ILLINOIS POLLUTION CONTROL BOARD
    June 13, 1974
    MR. AND MRS. RAY MARRE,
    Petitioner,
    vs.
    )
    )
    PCB 74-96
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION
    !N0
    ORDER OF
    THE
    BOARD (by Mr. Seaman):
    On March 18, 1974, Mr. and Mrs. Ray Marre filed a petition for variance,
    seeking therein relief from Order #7 of League of Women Voters v. North
    Shore Sanitary District, PCB 70-7, 11, 12, 13 and 14 in order to allow a
    sewer connection for a newly constructed building designed to house a
    combination used car lot and automobile repair shop located at Green Bay
    and Central Roads in Waukegan, Illinois. The subject building allegedly
    cost $50,000.00
    The proposed connection sought by Petitioners would be tributary to
    the Clavey Road sewage treatment plant. The Pollution Control Board entered
    an Order in North Shore Sanitary District v. Environmental Protection
    Agency, PCB 73-134, January 31, 1974, allowing additional connections to
    the improved Clavey Road plant upon the condition that no connection should
    be allowed before July 1, 1974.
    Petitioners allege that an assurance from an unnamed party led them
    to believe in July of 1973 that sewer ~ermitswould be available in two
    weeks. Upon this assurance, Petitioners obtained financing and constructed
    the building for which this Variance is sought.
    Petitioners allege that the building has now been completed and that
    their failure to acquire a sewer connection permit imposes an arbitrary
    and unreasonable hardship upon them. Petitioners state that relief is
    necessary or they may lose their sizable investment.
    While we cannot condone Petitioner’s decision to build in the face
    of the ban, and find that Petitioner’s hardship is to some extent self-
    imposed, we are satisfied from the circumstances that Petitioners~
    erroneously, but without bad faith, acted in reliance upon assurances
    which proved incorrect. Since the building is completed and only one
    washroom is involved, we are disposed to grant this variance.
    This Opinion constitutes the findings of fact and conclusions of law
    of the Board.
    12—523
    —2-
    IT IS THE ORDER of the Pollution Control Board that Petitioners,
    Mr. and Mrs. Ray Marre, be granted a variance from Order #7 of
    League of Women Voters v. North Shore Sanitary District, PCB 70-7,
    TI, 12, 13 and 14 to allow a sewer connection for the subject property.
    The Board further orders that the North Shore Sanitary District
    subtract Petit~ioners’ population equivalent from the total population
    equivalent granted to the District in North Shore Sanitary District v.
    EPA, PCB 73—134.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, certify that the above Opinion and Order was adopted on this
    /3
    ~“
    day of
    __________________,
    1974 by a vote of

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