ILLINOIS POLLUTION CONTROL BOARD
    September
    29,
    1975
    GLENN
    E.
    & JOAN
    B.
    JURGENS,
    )
    Petitioners,
    v.
    )
    PCB 75—195
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE
    BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the May
    7,
    1975, petition and August
    6,
    1975
    amended petition of Glenn
    E.
    and Joan B. Jurgens
    (Jurgens)
    for variance from Rules
    951 and 962 of the Water Regulations
    (formerly Rules
    901 and 921).
    The Environmental Protection
    Agency
    (Agency)
    filed its amended recommendation on September
    5,
    1975.
    Jurgens bought a nine acre parcel of real estate
    within the city limits of Carthage, Illinois,
    in May of
    1974.
    Subsequent to the purchase,
    Petitioner constructed a
    four
    unit apartment duplex type building designed for up to
    fifteen
    P.E.
    Although they were advised by the Agency that
    no construction permit was needed if a septic tank was
    constructed, the Jurgens decided to connect the building to
    the sewer system of Carthage.
    This decision was made because
    septic tanks had proved unsatisfactory in operations north
    of this property.
    Due to soil conditions
    in the area,
    seepage
    to the top of the soil is possible, causing unsanitary
    conditions and an unpleasant odor if septic tanks are used.
    At the time Petitioners constructed the sewer connection,
    they were unaware that the Carthage Treatment Plant was on
    restricted status due to overload conditions.
    The Jurgens
    spent $16,200.00 to construct the following sewer facility:
    Approximataly 750’
    to 800’
    8” V.C.P.
    sewer pipe;
    Approx.
    650’
    of
    4” cast iron force main;
    lift
    station with
    2
    -
    4” submersible pumps, Model #SE
    874-6M, each pump rated
    at
    200
    gal. per mm.
    at
    38
    ft.
    head W/2
    -5
    H.P.
    1140 RPM,
    230
    Volt
    60
    cycle
    3
    phase motors,
    other attachments including high
    water alarm
    (Pet.
    2).
    18
    —
    634
    —2—
    The Jurgens were also unaware that an Agency issued
    construction permit was needed before they could construct
    the sewer system.
    On or about March 27, 1975, Petitioners
    received a letter from the Agency stating that their construction
    without
    a permit violated the Board’s Regulations,
    and that
    Carthage City was on restricted status.
    The Agency recommendation states that Carthage City has
    accepted a bid for the construction of a new treatment
    facility, said construction to begin by October
    1,
    1975,
    and
    completed by June
    1,
    1976.
    Also, the existing treatment
    plant is receiving better maintenance than in past years.
    Petitioner spent $15,000.00 for the real estate and
    $94,000.00
    to construct the apartment building.
    They allege
    that without the rent from the seven tenants who reside in
    the building, they would not be able to meet their monthly
    mortgage payments of $650.00.
    Petitioners have investigated the possibility of installing
    a septic tank and till seepage field.
    Besides the possible
    health effects,
    such a system would cost the Jurgens an
    additional $8,000.00.
    Although prior construction is not in and of itself a
    sufficient hardship to cause the Board to grant a variance,
    the Board finds that in this case,
    in view of the extra
    expenditures which would be required for a one year period,
    the Petitioner has stated sufficient hardship to warrant the
    granting of a variance.
    Therefore the Board will grant the
    Jurgens a variance from Rules 951 and 962 of the Water
    Regulations, provided that the occupancy rate remains at
    seven persons until the new treatment facility is constructed
    and a certificatien is executed.
    This Opinion constitutes the findings of fact and
    conclusions of law
    of
    the Board in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that:
    1)
    Glenn
    E.
    Jurgens and Joan B.
    Jurgens are granted
    variance from Rules 951 and 962 of the Water Regulations as
    they apply
    to the sewer system constructed by Jurgens and
    connected to the Carthage City Sewage System; and
    18
    —
    635
    —3—
    2)
    Petitioner’s occupancy rate of the property heretofore
    described shall be limited to seven persons until the City
    of Carthage completes construction of its new sewer treatment
    plant and the City is no longer on “restricted status”; and
    3)
    Within 28 days of the adoption of this Order,
    the
    Petitioner shall exacute and forward to both the Illinois
    Environmental Protection Agency, Manager, Variance Section,
    2200 Churchill Road,
    Springfield, Illinois
    62706 and the
    Pollution Control Board a Certification of Acceptance and
    agreement to be bound to all terms and conditions of this
    variance.
    The form of said certification shall be as follows:
    CERTIFICATION
    We, _______________________ having read and fully
    understanding the Order of the Illinois Pollution Control
    Board in PCB 75-195 hereby accept said Order and agree to be
    bound by all of the terms and conditions thereof.
    Signed _______________________
    Title ________________________
    Date __________________________
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above 0 in~onand Order
    were adopted on the
    _________
    day of
    _________
    1975 by a
    vote of
    g-0
    C ristan
    L. Mof
    Clerk
    Illinois Polluti
    Control Board
    18— 636

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