ILLINOIS POLLUTION CONTROL BOARD

August 23, 1973

GLENN E. MILLIKIN,

Petitioner,

v.

)

PCB 73—354

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr.

Seaman):

This

is a Petition for Variance filed by Glenn E. Millikin

(Petitioner)

to construct

a restaurant

in the Ramona Place

Sbudivision, Godfrey Township, Madison County,

Illinois.

Peti-

tioner acquired title to the property in 1938.

The premises in question are presently improved with a

small dwelling thereon.

The property is connected to the Godfrey

Sewer System by means of a ten inch

(10”)

sewer line.

Said sewer

line has been on the premises and has been connected to the

Godfrey Sewage System for approximately thirty

(30) years.

The

owner of record of

the property has an opportunity to sell the

real estate in question to a developer who will construct

a

restaurant on the real estate.

The present improvement on the

premises will be demolished.

The new building to be constructed

will be of modern design and will utilize the existing ten inch

(10”)

sewer line.

The Board in Godfrey Township Utility Board v. Environmental

Protection Agency,

PCB72—68

(June

27,

1972), held that a Sanitary

Water Board letter dated September 24, 1969 did not impose a flat

ban on additional connections to existing sewers.

The Opinion

read “that letter stated that permits would be required for lar-

ger construction and requested

--

rather than ordered

--

that

connections to existing sewers be limited”.

No ban,

as

such,

on

sewer connections has been imposed by the Agency;

therefore,

no

action on the part of the Agency or the Board could change Peti-

tioner~splight.

It

is to the Godfrey Township Utility Board that

Petitioner must seek relief.

9

—

129

---

—2—

This Opinion constitutes the findings of fact and conclusions

of law of the Board.

ORDER

We find that the Petition for Variance must be denied as moot

and without prejudice.

I,

thristan L. Moffett, Clerk of the Illinois Pollution Control

Board, certify that the above Opinion and Order was adopted by

the Board on the ~~4~day

of

~

,

1973, by

a vote of

~

to~