ILLINOIS POLLUTION CONTROL BOARD
September 13, 1973
HOWARD
AND
NARY JO PERREAULT ADAMS,
Petitioners,
vs.
)
PCJ3
73—266
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
Howard Adams and Mary Jo Adams pro se
James
K.
Jenks, Assistant Attorney General for
the
EPA
OPINION AND ORDER OF THE BOARD
(by
Mr.
Henss)
Petitioners purchased real estate in Lake Forest,
Illinois
during October 1971 with the intention of constructing
a resi-
dence on it.
The real estate lies within the area serviced by
the Lake Forest sewage treatment plant in the North Shore Sani-
tary District, and at the time of the purchase Petitioner
admittedly had knowledge of the sewer connection prohibition
(Order No.
7 of League of Women Voters vs.
North Shore Sanitary
District, PCB 70—7,
12,
13,
14).
Construction of the residence commenced in June
1972.
In
order to comply with
the
“sewer ban’1, Petitioners installed a
k~oldingtank specified by
a sanitary engineer and approved by the
City of Lake Forest.
Mr.
and Mrs. Adams say that
“a representative
frcm
the City was personally present when the holding tank was
installed,
and he oversaw such installation”.
Sewage accumulated
ir the tank
is periodically removed by
a commercial service
ccmpany.
Normal usage of the plumbing by this family of four
would require emptying of the tank every
2 or
3 days.
Occupancy of the new residence began in February 1973.
Petitioner has now experienced
a back up of sewage into the resi-
dence causing damage to floors and carpeting.
The sewage back up
was termed a “gross inconvenience, in addition
to which an
unsanitary condition exists which could be injurious
to Petitioners,
their children and others”.
Petitioner has attempted to minimize
the sewage problem by performing such daily routines
as laundering
and bathing at commercial facilities or at the homes of friends,
which are within the area serviced by the North Shore Sanitary
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District.
Toilets and other plumbing facilities
in their home
are used as little a~possible.
Even with these adjustments,
Petitioners must have their holding tank emptied about once
a
week at
a cost of about $150 per month.
The
record does not
disclose
where
this sewage is
taken.
Finally, Petitioner
advises that
a septic tank in
this
location is not reasonable
because of
the
expense and the possible loss of trees from
the
digging up of the yard and grounds.
A variance is now recuested to allow a sewer line connection
to
the Lake Forest sewer system.
The Environmental
Protection
Agency
recommends
that the variance be denied.
The Lake Forest
plant,
a primary treatment facility was designed to
treat an
average
flow
of
1.2 MCD.
The current average flow of 1.33
MCD
receives
alum
treatment,
primary sedimentation and chlorination
prior to being discharged to Lake Michigan.
Maximum design flow
is
3.0
MCD.
During peak
flow periods sewage with only sodium
hypochlorite added is bypassed to the Lake.
Petitioner’s
connection
would
generate
approximately
400 gallons of sewage
per
day and would add to the current sewage plant bypassing
problam.
Petitioner’s hardship is
clearly
self
imposed.
With the
simplest mathematics
they could have calculated that
a
1200
gallon tank will become full in
3 days when normal usage
is
400
gallons
per
day.
Obviously,
when
full,
it
must
be
emptied
in
order
to
allow
continued
usage.
The
alternative
is
sewage
on
the
carpet.
We
have
said:
11f
the
ban
is
to
have
any
meaning,
we
must
hold,
and
we
have
held,
that
in
general
one
who
coriunences
construction
after
a
connection
ban
is
imposed
does
so
at
his
Peril;
and
any hardships resulting
from actions
taken
after
that
date
must
he
regarded
as
self—inflicted
and
entitled
to
no
con-
sideration11.
Simpson
v.
Cinnamon
Creek,
PCB
72-368;
Cinnamon
Creek
v.
EPA,
PCB
72-377.
The
data
contained
in
the
Agency’s
Recommendation
indicate
that
the
Lake
Forest
treatment
facility
is
not
in
compliance with
our Regulations.
However,
we
have
been
advised
that
Phase
I
of
the
Clavey
Road
project
is
within
three
weeks
of
completion.
Hopefully,
the
Lake
Forest
treatment
plant
tie-in
to
the
Clavey
Road plant
will
be accomplished within one
week of full operation
at the Clavey Road
plant.
Following that tie-in
to Clavey Road,
Petitioners sewer connection
will
he acceptable.
As
we
did
in Bereskin
and
Solomon
vs.
EPA,
FCB
73-143,
we
will
allow
a
conditional
variance
in
order
that
Petitioner
may
proceed
with
construction
work
up
to
the
sewer
line
short
of
actual connection.
This will allow Petitioner
to connect to the
Lake Forest sewer system immediately after the Clavey Road plant
begins accepting the
additional
sewage.
Petitioner’s
sewer
connection shall not take place until after the connection
of
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258
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Lake Forest treatment plant
to the Clavey Road facility.
ORDER
It
is the order of the Board that:
Petitioners are granted
a variance from our Order prohibiting additional sewer connections
to the North Shore Sanitary District.
This variance is subject
to the following condition:
No
connection
shall
be
made
to
the
subject
sewer until after the Lake Forest system has
been tied in to the Clavey Road plant and the
additional capacity of the North Shore Sani-
tary District following the completion of
construction currently underway is sufficient
to meet the effluent standards of the Pollution
Control Board.
Mr. Odell abstains.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board,
hereby
certify
the
boy
Opinion
and
Order
was
adopted
this
/31’~
day
~
,
1973 by a vote of
3
to ~
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