ILLINOIS POLLUTION CONTROL BOARD

May 17,

1972

TENNIS

DEVELOPMENT,

INC.

#72-59

v.

ENVIRONMENTAL PROTECTION AGENCY

OPINION

AND ORDER

OF THE BOARD

(BY

MR.

SAMUEL

T. LAWTON,

JR.)

Petition for variance from the sewer ban provisions

of case

League of Women Voters v.

North Shore Sanitary District,

#70-7,

12,

13 and 14, was filed with

the

Board on February 14,

1972.

Petitioner

seeks to construct

an

indoor tennis building on Lot 12 in the

North

Shore Industrial and Research Centre,

in Lake Bluff.

On February 22,

1972, we issued an opinion and order noting that

the

variance

petition,

as

filed,

was ~uninformative as

to

the

type

of facilities to be installed within the building and

as to the

per-

Sons who will be using such faci1ities’~. Petitioner was given twenty

days in which to file such information

as

would be necessary to enable

the Board to make a judgement on the facts

of

the case~

An amendment to the petition was filed on March

8,

setting forth

that the premises to be constructed will contain eight indoor

tennis

courts, together

with

a small

pro shop and

locker rooms for men and

women containing a total of ten showers, two sinks, five

commodes

and two urinals.

There will be

no restaurant

or bar facilities

in

the building.

A membership of approximately 1,000 persons

is antici-

pated, which will probably not be reached until after five years of

operation.

Petitioner represents

that

the

bulk of the membership will

come from North Chicago, Lake Bluff,

Lake Forest and surrounding un-

incorporated areas, observing that the Libertyvilie—Mundelein area,

the

Deerfield area and the Highland Park area, are each served with

tennis clubs

of

their own.

This belief

is

supported by membership

applications and inquiries already received from persons in the

North Chicago, Lake Bluff and Lake Forest area.

Promotional advertising

for

membership

will be directed to residents within this

district.

As

a

consequence of the anticipated area of membership, petitioner con-

tends that the use of the sewer facilities which would serve petitioner

would be a substitute for the same use of

facilities in the homes

of

members and that

as

a consequence, the proposed

use

will not

generate

additional

sewage

on

the

already

over-burdened

facilities

of

the

North

Shore

Sanitary District.

---

We believe petitioner’s position to be meritorious and grant

the variance request as sought.

Cf.

Waukegan Park District v.

Environmental Protection Agency,

#71-314 and 71-342.

We grant this variance notwithstanding the fact that the peti-

tioner might otherwise be eligible for relief as a consequence of

our partial lifting of the sewer ban in the areas served by the

Waukegan and Clavey Road sewage treatment facilities.

This opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board that Tennis

Development,

Inc. be granted a variance from the sewer ban provisions

of the Board Order of March 31,

1971

in case entitled

League of

Women Votersv. North Shore Sanitary District,

#70-7, 12,

13

and 14,

to enable the indoor tennis building to be constructed and operated

by petitioner on Lot 12 of the North Shore Industrial and Research

Centre to connect with the sewer facilities of the North Shore

Sanitary District.

I,

Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify

that

the

above

Opinion

and

Order

was

adopted

on

the

/7~’day

of

May,

1972,

by

a

vote

of

‘/

to

c~

4

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