ILLINOIS POLLUTION CONTROL BOARD
February 14, 1973
ROBERT S. STECK
#72—452
v.
ENVIRONMENTAL PROTECTION AGENCY
OPINION AND ORDER OF THE BOARD
(BY SAMUEL T.
LAWTON,
JR.):
Petition was filed requesting relief from the water connection
prohibitions contained in our June 29, 1972 Order in Case #72-137
prohibiting any further connections
to facilities of the McHenry
Shores Water Company.
Petitioner,
on April
15,
1972, had made appli-
cation for a building permit to the Village of McHenry Shores,
which permit was issued on July 8,
1972.
Construction commenced
in reliance on the building permit, and without awareness of our
prohibition order.
Petitioner represents
that he has invested in excess
of $30,000
in the construction of the building and that he has secured a buyer
but is unable to convey the premises unless
a water permit
is
granted.
The Agency recommendation states that the proposed con-
nection will cause a minimal decrease in water pressure and will
have no effect on present water quality.
The Agency recommends
that the permit be granted, but that any fees,
costs or charges
accruing to McHenry Shores Water Company be retained in escrow
until such time as McHenry Shores Water Company complies with our
Order entered in #72-137.
Since McHenry Shores Water Company is not
a party
to this proceeding, we do not believe that such an order would
be appropriate and might impede petitioner~sability to connect.
We grant the variance as requested without the conditions proposed
by the Agency.
This opinion constitutes the findings of fact and conclusions
of law of the Board.
IT
IS THE ORDER of the Pollution Control Board that petitioner,
Robert S.
Steck,
be granted a variance from our Order of June 29,
1972 in Case #71-237,
to enable connection of petitioner~shome to
facilities
of the McHenry Shores Water Company.
I, Christan Moffett, Clerk of the Illinois Pollution Control Bo~rd,
certify that the above Opinion and Order was adopted on the
/~-1~
day of February,
1973,
by
a vote of
3
to
~
7
—
109