ILLINOIS POLLUTION CONTROL BOARD

March

21, 1974

DONALD B.

POTTER,

Petitioner,

vs.

)

PCB 73—560

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION

AND

ORDER OF THE BOARD (by Mr. Seaman):

Donald B.

Potter

(hereinafter Petitioner)

filed a Petition

For Variance with the Environmental

Protection

!kgency (hereinafter

Agency)

on December

27,

1973.

Petitioner requests

a variance from Orders

#6(c)

and 6(d) of

North Shore Sanitary District

v.

Environmental

Protection Agency,

PCB 71-343,

in order to obtain

a sewer connection

for

a single

family dwelling located in the City of Waukegan,

in Lake County.

Iii an order dated January 3,

1974,

the Pollution Control

Board

requested additional

information from the Petitioner.

The information

was never received; however, the Agency has provided the information

necessary for

a decision on

this matter.

Petitioner

is the owner of the building in question.

It is

presently rented

to

a blind tenant with

a family of six.

The proposed connection would

be tributary to the Northeast

sewer which

is classified

by the Agency as hydraulically overloaded

and inadequate

to transport additional

wastewater

loads.

This sewer

is subject to excessive flows from stormwater runoff during periods

of wet weather, which result in the bypassing of untreated wastes

into an unnamed drainage ditch via

a constructed bypass discharge line.

During excessive flow periods,

raw wastes

are often displaced into the

basements of residences connected to the subject sewer because of

sewer backups.

The Agency is aware of no plans

by the City of Waukegan,

owner of the subject sewer,

to correct this problem.

We are concerned

by the City’s lack of action

in response to

a patent health hazard.

The Agency believes that absent

a showing

of arbitrary or unreasonable

hardship, connections

to the Northeast sewer should not be permitted

until such time

as the sewer ~isfound

to have sufficient hydraulic

capacity.

11

—639

---

-2-

Petitioner alleges that the septic tank system serving

the dwelling

is malfunctioning due to the heavy usage by

the blind tenant’s family of

six, thereby causing sewage

odor in the tenant’s dwelling and the possibility that the

sewage seepage could contaminate

a nearby well

that serves

the building.

On November 9, 1973 the Lake County Health

Department conducted

a field evaluation

of Petitioner’s

septic tank system which revealed

the malfunctioning of the

system due to severe clay soil limitations

and the heavy

usage of the septic system by the tenants.

It was concluded

that the malfunctioning has created an obvious health hazard.

Petitioner further alleges that

a sanitary systems

contractor has advised him that the only practical solution

to the problem would

be connection

to the Waukegan sewer

system.

The Agency believes Petitioner’s case presents suf-

ficient hardship to justify the grant of the variance.

The

Pollution Control

Board has granted variances pursuant to

Agency recommendations

in cases such as the present one where

a petitioner has conclusively shown that

a public health

hazard exists

in regard

to the operation of

a septic system

and this health hazard cannot be eliminated

through

improved

maintenance or relatively minor repairs of the system (See

e.g. Elsa J.

Miller v.

EPA, PCB 73-43; James Clark

v.

EPA,

PCB 73—38; Winsor

v.

EPA,

PCB 71—334; Robert

J.

Bartell

V.

EPA,

PCB

72—382;

and John and James

Gibbs

v.

EPA, PC8 73-472.)

Petitioner has adequately shown that the septic system cannot

be repaired so as

to operate effectively and that the present

operation of the system constitutes

a public health hazard.

We agree.

This Opinion constitutes the findings of fact and conclusions

of law of the Board.

IT

IS THE ORDER of the Pollution Control

Board that:

Petitioner be granted

a variance to obtain

a sewer

connection for asingle family dwelling located at 3505 North

Lewis Avenue

in the City of Waukegan.

I,

Christan

1..

Moffett,

Clerk

of the Illinois Pollution Control

Board, certify that the ab ye Opinion and Order was adop ed

on this

~

day of

_____________,

1974 by

a vote of

—0

~4L&