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
in
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
V.
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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4—429