ILLINOIS POLLUTION CONTROL BOARD
    February 14, 1973
    NORTH SHORE SANITARY DISTRICT
    #72—451
    v.
    ENVIRONMENTAL PROTECTION AGENCY
    MURRAY R. CONZELMAN APPEARED ON BEHALF OF PETITIONER
    RICHARD W. COSBY, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF RESPONDENT
    OPINION AND ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):
    By our Order of March 2, 1972, modifying our Order of January 31,
    1972, we granted the North Shore Sanitary District permission to
    add a total of 5,000 living units or 20,000 P. E. to the sewers
    tributary to the Waukegan and Clavey plants, directing that the
    allotment under this variance be apportioned between the Waukegan
    and Clavey plants, with an approximate ratio of 1/3 to Clavey
    and the balance to Waukegan. This variance was with respect to the
    comprehensive sewer ban entered in North Shore Sanitary District v.
    Environmental Protection Agency, ##70-7, 12, 13 and 15.
    The variance allowance was granted until March 2, 1973. On
    November 17, 1972, we received a petition for extension of variance
    setting forth that the District had granted all of the authorized
    permits for the Clavey Road plant but has granted only 180 permits
    comprising 1,460 P. E. for the Waukegan plant, leaving a balance of
    3,153 permits or 11,872 P. E. unissued with respect to the Waukegan
    plant.
    The petition requests the extension of variance for a one—
    year period to March 2, 1974 in order to issue the remaining un-
    issued permits for the Waukegan plant.
    Our January 31, 1972 and March
    2,
    1972 Orders granting the
    original variance were subject to extensive conditions with respect
    to the priority of issuance of permits, the conditions under which
    permits might be granted, the procedures to be employed by the Agency,
    the District and others with respect to the issuance denial and
    obtaining of permits and the requirement for installation of
    chemical and other facilities at the plants involved. See Order
    of January 31, 1972, Case #71—343.
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    1O7~

    The Agency recommended denial of~this extension of the var-
    iance unless the petitioner could demonstrate adequate compliance
    with the Board’s Orders. Hearing was held on the petition in Waukegan
    on January 15, 1973. While the District has not kept pace with the
    overall construction program as directed in our original Order
    of March 31, 1971, we believe that the conditions set forth in our
    January 31, 1972 and March 2, 1972 orders, granting the variance
    for Clavey and Waukegan have been substantially complied with. We
    also note that the March 2, 1972 modification of our January 31,
    1972 Order enlarging the number of units for which the variance
    would be granted was in contemplation that the construction allowed
    by the variance would cover a period greater than one year, the maximum
    period of time for which a variance may be granted pursuant to statute.
    The March 2, 1972 opinion states:
    “The issuance of only 1000 permits precludes developers,
    contractors and others engaged in the Lake County housing
    industry from proceeding with concrete commitments for
    construction in the coming years.”
    The League of Women Voters, petitioner in the original case in which
    the sewer ban order was entered, recommends allowance of the variance
    extension. We will extend the variance entered on January 31, 1972
    in Case #71-343 as amended by Order of March 2, 1972, to March 2,
    1974, enabling the District to issue the remaining permits author-
    ized by the original variance. This extension shall be subject to
    all of the terms and conditions of our original January 31, 1972
    and March
    2, 1972 Orders as remain applicable.
    This opinion constitutes the findings of fact and conclusions
    of law of the Board.
    IT IS THE ORDER of the Pollution Control Board:
    1. That variance granted to the North Shore Sanitary District
    pursuant to our Order of January 31, 1972 and March 2,
    1972, enabling the addition of 5,000 living units or
    20,000 P. E. to the sewers tributary to the Clavey and
    Waukegan plants, is extended to March 2, 1974, subject
    to all terms and conditions contained in the Orders of
    the Board of January 31, 1972 and March 2, 1972 in
    Case #71—343, as presently applicable.
    2. Within 90 days of this order, the North Shore Sanitary
    District shall file with the Board and the Agency, a
    report, detailing the status of municipal programs by
    sewer watershed area for correction of excess infiltra-
    tion into the sewer systems of Waukegan and Lake Bluff,
    together with timetables and costs, where available.
    I, Christan Moffett, Clerk of the Illinois Pollution Control Board,
    certify that the above Opinion was adopted on the J~f~dayof
    February, 1973, by a vote of ~ to ~
    —2—
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