ILLINOIS POLLUTION CONTROL BOARD

October 25, 1973

STEWART A.

SHIMAN,

Petitioner,

v.

)

PCB 73—306

EdVIRONMENTAL

PPOTECTION

AGENCY,

)

Respondent.

OPL:lIOIl

AND

OEDER

OF

THE

BOARD

(by

Mr.

Henss)

Stewart

A.

Shiman

filed

a

petition

reauesting

variance

from

Order No.

7

of

tile

League

of

Women

Voters

vs.

North

Shore

Sanitary

District,

PCB

70—7,

12,

13 and 14.

This Order prohibits further

connection to sewers of the North Shore Sanitary District until

the District demonstrates

that it can adequately treat the waste

from those new sources.

Petitioner proposes to build a single

family

dwelling

in Highland Park and wishes

to connect the new

dwelling to t1~esanitary sewer which is tributary to the Clavey

Road Sewage Treatment plant, owned and operated by the North

Shore

Sanitary District.

During November 1972, Petitioner purchased a lot at 744 Sumac

in Highland Park for the purpose of erecting an 8—room bi—level

single family dwelling.

Petitioner states that he was aware of

“earlier” sewer ban problems

in Highland Park but contends that,

at the time his purchase was being negotiated,

sewer and building

permits were being granted and he was not aware of any impending

problems in obtaining the sewer permit.

The sewer permits which

were

issued in 1972 had been authorized by this Board in North

Shore Sanitary District vs. EPA, PCB 71—343 (March

2,

1972).

In

that case we allowed the District to add a total of 5,000 living

units or 20,000 population equivalence to the sewers tributary to

tile

Clavey Road and Waukegan plants

in the ratio of about 1/3 to

Clavey Road and the remaining to Waukeqan.

Before Shiman could

complete the land deal the District had used up its allotted quota

of new connections to the Clavey Road plant thereby leaving Shiman

with

land and plans

for which he could not get a building permit.

Shiman stated that he proceeded with his plans

“buoyed by

verbal

assurances

from

the

Mayor

of

Highland

Park,

the

Highland

Park Building Department, the news services and the North Shore

Sanitary District’.

Petitioner claims to have expended $12,835

for the property through June 14,

1973 with another $948 in fees

yet to be paid.

9

—

641

---

—

Petitioner incicated that a further delay in receiving the

permit would cause additional hards.ios tn

th.tt.

the interest rate

on his mortgage loan would likely increase, ho wouLt experience

a greater difficulty in trying to sell his present :iome due to

the tightening mortgage money market, and the price of conatruction

materials would rise substantially follovinq the 60 day price

freeze.

The Agency recomrnenJ~eddenial of this Petition, stating that

Petitioner’s hardships were insufficiant to justify the grant of

a variance.

The Agency flecownendation also attacked our decisic.

Bereskin vs. EPA, PCB 73—143 as improper in that Bereskin was

allowed to proceed

with

construction

(but not sewer connection)

prior to completion of Phase

I of the Clavey Road Project.

The

Agency states that no decision to allow sewer connection should

be wade until after the receiving treatment plant has exhibited

an ability to adec~uatelytreat additional flows.

According to information submitted by the Agency construction

in the North Shore Sanitary District has

now

progressed to a point

where the Clavey Road Plant has lA MCD capacity.

Average flow in

the first eight months of 1973 was 7.8 MCD.

Full secondary

treatment

(18 MGD)

is expected by March 1,

1974, just one month

after Petitioner’s anticipated connection to the sewer system.

On balance Petitioner’s hardships far outweigh any minimal

additional sewer connection.

Therefore,

the variance will be

ORDER

It is the order of the Board that Petitioner Stewart Shiman

be granted variance from Order No.

7 of League of Women Voters vs.

North Shore Sanitary District,

PCB

70—7,

12,

13

and

14 for

connection of his proposed single family dwelling in Highland Park.

I, Christan L. MoEfett, Clerk of the Illinois Pollution Control

Board, hereby certif

the above Opinion and Order was adopted this

~jdayof

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9—842