ILLINOIS POLLUTION CONTROL BOARD

June 14, 1972

THEODORE HARRIS

)

#72—233

v.

ENVIRONMENTAL PROTECTION AGENCY

OPINION

AND ORDER OF THE BOARD

(BY

SAMUEL T. LAWTON,

JR.)

App1icax~t has purchased a two-bedroom house located in North

Chicago, which he proposes to

demolish

and erect a three-bedroom

house on the property for his family, consisting of petitioner,

his

wife and two children,

The property is already serviced by a

sewer of the North Shore Sanitary District.

Application was made

to the Acting General Manager of the North Shore Sanitary District

who, while indicating his approval,of the connection, advised peti-

tioner

to seek a variance before this

Board

in

view of the sewer

ban order entered in League of Women Voters v. North Shore Sanitary

District, #70-7, dated March 31, 1971.

In case entitled State National Bank of Evanston v. Environ-

mental Protection ~

where the sewer load from the new construction will produce no increase

over that generated by the demolished structures,

the

permit should

be granted.

As in that case, we construe our existing sewer ban order

as not to forbid connections that replace existing sources and that

do not result in a net increase in the organic or hydraulic load

to a given sewer or treatment facility. Pursuant to this construction,

no variance is necessary. Permit may be issued on the facts if the

above-stated requisites are satisfied. The District is not foreclosed

from determining that in any given case, the replacement load might

create such a severe pollution problem as to justify denial of a permit.

However, it is capable of doing this irrespective of our connection

ban order. Cf. Adams, Jr., et al v. Environmental Protection Ayency,

#72-121, May 17, 1972. Accordingly, the petition for variance is

dismissed as moot.

IT

IS SO ORDERED.

I, Christan Moffett, Clerk of the Pollution Control Bo~rd, certify

that the above Opinion and Order was adopted on the /~~dayof June,

1972, by a vote of

V

to

0

~

4

—

675