ILLINOIS POLLUTION CONTROL BOARD
    December
    13,
    1973
    )
    ANNA G. BACIK
    )
    )
    )
    v.
    )
    PCB 73-433
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION AND
    ORDER
    OF THE BOARD
    (by
    Mr. Dumelle)
    On November 211, 1973, Anna G. Bacik filed a Petition for
    Variance from Order No. 7 of League of Women Voters v. North
    Shore Sanitary District, PCB 70-7, 12, 13, and 14, in order to
    obtain sewer connection permits for two proposed single family
    residences to be located in Lake County, proximate to the
    intersection of Broadview and Washington Streets, in Highland
    Park, Illinois. The Agency filed a Recommendation to deny the
    variance request on November 21, 1973.
    Mrs. Bacik alleges that
    the
    contract to sell the two lots, subject to obtaining a sewer
    permit,
    will
    expire on December 15, 1973.
    Mrs. Bacik alleges
    that because o:f the cost associated with confining her husband
    in a nursing home for the elderly, she is suffering from a financial
    crisis. The variance petition states that Mrs. Bacik and her
    husband raised and sold flowers on the lots in question, deriving
    a substant:ial portion of their annual income from the proceeds
    of the sale of these flowers. Because Mr. Bacik has been confined
    to a nursing home, Mrs. Bacik alleges that she has not been able
    to raise and sell the flowers on the two lots. She therefore
    alleges the need for the revenue of the sale of the two lots to
    avert a financial crisis.
    The proposed sewer connections would presently be tributary
    to the Gary Avenue Sewage Treatment facility. however, dry weather
    flows from the Cary Plant will be diverted to the
    Clavey Plant
    no later than I)ecember 1, 1973. Total flows from the Gary Plant
    are scheduled for diversion by July 1, 1974. Thus, when the proposed
    homes are ready for connection, the connection will be made to the
    Clavey Road Sewage Treatment Plant. Data furnished by the Agency
    shows that during September, 1973 the Clavey Road Sewage Treatment
    Plant effluent averaged 7 mg/l BO1) and 18 mg/i suspended solids.
    10 —361
    -7-
    The Agency objects to the connection regardless of
    Clavey’s present treatment levels and regardless to the expansion
    of secondary treatment to 18 mg/I MGI) expected by March 1, 1974
    at the Glavey plant. The Agency states that the diversion program
    being implemented to divert flows from Lake Bluff, Lake Forest,
    and the Lakefront plants to Clavey on or about February 1, 1974,
    may again overload the Clavey plant.
    The Agency notes that when
    the plant expansion 18 mg/i
    MCD in March,
    1974 is completed, addi-
    tional connections may be
    permitted. The Agency believes that
    additional sewer connect:ions should not be allowed until the Clavey
    Plant has exhibited proper operation at sufficient capacity.
    The Agency objects to the grant of a variance stating that
    Mrs. Bacik’s hardship is only temporary in nature. Mrs. Bacik
    has alleged that the confinement of her husband to a nursing
    home is for an indefinite period. The Board implied in Roach
    V.
    Environmental Protection Agency, PCB 73-324, November 1, 1973,
    that it could grant a variance to a petitioner to enable a
    petitioner to sell a vacant lot with a sewer connection permit.
    The Agency
    objected in
    Roach stat:ing that a variance does not run
    with the land and it has again raised this objection.
    Because Mrs. Bacik is suffering a financial hardship due to
    the confinement of her husband and the limitation on her income
    resulting from her husband’s confinement in a nursing home, the
    Board feels that a variance is warranted.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    The Board hereby grants to Mrs. Anna G. Bacik a variance in
    order to obtain sewer connection permits for the two proposed single-
    family residences.
    IT IS SO ORDERED.
    Dr. Odell abstained.
    I, Ghristan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Op:inion and Or er were adopted on the
    /2~’~day of December, 1973 by a vote of
    —~
    Illinois Pollution
    rol Board
    10
    —362

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