ILLINOIS POLLUTION CONTROL BOARD

July 31,

1973

PERRY

R.

AND

ANNA

MAE

HEAVNER,

Petitioner,

v.

)

PCB 73-228

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent,

OPINION AND ORDER OF THE BOARD

(by Mr.

Seaman):

This

is

a

Petition for Variance filed by Perry

R.

Heavner

and Anna Mae Heavner, which was received by the Environmental

Protection Agency (hereinafter referred to as Agency) on May

29,

1973.

The Petitioners seek relief from an alleged ban im-

posed by the Agency pursuant to the operation of Rule 921(a)

of Chapter

3: Water Pollution of the Illinois Pollution

Control

Board Rules and Regulations

(Chapter

3), on

sewer extensions

and connections in an area served by the Warren Levis Lagoon

owned and operated by the Godfrey Township Utility Board

(Godfrey).

Petitioners seek such relief in order to obtain a sewer connection

permit for a proposed single—family residence to be located in

Madison County,

in Greenwood Meadows Subdivision, Godfrey,

Illinois,

The Board in Godfr~yTownship Utility Board v. Environmental

~ionA~~cPCB72-68

(June

27, 1972), held that a Sanitary

Water Board letter dated September

24, 1969 did not impose

a flat

ban on additional connections to existing sewers.

The Opinion

read “that letter stated that permits would be required

for 1ar~

ger

construction and requested

-—

rather than ordered

——

that

connections to existing sewers be limited,”

We agree with the

Agency recommendation that Petitioners~present inability to

obtain

a sewer connection stems from Godfrey~srefusal to issue

such connection permits as was requested by the Sanitary Water

Board in its September 24, 1969 letter,

However,

no

ban,

as such,

on sewer connections has been imposed by the Agency;

therefore,

no action on the part of the ~Agency or the Board could change

Petitioner

s plight.

This Opinion constitutes the findings of fact and conclu~

sions of law of the Board,

---

—2—

ORDER

We find that the Petition for Variance must be denied as

moot and without prejudice.

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

Board, certify that the above Opin~onand Order was adopted by

the Board on theJ~~ay of

____________,

1973,

by a vote of

‘if

too

.

~

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