ILLINOIS POLLUTION CONTROL BOARD
May
3,
1973
WALTER R. SEEGREN
#71-106
v.
ENVIRONMENTAL PROTECTION AGENCY
ORDER OF THE BOARD
(BY SAMUEL
T.
LAWTON,
JR.):
On August
5,
1971,
we entered an Order denying a variance in
which petitioner sought to be allowed the extension of a sewer and
the connection of
two eighteen-unit apartment buildings
to Waukegan
sewers tributary to
the Waukegan treatment plant of the North Shore
Sanitary District, which connections were forbidden in our Order in
League of Women Voters v
North Shore Sanitary District,
##70-7,
12,
13 and 14,
1 PCB 369
(March
31, 1971).
Our opinion in support of the
Order was entered on August 13,
1971.
On December 28,
1972,
the Appellate Court of Illinois,
Second
District, reversed the foregoing Order and remanded the matter to the
Board “with directions
to issue the appropriate permits”.
On May
1,
1973,
in accordance with the mandate of the Appellate
Court, we received a motion from petitioner seeking the entry of an
appropriate Order directing issuance of the permit as prayed for in
Log #166-71 with respect to which the variance had been originally
sought.
Since the Board possesses no statutory authority to issue permits,
it
will
be
our
Order
that
the
Environmental
Protection
Agency
be,
and
it
is hereby directed,
to issue to petitioner the permits sought by
its variance petition pursuant to the mandate of the Appellate Court
of Illinois, Second District,
in case entitled Walter R.
Seegren,
Petitioner-Appellant v. Environmental Protection Agency of Illinois and
Pollution Control Board of Illinois, Case #71-255, which Order issued
on December 28,
1972.
IT IS SO ORDERED.
I, Christan Moffett, Clerk of the Illinois Pollution Control Board,
certify that the above Order was adopted on the
.3~
day of May,
1973,
byavoteof
)
to
‘~5
7
—
651