ILLINOIS POLLUTION CONTROL BOARD

September 29, 1975

AMERICAN NATIONAL BANK and

ALVIN W. DEJONG,

)

Petitioner,

)

v.

)

PCB 75—75

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM OPINION AND ORDER OF THE BOARD (by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board) upon the petition of American National Bank (Ameri-

can) for variance from Rule 962 of the Water Regulations. A

hearing was held August 13, 1975, at which time a stipula-

tion was submitted. However, the only facts stipulated as

true were: 1) that the issuance of a permit would have a

minimal effect on Wheaton’s existing sewer plant capacity;

2) that Wheaton Sanitary District plans to enlarge its sewer

plants; and 3) that Wheaton Sanitary District is a “border-

line case” in regard to compliance with current Illinois

Environmental Protection Agency standards.

The Petitioner alleged, but produced no testimony to

support its allegation, that it constructed or planned to

construct a Denny’s Restaurant relying on the representa-

tions by the Sanitary District and the Agency that it would

be able to obtain the necessary permits. No sworn testimony

was received at the hearing.

Petitioner alleges that it would an arbitrary and

unreasonable hardship to require it to expend finances to

extend the Carol Stream sanitary facilities to its premises.

This allegation standing alone will not support the grant of

a variance.

It is the Board’s Opinion that Petitioner may have

alleged a prima facie case for a variance grant. However

the evidence introduced at the hearing is too scant for the

Board to rule in Petitioner’s favor. Therefore, it is the

Order of the Board that this cause shall be, and hereby is,

remanded to the Hearing Officer and the record shall be

opened for the purpose of receiving sworn testimony concern-

ing the following issues:

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1. Whether Petitioner was mislead by the representa-

tives of the Agency or Wheaton’s Sanitary District as to the

likelihood that it could obtain a permit;

2. If Petitioner was mislead, whether Petitioner

relied on the misrepresentation in constructing its restau-

rant;

3. Whether Petitioner actually applied for a permit

from the Agency;

4. Whether Petitioner had been issued a permit for

1800 PE prior to the time it requested a permit from Wheaton

Sanitary District;

5. Whether Petitioner knew of the “sewer ban” at the

time it began construction; and

6. The Hearing Officer shall receive evidence per-

taining to the efficacy of the Petitioner’s proposed holding

tanks.

Said hearings shall be held within forty-five days of

this Order.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

th4~

~

day ~

,

1975 by a vote of

trol Board

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604