ILLINOIS POLLUTION CONTROL BOARD

July 19,

1973

LEO

H.

ANDERSON,

Petitioner,

v.

)

PCB 73—166

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Seaman):

On April

25,

1973,

Petitioner,

Leo H. Anderson,

filed

his Petition

for

a variance

to enable him to obtain

a sewer

connection

for his single family dwelling presently

served

by

a septic system.

The proposed connection would be

tributary to

the Clavey Road sewage treatment plant of the

North Shore Sanitary

District.

This Board,

in

an Order dated May

3,

1973,

requested

that Petitioner

“file an amended petition within

15 days

detailing the

exact condition of

his septic

system.”

The

Order further requested that

the Environmental Protection

Agency

file

a prompt Recommendation and that

the Lake County

Health Department

Division of Environmental Control

file

a

Report.

To date,

the Board

has

received only the Agency~s

Recommendation.

The degree

of increased

load is not clear

from the in-

formation contained in

the

Petition,

since

the number of per-

sons

to be served by

the proposed connection

is not stated.

Petitioner alleges that the present septic system

is

“no

longer the best.”

Petitioner

fails

to state the nature and

extent

of the inadequacy,

if any;

whether

the problem can be

corrected by minor repairs or improved maintenance;

and whe-

ther the present system constitutes

a health hazard to

the

public.

Petitioner has

failed to show that the denial of

this

variance would impose an arbitrary

or unreasonable hard—

ship;

and that the

grant of this variance would impose no

public injury.

8—551

---

—2--

As Petitioner has failed to file an amended petition

stating allegations upon which this Board could base

a

decision,

Petitioner’s reauest for variance must be denied.

However, from such allegations as are contained in the

Petition,

it appears that Petitioner may well have the

requisite grounds for a variance in cases of this nature.

The denial will,

therefore,

be without prejudice with leave

to file a new Petition if Petitioner

is

so inclined.

In that regard, Petitioner is urged to familiarize himself

with Rule 401 of the Procedural Rules of the Illinois

Pollution Control Board and consider Bereskin v. Environmental

Protection Agency

(PCB73-l43)

and Patrick v. Environmental

Protection Agency

(PCB73--188)

This Opinion constitutes the findings of fact and conclu-

sions of law of

the Board.

IT IS

THE

ORDER of

the

Pollution Control Board that

Petitioner’s request for variance is denied without prejudice.

I, Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board,

certify that the above Opinion and Order was adopted by

the Board on the J~~davof

___________,

1973, by

a vote of

4

to~

.

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