ILLINOIS POLLUTION CONTROL BOARD

August 1, 1972

BRUNO E FEIGE

#72—192

V.

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.)

Petition for variance from the sewer connection ban order

entered in case entitled League of Women Voters v. North Shore

Sanitary District, #70-7, was requested by petitioner in order to

enable construction of a single-family residence, the sewer effluent

from which would be tributary to the North Shore Sanitary District.

The original petition states that in March, 1971, petitioner obli-

gated himself to purchase two lots in the City of Waukegan at a

price of $14,000.00 and 6 interest to be paid on the unpaid balance.

The down payment was $2,000.00 and $720.00 has been paid in interest

prior to the filing of the petition. Petitioner a1lege~j that the

taxes on

his existing home were such that

he was forced to sell

and that he does have a bona-fide buyer. Petitioner alleges financial

hardship and stresses that the land purchase was consummated prior

to the original sewer ban order which was entered on March 31, 1971.

On May 10, 1972, we entered an order stating that the petition

for variance does not contain adequate information upon which the

Board could make its decision and requested that either petitioner

or the Agency should advise the Board which of the District’s plants

would receive the effluent from the proposed construction, that the

Agency advise the Board if the sewer line which would receive the

effluent is over-loaded and that the Agency should file its recommen-

dation with the Board.

On May 28, 1972, we received a short communication from the

petitioner stating that to the best of his knowledge, the effluent

would enter the Waukegan plant by way of the Sunset sewer line. The

recommendation received from the Agency states that the petitioner’s

proposed connection would be tributary to the Waukegan sewage treat-

ment plant via the Judge Avenue sewer and that petitioner is unable

to

obtain one of the

connection permits previously authorized to the

North Shore Sanitary District by our partial lifting of the sewer

ban order (entered January 31, 1972, modified March 2, l972,~because

the Judge Avenue sewer is classified inadequate to transport addi-

tional waste water. These and other sewers have been previously

5— 81

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~ue e t a- nardsi

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avc ci nc u ~ the recently

j cide

case of WaeBta ~nd Mote

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~e Subd vision v

EPA, #7l-7~.

feere t~e petitioner

~uo a-yen units comnlet~1

built,

and the Board gtanted a v rthnce to permit the sewe

connections.

For the remaining lots in the subdivision

the

Board ordered the bulidurs

t present a program to the Board

demonstrating

thu fursibility

o alLernatives~”

See also Wacnon v. EPA, #71—85, (LIt(’d Jufy 26, i97l~

We urge

e ci y of Waukeqan to take all necessary steps i-o

abate the overloaded condition of all Jewers within its jurisdictions

This opinion constitutes

Lii

findings of fact and conclusions

of law of the Board.

IT

IS

TIlE ORDER of Lire Pollution

Control Board that the petition

for variance be denied.

I, Christan Moffett, Clerk of

the Pollution Control Board, certify

that the above Opinion and Order was adopted on the 1st Day of

August, A. D, 1972, by a voLe of

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