ILLINOIS POLLUTION CONTROL BOARD

July 19, 1973

MARC

BARON,

Petitioner,

v.

)

PCB 73~-l95

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Seaman):

On May 8, 1973, Petitioners. Marc and Judith Baron, residents

of Highland Park, County of Lake, Illinois, filed with this Board

a Petition renuesting ~‘rehearing and reconsideration by the Board

of its April 17, 1973 decision. This cause will be decided as an

original Petition.

Petitioner requests a variance from Order #7 of League of

Women Voters v. North Shore Sanitary District, PCB 71)—7, 12, 13

~nd

14,

to

obtain a connectibn for a single family residence to an

existing sewer~ tributary to the Clavey Road sewage treatment

plant.

On

September 14, 1972, Petitioners acquired property in Highland

Park.~ Illinois, with intent to build a home thereon. Previously, on

August 21,

1972,

Petitioners were allegedly informed by a named

employee of the North Shore Sanitary District that permits for access

to

the sewer system were available. In reliance upon the avail--

ability of such permits, Petitioners purchased the property and

made further expenditures to a building contractor for plans,

specifications, bids, etc. When Petitioners eventually made applica-

tion for the mermit, they were informed that the allocation for

their locale had been exhausted. Petitioners allege a loss in

excess of $l2,flofl.

Although the fact situations encountered in the instant cause

and that of Bereskin v. Environnentalprotectjon~~ (PCB73-l43)

are issimiar, this Board is of the ooiniori that a similar decision

is aPDropriate. In this regard, Mr. Dumelle has registered his

dissent.

8

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553

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-2—

We are informed that the construction

of improvements to the

North Shore Sanitary

District will probably be completed so that

the effluent standards will be met by September, 1973.

Since the

North Shore Sanitary District is apparently within 2 or 3 months

of compliance we believe it is appropriate to authorize the

construction of those Single—family dwellines which will not

immediately be a burden upon the sewer system. We allow the

variance but only subject to the followino condition-

No connection shall he made to the subject

sewer until the additional capacity of the

North Shore Sanitary District followinq the

completion of construction currently under~-

way is sufficient to meet the effluent

standards of the

Pollution Control

Board.

With this Order construction of the residence may take place

concurrently with the construction of sewer system imorovements,

but Petitioners shall not add to the load on this sewer during the

time it is overloaded.

OflDER

It is ordered that:

Petitioners are granted a variance from our Order prohibitirie

additional sewer connections to the North Shore Sanitary

District. This variance is subject to the following condition:

No connection shall be made to the subject

sewer until the additional canacity of the

North Shore Sanitary District following the

completion of construction currently under-

way is sufficient to meet the effluent

standards of the Pollution Control Board.

Mr. Dumelle dissents.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, certify

that the above Opinion and Order was adonted. by the

Board on the ~7~dav

of

____________,

1973,

by a vote o~3

to 1,

S

—

554