ILLINOIS POLLUTION CONTROL BOARD

September 12,

1974

J,

RUSSEL

MILLER

PCB 74~23O

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

Petitioner filed a Variance Petition on June

17, 1974 seeking

relief from Order

#7

of Leaaue of WomeA Voters

•v, North Shore

Sani~y~~strif~,

PCB ~

tne c~nnectionof

~

building to the North Chicago,

Illinois

sewer system,

On August

8,

1974 the Board entered an Order which

required Petitioner

to file an Amended Petition for Variance on

or before September 11,

1974 which would comply with Procedural

Rule 401 regarding

the information required to be included in a

Petition for Variance.

On July

29,

1974 the Agenby filed

a

Recommendation to deny Petitioner’s Variance request.

The Board has decided to deny Petitioner’s Variance request

because of failure to comply with the “more information” Order

dated August

8,

1974 and because Petitioner’s request fails

to

adequately state grounds on which

a variance should be granted.

Petitioner has presented no information concerning

the date of

start of construction of the proposed building or degree of

completion of said construction.

Petitioner alleges

that he has

incurred a ugreat expense” but does not present

any

information

as

to the amount of the “great expense”.

In addition, Petitioner

has constructed two commercial

buildings on the land in question

which should reduce the amount of the alleged “great expense”.

Petitioner has not presented the

thard with any information on the

amount of cost to be incurred in the event Petition was denied

and Petitioner was forced to install

a holding

tank or septic

system other than the “costly expense

in comparison with

a sewer

hookup~”

In denying Petitioner’s request without prejudice,

Petitioner

is free

to refile an adequate Variance Petition which meets the

requirements

of Rule 401 of the Procedural Rules.

This Opinion constitutes

the Board~sfindings

of facts

and

conclusions of law,

13—601

---

-2-

ORDER

Petitioner’s Variance request

is hereby denied without

prejudice.

IT

IS SO ORDERED.

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

Boa~’d, hereby certify the above Opinion and 0

der were adopted on the

~

day of September,

1974 by

a vote of

—~

Illinois Pollution

ntrol Board