ILLINOIS POLLUTION CONTROL BOARD

January 10, 1974

KENNETH H. HANSON,

Petitioner,

vs.

)

PCB 73—442

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

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

On October 19, 1973, Petitioner, Kenneth H. Hanson,

a resident of Lake Forest, County of Lake, Illinois,

filed his Petition for Variance requesting relief from

Order #7 of League of Women Voters v. North Shore Sanitary

District, PCB 70—7,

12,

13 and 14, to allow connection

ofhis single-family residence to the Lake Forest sewer

system, which is tributary to the Clavey Road sewage

treatment plant of the North Shore Sanitary District.

Petitioner’

s residence is currently served by a

septic

tank System. Petitioner alleges that his septic

tank system is inadequate

and that it has backed up

on four separate occasions within the last year. Petitioner

aleges further that

it is ~impossible’

to prevent such

backups because of “existing conditions” of the septic

tank and the age thereof. Petitioner submits no further

information regarding the alleged

impossibility, nor does

he describe with particularity

the existing conditions

of the septic tank, other than to allege that, during

rains,

said septic system becomes flooded by ground water.

There is no indication

that the subject septic system

cannot be inexpensively

repaired,

or that inexpensive

repairs would not suffice as a long—term solution to

Petitioner1s

problem.

The Board has granted variances in cases similar to

the present one where a Petitioner

has shown that a) a public

health hazard exists in regard to the operation of the

subject septic tank system in its oresent condition,

and

b) this health hazard cannot be eliminated

through the

improved maintenance or :celatively minor repairs of the

subject septic tank system.

(See e.g. Miller v. Environmental

10— 631

---

—2—

Protection Agency, PCB 73-43; Clark v. Environmental

Protection Agency, PCB 73-38; Winsor

V.

Environmental

Protection Agency, PCB 71-334; and Bartell v. En-

vironmental Protection Agency, PCB 72-382.) The ~resent

case is distinguishable from those cited above since

Petitioner has failed to show that a health hazard

presently exists and that even if a health hazard did

exist that it could not be easily eliminated.

It is clear, therefore, that the Petition herein

is inadequate in that it fails to allege sufficient facts

to enable this Board to adopt a reasoned decision. The

Petition is denied without prejudice.

Further, Petitioner’s attention is directed to

North Shore Sanitary District v. Environmental Protection

Agency (PCB 73-134), decided on January 10, 1974, wherein we

granted the District permission to issue 2,000~permits

(8000 P.E.) authorizing connection t~its Clavey Road Plant,

subject to certain conditions.

Petitioner’s cause, therefore, has become moot,

since the basis of his Petition is that permits for sewer

connections are unavailable. Petitioner is urged to file

with the North Shore Sanitary District application for permit

to connect as soon as~possible.

We note that PCB 73-134 would not foreclose a

petitioner from requesting a variance to complete connection

prior to July 1, 1974, based on a showing of hardship and

urgency, since our Order in PCB 73-134 specifically states

that connections permitted thereunder shall not be made prior

to July 1, 1974.

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

the Petition for Variance of Kenneth H. Hanson be denied

without prejudice.

IT IS SO ORDERED.

Mr. Hengs was not present.

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

Control Board, certify that the above Opinion and Order was

adopted on this

/~.1’t

day of

______________,

1974 by a

vote of ~_N

.

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~1

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