trustee of Trust No.

3010

)

)

Petitioner,

v.

)

PCB 74—298

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr.

Dumelle):

This matter comes before the Pollution Control Board

(Board)

upon the decision of the Fourth District Appellate Court of

Illinois reversing the Board’s Opinion and Order of December

19,

1974

in the above-cited case and remanding the case back to the Board.

The, instant matter involved a variance petition filed by the

First National Bank of Springfield seeking relief from an Environ-

mental Protection Agency

(Agency)

sewer ban on Springfield Sanitary

District sewers.

The facts of the case were thoroughly outlined

in

the Board’s original opinion

(14 PCB 723) and will not be reiterated

here.

The Board denied without prejudice Petitioner’s request for

variance.

On appeal, however,

the Fourth District Appellate Court found

that the Board’s denial of the variance by reason of hardship was

arbitrary and unreasonable.

Based upon the Court’s decision,

the

Board now finds that denial of the requested variance would impose

an arbitrary and unreasonable hardship upon Petitioner.

Petitioner is,

therefore, granted variance from the Agency-

imposed sewer ban on connections

to the Springfield Sanitary

District sewers

to allow connection of four apartment units known as

Westbrook Phase II to the Springfield Sanitary District sewer system.

IT

IS

SO ORDERED.

Mr. Young abstained.

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—2—

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above the Order was adopted on the

~“~“

day

of August,

1976 by

a vote of

4—0

Illinois Pollution

Cj

Board

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