ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    November
    10, 1976
    ARLAN R
    •
    JOHNSON,
    )
    )
    Petitioner,
    )
    )
    )
    v.
    )
    PCB 76—176
    )
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY)
    )
    Respondent.
    OPINION
    OF
    THE
    BOARD
    (by
    Mr.
    Duinelle):
    This
    matter
    comes
    before
    the
    Board
    on
    a
    Petition
    for
    Variance
    filed
    on
    June
    17,
    1975
    by
    Mr.
    Arlan
    R.
    Johnson
    (Petitioner).
    Petitioner
    seeks variance to construct an extension of an 8—inch sanitary sewer
    to hook up a new home owned by Mr. and Mrs. Dale Bailliez onto
    the Hanna City,. Illinois sewage treatment system.
    The variance is
    necessary due to the fact that the Hanna City plant has been on
    Agency restricted status since early in 1974.
    The Agency filed its Recommendation on October 14, 1976 after
    the Petition had been
    amended
    by additional information on August 2,
    1976.
    No hearing has been held in this matter.
    The Agency Recommends
    that the instant Petition be denied.
    The Board has reviewed the information suhuitted, including
    the letter filed by Mr. and Mrs. Bailliez on October 20, 1976
    and finds that compliance with Rule 962(a) of the Board’s Water
    Regulations would place upon Mr. and Mrs. Bailliez an arbitrary
    or unreasonable hardship.
    Order was entered October 28,
    1976.
    In this case the hardship upon Mr. Johnson has been primarily
    self-imposed by building homes in an area under restricted status
    since early 1974.
    Construction was not even begun until July 26,
    1976.
    The Petition states that the Hanna City Sewage Treatment Plant
    should be rehabilitated by December of 1977.
    At that time it is
    presumed that the current restricted status’ will be lifted.
    The
    hardship, then, upon which this variance was requested is a delayed
    24—241
    —2—
    hook—up.
    Mr.
    ~ohru;un
    h~i~
    no~ duionri
    rd
    (‘(1
    t:trit
    thi
    1i~irdshi~,
    upon
    himself
    is
    either
    arbitrary
    or
    unreasonable
    when
    weighed
    aaainst
    the necessity
    of
    rnaintaininq
    the
    integrity
    of
    a
    restricted
    status.
    However,
    the Board does find that an unreasonable hardship would
    result to the Bailliez family 1~this variance were denied.
    Denial
    of
    a variance would force Mr. and Mrs. Bailliez
    to spend up
    to
    $2,000.00
    for
    a septic tank or holding tank to act as
    a
    temporary
    measure until
    the restricted status is
    lifted.
    Further, Mr. and
    Mrs. Bailliez
    have
    already sold their present home and may have
    to vacate
    in early November,
    In finding an unreasonable hardship
    to exist
    in this case,
    the Board is acting upon the particular
    facts
    and circumstances presented by this cause.
    The Agency has chosen
    not to rebut any of
    the
    statement made in the Bailliez letter
    filed October
    20,
    1976.
    Further,
    the Board
    is not aware of any
    facts which require the conclusion that the self-imposed nature
    of Mr. Johnson~shardship must necessarily he inputed
    to Mr. and
    Mrs. Bailliez.
    To do so the Board would have
    to assume that
    Mr. and Mrs.
    Bailliez were fully aware of the fact that they were
    taking the risk of not having a home to
    live in until
    1978 or
    having
    to pay $2,00O~0O (two months income)
    for a system which
    will
    be abandoned
    in I978~
    This Oninion constitutes the Board~sfindinqs of fact and
    conclusions of
    law,
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois
    Pollution C
    ntrol
    Board, hereby certify the above Opinion was adopted on the
    J~
    day
    of
    November,
    1976
    by
    a
    vote of
    ~
    _____
    Christan L. Moffett~~erk
    Illinois Pollution ~i’itrol Board
    24
    —
    242

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