ILLINOIS POLLUTION CONTROL BOARD

February 21, 1974

BRUCE C. AND LAURELLE D. DOERING,

Petitioners,

v.

)

PCB 73—537

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Henss)

Petitioners Bruce C. and Laurelle D. Doering seek a variance

from Order No. 7 of the League of Women Voters vs. North Shore

Sanitary District, PCB 70-7, 12, 13 and 14 in order to permit a

sewer connection for a single family dwelling located at 414

Rockefeller Drive, Lake Forest, Illinois. The proposed connection

would be tributary to the Sanitary District’s Clavey Road sewage

treatment plant.

The Sanitary District refused to give the Doering’s a sewer

permit in June 1973. However, Petitioners uwere informed that by

October 1973, the permits should be available due to the increased

capacity of thu Ciavey Road Plant’~. (Variance Petition p. 1)

Relying on this :info~mation, Petitioners began construction of the

dwelling in mid--July 1973.

Since JuJy 1073 Petitioners have been living in an apartment

at a cost of $409 per month. They are incurring expenses from

month to month for the storage of furniture and appliances and

for interest on the construction loan. These expenses have caused

Petitioners to experience a financial strain.

The Doerinqs have filed a letter with the City of Lake Forest

stating that they will not occupy the home until sewer facilities

are available or a septic system is installed, Petitioners now

claim that Lhey cannot afford to spend $3000 for a septic system

which woud be only a temporary installation. The Lake County

Health Department has labeled the soil in the area as “severe”

indicatiun that the high clay content of the soil would reduce

efficthnc~ of any septic system. An additional drawback to the

septic system would be the destruction of trees and bushes which

Petitioners contend “are the beauty and essence of the area”.

11—345

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The Agency recommends granting the variance on the condition

that Petitioners show (1) that a septic system would not be

practical and (2) that Petitioners actually relied on NSSD assur-

ances that permits would be available. The Agency has failed to

deny Petitioners’ allegations regarding the septic system or their

allegations that they relied on NSSD assurances regarding the

availability of permits. We have no reason to doubt Petitioners’

veracity.

The Doerings should not have relied upon NSSD predictions

regarding future availability of sewer permits. Their mistake

however, is understandable. They state that they did. not learn

of the variance procedure until December 7, 1973 and immediately

filed this request for variance with the Board.

We have already determined that 2,000 additional sewer con-

nections (8,000 population equivalence) will be available to the

North Shore Sanitary District July 1, 1974. (See: NSSD vs. EPA,

PCB 73-134) The Clavey Road plant is adequate to handle the

Doering effluent and it will serve no useful purpose to postpone

their connection from February 1974 to July 1974.

In many respects this Petition is similar to that of Rune and

Wenche Ericksson, PCB 73-459. In that case we held that the

financial plight of doui~1eliving expenses in addition to other

problems could be adjudged an arbitrary and unreasonable hardship.

We believe that tile Doerings have made a similar showing in this

case, and. will allow the variance.

ORDER

It is the Order of the Pollution Control Board that Bruce C.

and Laurelle D. Doering be granted variance from Order No. 7 of

the League of Women Voters vs. North Shore Sanitary District, PCB

70-7, 12, 13 and 14 SO that they may secure a sewer connection permit

for a single family dwelling in Lake Forest, Illinois. This sewer

connection shall be counted as one of the 2,000 connections authorized

in NSSD vs. EPA, PCB 73—134.

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

Board, hereby certify t e above Opinion and Order was adopted this

___________day ~

1974 by a vote of ___to ~