ILLINOIS POLLUTION CONTROL BOARD

February 14, 1973

KENNETH P. ZELEN

#72-445

v.

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF

THE

BOARD~(BY SAMUEL T. LAWTON, JR.):

On November 21, 1972, we entered an Order directing petitioner

to file an amended petition containing information consistent with

our Procedural Rule 401, specifying adequate facts to substantiate

a showing of hardship as a consequence of petitioner’s inability

to make a connection with the Waukegan sewers.

While we have previously granted a partial lifting of the sewer

ban with respect to the Waukegan plant, in cases North Shore Sani-

tary District v. Environmental Protection Agency, #71-343 (January 31,

1972), North Shore Sanitary District v. Environmental Protection

Agency, #71-343 (March 2, 1972), most of the Waukegan sewers are

classified as overloaded by the Agency and connections prohibited.

No work appears to have been done by way of construction nor is

there any indication that a permit has been obtained. Petitioner

intends to construct a single—family resi’3ence for his family,

consisting of two adults and two children.

On the state of the record, we must deny the petition. We do

not believe that petitioner has made an adequate showing of hardship

which have justified variances under more extreme circumstances,

Gwendolyn Hanna v. Environmental Protection Agency, #72-434, (Jan-

uary 30, 1973) and Mary Steele v. Environmental Protection Agency,

#72-440 (January 30, 1973)

,

nor that facts are demonstrated indi-

cating the application of the doctrine set forth in John W. Bender v.

Environmental Protection Agency, #72—324 (October 31, 1972)

IT IS THE ORDER of the Pollution Control Board that the petition

for variance be denied.

I, Christan Moffett, Clerk of the Illinois Pollution Control Boaçd,

certify that the above Opinion and Order was adopted on the

____

day of February, 1973by a vote of 3-0.

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