ILLINOIS POLLUTION CONTROL BOARD
    March 14, 1974
    )
    ARTHUR B. MURPHY
    )
    )
    v.
    )
    PCB 73-535
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
    Petition was filed on December 17, 1973 asking for relief
    from a sewer ban on inadequate sewers in Waukegan. A Board order
    was issued on December 20, 1974 requesting additional information
    and a reply was filed on January 17, 1974 by the Petitioner.
    The Petitioner recounts difficulties with his building
    contractor on a home at 3029 Vermont Avenue and tells of a denial
    of a septic tank permit evidently after construction had commenced
    on his house. Only a 1500 gallon holding tank was installed and
    that must be pumped out every 1-1/2-2 weeks at a cost of $30 each
    time.
    The Agency filed its recommendation on February 13, 1974.
    It states that the Petitioner was probably misled by a contractor
    into believing that a septic tank permit would be readily available.
    The land upon which the home is built is marshy and not suitable
    for septic field disposal. Reports of September 11, 1973 and
    October 12, 1973 from the Lake County Health Department were filed
    by the Petitioner and detail the site deficiencies for seepage
    fields.
    The Vermont Avenue sewer is tributary to the Judge Avenue
    sewer which has been the subject of many proceedings before the
    Board. See Immanuel Lutheran Church v. EPA, PCB 73-432, (January 3,
    1974); Vern Anderson
    v.
    EPA, PCB 73-431 (February 7, 1974). The
    Agency points oiit that dénial of the variance would continue
    to impose the high costs of 1-1/2-2 week pumpouts upon the Petitioner.
    A grant of the variance would place additional sewage on the over-
    loaded Judge Avenue sewer and create health hazards in downstream
    residences due to sewer back-ups into basements. A partial grant
    is recommended to allow a connection from the holding tank to
    the sewer with valve to be installed to prevent flow into the
    sewer until four hours after precipitation has ended.
    1~
    —591
    —2—
    The Board realizes that such a valve, if installed, may
    in fact never be used and that enforcement by the Agencywill
    be difficult. However, health hazards from sewage backups may
    cause hepatitis or polio or other water borne diseases. We
    would urge the Petitioner to not create a health hazard through
    maloperation of the required valve.
    We agree with the Agency’s third alternative. The hardship
    is self-imposed upon the Petitioner by the failure of his agent,
    the contractor, to obtain the septic tank permit (or the denial
    of it) well in advance of building his house. But the house is
    now built and occupied and the Agency’s recommendation is best
    under the circumstances.
    ORDER
    1. Variance is granted to Mr. Arthur E. Murphy to connect to
    the Waukegan sewer system at 3029 Vermont Avenue from his
    holding tank to said sewer. A valving arrangement shall
    be installed in the connecting line and shall be closed
    to prevent flow from the holding tank to the sewer during
    period of rainfall. The valve shall not be opened
    to drain the holding tank until at least four (4) hours
    after the rainfall has ended.~
    2. The Agency shall be notified of the construction of the
    connecting line and valve in advance so that it may be
    inspected prior to backfilling.
    3. Any necessary permits shall be applied for which are
    required by local authorities in order to make the authorized
    connection.
    4. The holding tank may be discontinued once the ~Agency
    certifies the Judge Avenue sewer is adequate in transport
    capacity.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board hereby certify the above Opinion and Order were adopted on th
    (‘1
    Aday of March, 1974 by a vote of
    ...?-—c
    Illinois Pollution n~::

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