ILLINOIS POLLUTION

CONTROL

BOARD

November 21, 1972

KENNETH

P. ZELEN

Petitioner,

v.

)

PCB 72—445

ENVIRONMENTAL

PROTECTION AGENCY,

Respondenc.

PRELIMINARY

ORDER OF THE

BOARD (by

Mr.

Parker)

By letter to the Board dated November 1, 1972, and received

by the Board on November 10, 1972, Petitioner seeks a variance

from the Waukeqan sewer ban.

The letter petition as filed fails to comply with our Procedural

Rule 401. For example, the petition does not state when the

lot

was purchased, whether any construction has begun and if so when,

whether the “house.. .buiit across the street in the banned area~

received sewer connection rights and if so, when and under what

circumstances. Neither does the petition specify what facts

underlie the statement that “the E.P.A. pulled the permits on

the north west side of Waukegan”. The Board

will

reguire more

information as to the asserted hardship in order to assess the

adequacy of the petition; Petitioner~s attention is drawn to

recent Board decisions

involving assertions

of hardship as

justification

for an exception to the sewer ban (eg. see Cinnamon

Creek Associates

vs. E.P.A.,

POE 72—377, decision dated October 3,

1972, and Bender vs. E.P.A., POE 72-324, decision also dated

October 3, 1972)

The Petitioner is hereby ordered to file an amended petition

wit.h

the Board on or before December 14, 1972, the amended petition

to contain additional information consistent with the requirements

of our Procedural Rule 401, and the amended petition also to

include a statement by Petitioner that the 90 day period provided

for

in Title 9, Section 38

of

the Environmental Protection Act

shall commence as of the date of filing of the amended petition.

In the absence of the filing of an amended petition on

or

before December 14, 1972, the original petition shall be

subject

to

dismissal.

I,

Christan

L. Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Preliminary Order on

this ~

day of

~

1972, by a vote of

_____

to ~

6