ILLINOIS POLLUTION CONTROL BOARD

April 25, 1972

ROBERT B. NILLES, INC.

#72—97

v.

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD 

(BY

JACOB D. DUNELLE)

Petitioner has re—submitted a request for variance which was

originally filed on March 16 and ruled on (dismissed without preju-

dice) on March 28, 1972. Petitioner seeks to be allowed to make

sewer connections to eight lots 

Nilles’ Sheridan Road Subdivision

and

to be allowed to use the existing sewer services at 245 Prospect

Avenue in Lake Bluff, despite the connection ban imposed on the North

Shore Sanitary District as part of our order in League of Women Voters,

et al v. NSSD, PCB7O—7, 11, 12, 14 (March 31, 1971) The essential

difference between the re-submission and the original petition is the

addition of the representation that the asked for connections drain

to the Lake Bluff Sewage Treatment Plant. Our earlier opinion and

order concerning the instant properties was predicated on the sewer

discharges flowing ultimately to the Clavey Road plant.

We have held in the past that where construction had not cosmienced

as of the time of the imposition of the sewer connection ban, we will

deny the request; see Piroyan 

Environmental Protection Agency, ?CB71-

103 (August 30, 1971) 

Where the hardship is self—imposed as in the

instant case, we will not grant a variance as we have in cases where a

house had been built or where substantial steps toward completion of

construction had been taken, see Wachta and Mota v. Environmental Pro—

~~ionAen2~  

PCB71—77 (July 12, 1971.)

Petitioner has made conclusory allegations that denial of a variance

would result in an arbitrary or unreasonable hardship. We are not bound

to accept such conclusions as we do accept facts well pleaded in a

verified petition, see City of Jacksonville v. Environmental Protection

PCB7O-30 (January 27, 1971) 

In the instant case~ if we accepted

as true all the factual allegations of the petition, we could not find

proof that compliance with the order imposing the sewer connection ban

would impose an arbitrary or unreasonable hardship, The petition is

therefore dismissed on the ground that no variance could be granted even

if all the allegations were proved.

I,

Christan Moffett, Clerk

of the Pollution Control Board, 

certify

that the Board adopted the above Opinion and Order of the Board this

25th Day of April, 1972, by a vote of

3 to 2~

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