ILLINOIS POLLUTION CONTROL BOARD
    November
    8,
    1973
    RICK
    AND
    LYNDA STRUSINER
    PETITIONERS
    v.
    )
    PCB 73—352
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    RESPONDENT
    MARVIN
    A.
    MARDER,
    ATTORNEY,
    in
    behalf
    of
    RICK
    AND
    LYNDA
    STRUSINER
    LEE A. CAMPBELL, ASSISTANT ATTORNEY GENERAL,
    in
    behalf
    of
    the
    EN-
    VIRONMENTAL PROTECTION AGENCY
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by Mr. Harder)
    This
    action
    involves
    a
    variance
    request.
    Relief
    is
    sought
    from Order
    #7 of League of Women Voters
    v. North Shore Sanitary
    District, PCB
    70-7,
    12,
    13, 14, to obtain
    a connection for a pro-
    posed single-family dwelling
    to
    be built in Highland Park, Illinois.
    The
    Agency
    has
    recommended
    a
    denial
    based
    on
    the present sit-
    uation at the Clavey Road plant.
    New
    information has been received
    by the Board from the Agency.
    This information will be detailed
    later in this opinion.
    Mr. and Mrs. Strusiner purchased a vacant lot for construct-
    ion of
    a single—family residence for personal use on January 31,
    1972,
    Construction of said residence was to commence during October
    1973, with an anticipated completion date of June 1974.
    The Strus—
    iners were informed on January
    4,
    1973,
    that no permits were avail-
    able for sewer hookups and that they had been assigned on a waiting
    list,
    File No. 1204.
    Petitioners allege that they were informed
    that during
    the
    late spring and early summer 2500 additional sewer
    permits would be issued,
    due
    to the progress anticipated at the Cia-
    vey Road plant.
    Petitioners further state that on the basis of this informa-
    tion, they proceeded with their plans, wh:.ch included moving from
    their home and taking an apartment with a one—year lease.
    Petitioners claim an unreasonable hardship would be imposed
    10—49
    —2—
    upon them if the variance were denied.
    The following points are
    raised to substantiate this.
    1.
    Petitioner would suffer a tax loss if not allowed
    to complete construction of
    a new residence dur—
    ing the one-year period following the sale of
    their previously-owned residence.
    2.
    Petitioners’ existing apartment has a one—year
    lease.
    Petitioners have been informed that said
    lease will not be extended.
    This would require
    Petitioners to relocate at considerable expense.
    3.
    Petitioners allege
    the
    above two points plus
    ~-
    es and improvement charges incurred on their own~
    ership of an unimproved lot would result in costs
    in
    excess
    of
    $10,000.
    The above i~ardshipsmust be weighed against the potential harm
    to the environment caused by the issuance of a variance.
    As men-
    tioned above, new information has recently come to the Board’s at-
    tention regarding the status of the Ciavey Road plant.
    The Agency
    has reported the following:
    “Clavey Road
    Ten million gallons per day capacity is presently
    possible.
    Full secondary treatment
    (18 mgd) ex-
    pected by March
    1,
    1974.
    Advanced treatment by
    September 1,
    1975.”
    The following data is available regarding the operation of the
    Clavey Road plant for the past six months:
    FLOW
    BOD
    (mg/i)
    T.S.S.
    (mg/i)
    March 1973
    9.21
    35
    21
    April 1973
    10.31
    28
    22
    May 1973
    8.19
    30
    31
    June 1973
    7.64
    23
    20
    July 1973
    6.34
    19
    23
    August 1973
    6.33
    ii
    13
    September
    1973
    6.72
    7
    18
    Average
    7.82
    22
    21
    By February
    1,
    1974,
    an additional
    (approximately)
    2.5 mgd of
    flow will be diverted to the Clavey Road treatment plant.
    The stan-
    dards now in effect for the plant are BOD
    -
    20 mg/i,
    T.S.S.
    25 mg/l.
    It is clear that with the additional treatment capacity due on
    stream by March
    1, 1974,
    the C1~veyRoad treatment plant will have
    10
    —
    50
    —3—
    an excellent chance of meeting applicable rules and regulations.
    Petitioners’
    proposed residence will not be ready for use before
    March
    1,
    1974,
    and therefore should have no effect on the present sit-
    uation.
    At this point the sewer ban is still in effect and will continue
    to be until the Clavey Road plant has been proven to be running in
    accordance with applicable rules and regulations.
    The Board will,
    however, keep the above facts in mind
    when
    deciding variance petit-
    ions.
    The definition
    of hardship can now be relaxed to cause
    a mini-
    mal
    harm
    to
    petitioners.
    The
    Board
    wishes to make it very clear that
    the new information does not constitute an automatic variance, and
    each petition will be considered on its individual merits.
    In the instant case the Board feels that sufficient hardship has
    been
    presented
    to
    warrant
    a
    grant.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board.
    ORDER
    IT
    IS
    THE
    ORDER
    of
    the
    Pollution
    Control
    Board
    that
    Petitioners,
    Rick and Lynda Strusiner,
    be granted a variance from Order
    ~7,
    League of Women Voters
    v. North Shore Sanitary District, PCB 70-7,
    12,
    13, and 14,
    to connect
    a single--family residence to the sewer
    system
    of
    the
    Clavey
    Road
    plant.
    IT
    IS
    SO
    ORDERED.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Pollution
    Control
    Board,
    certify
    that
    the
    above
    opinion
    and
    order
    was
    adopted
    by
    the
    Board
    on
    the
    ________
    day
    of
    ~
    ,
    1973,
    by
    a
    vote
    of
    ____
    to
    O
    10—51

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