ILLINOIS POLLUTION CONTROL BOARD

July 19, 1973

MR.

AND

MRS.

CLARENCE TOMPKINS,

Petitioners,

V.

)

PCB 73—291

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

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

On July 16, 1973, Petitioners, Mr. and Mrs. Clarence Tompkins

of Waukegan, Illinois, filed a Petition for variance to enable

them to obtain a sewer permit for connection tributary to the

North Shore Sanitary District. Petitioners have for five years

owned and paid taxes on certain lots located in North Chicago,

Illinois, and intend to build a home thereon.

Petitioners allege that they have sold their present home and

must vacate before September 1, 1973. It is difficult to imagine

how Petitioners expect to occupy by September 1, 1973 a home which

has not yet been constructed. Further, the Petition is in other

respects so deficient and incomplete that this Board cannot find

sufficient allegations upon

which

a reasoned decision can be made.

The Petition must, therefore, be denied without prejudice with

leave to file a new Petition. Petitioners are urged to familiarize

themselves 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—l88)

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!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

//~

day of

____________,

1973, by a vote of

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to P~

8— 569