ILLINOIS POLLUTION CONTROL BOARD
    September 13, 1973
    )
    ROBERT S. STECK
    )
    )
    )
    v.
    )
    PCB 73-342
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)
    On August 13, 1973, Petitioner Robert S. Steck filed a
    Petition for Variance to connect to the McHenry Shores Water
    Company system in McHenry County.
    This case is similar to PCB 73-229 James F. Chaps
    v.
    EPA
    Petitioner seeks a variance for a single family residence located
    on Lot 9, Block 8, in Mchenry Shores Unit #1. Petitioner obtained
    a construction permit from the Village of McHenry Shores on
    February 12, 1973 and has constructed a residence for re-sale.
    Although Petitioner acknowledges that he was aware of the
    problems in connecting to the water system, he alleges that he
    was uninformed that because of improvements instituted by the
    system’s
    new
    owners, the “ban” would he lifted and water service
    would be available by the time of completion of construction.
    The Agency has recommended that the variance to connect be
    granted.
    It stated that plans and specifications
    for a water
    stc:age tank had been approved and that the tank would he con-
    st~:ucted and ready for use in mid-September, 1973.
    Petitioner alleges that the residence has been sold, condi-
    tioned upon a water supply connection, and that unless he can
    effectuate a closing
    he
    will be exposed to a substantial
    economic
    loss.
    As was pointed out in PCB 73-229, the Board’s order in PCB
    72-137 did not contain a “ban” on any future connections. The
    opinion in PCB 72-137 only pointed out that any future connections
    would result in a violation of the regulations on water quality
    and quantity.
    Thus the Petitioner’s
    variance petition should be
    9
    —
    267
    -2-
    construed as a variance petition to shield the Petitioner
    from prosecution.
    Since Mr. Steck’s house will in all probability not be
    occupied prior to mid-September, the Petitioners proposed single
    construction should not result in a burden to the supply system
    while denying the variance would place a substantial
    economic hardship upon the Petitioners; we grant the variance
    from the Water Supply Regulations to connect to the water
    system.
    ORDER
    The variance to connect a house located on Lot 9,
    Block 8, in McHenry Shores Unit #1 is granted.
    IT IS SO ORDERED.
    Mr. Odell abstains.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted
    on the
    ~
    day of September, 1973 by a vote of
    ~
    Christan L. Moffett ~lerk
    Illinois Pollution ~ntrol Board
    9
    —
    268

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