ILLINOIS POLLUTION CONTROL BOARD
    September 6,
    1972
    PATRICIA HINSE D/B/A
    ALADDIN FLOWER SHOP
    v.
    )
    #72—263
    ENVIRONMENTAL PROTECTION
    AGENCY
    OPINION
    AND
    ORDER OF THE BOARD
    (by SAMUEL T.
    LAWTON,
    JR.)
    Petitioner seeks a variance from a sewer connection permit
    denial in order to construct a new flower shop in Waukegan approxi-
    mately 12 blocks from her existing location.
    The new shop would connect to a sanitary sewer tributary
    to the Waukegan Sewage Treatment Plant with respect to which we
    have partially lifted our earlier sewer connection ban order
    entered in
    LWV
    v. NSSD #70-7.
    However, the specific sewer to
    which petitioner seeks to connect has been classified as inadequate
    by the E.P.A. because of conditions of overload occurring in wet
    weather resulting from storm water infiltration and accordingly
    the connection permit was denied.
    Petitioner alleges hardship based upon the bad state of
    repair in her existing building, the likelihood of an increased
    rental and the inadequacy of parking at the present location.
    No allegation is made that any work with respect to the new structure
    was done prior to the imposition of the sewer ban order of March
    31,
    1971.
    We do not find the plight of the petitioner sufficient
    to
    grant a variance permitting connection to an already overloaded
    sewer and accordingly deny the petition for variance.
    (See Monyek
    v.
    E.P.A. #71-80; Feige v.
    E.P.A. #72-192).
    In the foregoing cases
    and others we have held that the hardship alleged must be of a unique
    and severe nature likely to cause unreasonable loss to petitioner
    or detriment to the public welfare.
    Petitioner has failed to make
    an adequate showing in this respect.
    The requisite degree of hardship
    has not been demonstrated, particularly since petitioner does not
    appear to have acquired the property sought to be developed or
    caused any improvements
    to be made upon it.
    Further,
    if petitioner
    does vacate her present shop,
    the owner of the building proposes
    to remodel it, creating additional units and increased hydraulic
    and organic loading of the NSSD facilities.
    This opinion constitutes the findings of fact and conclusions
    of law of the Board.
    5
    —
    387
    —2—
    It is the order of the Pollution Control Board that petition
    for variance filed by Patricia Hinse d/b/a/ Aladdin Flower Shop
    be denied.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board, certify that the Board adooted the above Opinion and Order
    on the
    6th
    day of September
    ,,
    1972 by a vote of
    4—0.
    6Ld~-Y~~
    ~‘72(~~~
    5
    —
    388

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