ILLINOIS POLLUTION CONTROL BOARD
    January
    17,
    1974
    N.
    R.
    SMITH,
    )
    vs.
    )
    PCB 73—138
    ENVIRONMENThL PROTECTION AGENCY
    GUY VITI,
    )
    VS.
    )
    PCB 73—453
    ENVIRONMENTAL PROTECTION AGENCY
    LEO H.
    ANDERSON,
    )
    VS.
    )
    PCB 73—455
    ENVIRONMENTAL PROTECTION AGENCY
    HENRY
    L.
    & CAROL LOUISE
    A. KOHN,
    vs.
    )
    PCB 73—473
    ENVIRONMENTAL PROTECTION AGENCY
    ARTHUR M.
    GOEBELT,
    vs.
    )
    PCB 73—476
    ENVIRONMENTAL PROTECTION AGENCY
    )
    KENNETH
    P.
    SCHACK,
    vs.
    )
    PCB 73—479
    ENVIRONMENTAL PROTECTION AGENCY
    EARNEST BRAN,
    VS.
    )
    PCB 73—524
    ENVIRONMENTAL PROTECTION AGENCY
    MICHAEL BRENNER,
    vs.
    )
    PCB 73—526
    ENVIRONMENTAL PROTECTION AGENCY
    10
    —
    649
    —2—
    ELVERA BAKER FITZGERALD,
    vs.
    )
    PCB 74—7
    ENVIRONMENTAL PROTECTION AGENCY
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Dumelle):
    Each
    of
    the above—captioned
    causes has been examined
    in the light of our recent Opinion and Order in North Shore
    Sanitary District
    v.
    Environmental
    Protection Agency
    (PCB 73-134)
    decided on January
    10,
    1973, wherein we granted
    the District
    permission to issue 2,000 permits
    (8000 P.E.)
    authorizing
    connection to
    its Clavey Road Plant,
    subject to certain
    conditions.
    All of the subject causes are petitions
    for variance from
    our Order in League of Women Voters,
    et
    al.
    v.
    North Shore
    Sanitary District,
    PCB 70—7,
    12,
    13 and 14 wherein the District
    was prohibited
    from issuing permits for additions
    to present
    sewer connections,
    or new sewer connections,
    to its facilities.
    It
    is apparent,
    therefore,
    that the causes have been rendered
    moot,
    since the basis
    of each petition is that
    permits
    for
    sewer connections are unavailable.
    Petitioners
    in the subject
    causes are 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 arbitrary
    or unreasonable
    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.
    In our examination of the subject causes, we have given
    special attention to an analysis of any facts alleged which
    might justify the grant of a variance due to extreme urgency.
    The above captioned causes are those in which such urgency
    was not found.
    Petitioners are advised, however, that if they feel
    their particular circumstances justify
    a variance to permit
    immediate connection
    (prior to July
    1,
    1974)
    they may again
    petition this Board for variance,
    setting forth those
    special circumstances.
    Each of the above-captioned causes is, hereby dismissed
    as moot, without prejudice.
    IT IS SO ORDERED.
    10—f51
    —3—
    I,
    Christan
    L.
    Moffett, Clerk
    of the Illinois
    Pollution Control Board, certify that the above
    Opinion and Order was adopted on this
    /7~’~
    day
    ~
    ,
    1974 by
    a vote of
    ________
    10—652

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