ILLINOIS POLLUTION CONTROL BOARD
December 13, 1971
ZBIGNIEW CIANCIARA
v.
)
#
71—276
ENVIRONMENTAL PROTECTION AGENCY
Opinion and Order of the Board
(by Mr. Currie):
Mr. Cianciara plans to build
a new house on a
lot purchased
a year and
a half ago in Highland Park,
and he seeks
a variance
to permit connection to
a sewer serving the overloaded Clavey
Road sewage treatment plant despite
our
order of March 31,
1971
(League of Women Voters
v.
North Shore Sanitary District,
#
70-7).
Under our precedents the variance must be denied.
We have granted variances
in cases of special hardship,
such as when construction was begun before the entry of our
order
(e.g., Wachta v.
EPA,
~ 70-77, July
12,
1971), or when
the petitioner has no satisfactory alternative place
to
live,
as
in Patricia Development Corp.
v.
EPA,
#
71—161
(Sept.
16,
1971).
Neither of these conditions
is present here.
Mr.
Cianciara’s present living conditions are not inferior,
and he
has not taken steps in reliance upon his ability to connect
to the sewers beyond the purchase of
a lot and the initial
drawings of his
own
design for
the home.
We have held such
steps insufficient
to justify what will result in additional
discharges of inadequately treated sewage.
E.g.., Monyek
V.
EPA,
#
71—80, July
19,
1971.
We do not find it sufficient that
if the variance is denied Mr.
Cianciara may
find
it desirable
to build a septic tank and to cut down several large oak trees
to do
so.
We regret the
loss
of the trees, but the additional
option makes
the hardship
less rather than more,
and we have
denied variances
in comparable cases even though septic tanks
were not practicable.
If Mr.
Cianciara wishes to preserve
the
trees he has
the option of postponing the new home until there
is
capacity in the treatment plant to accept the wastes.
We note in this connection the pendency of a variance
request by the District itself,
#
71-343,
in which
a general
relaxation
of the ban is sought on the ground of alleged improve-
ments in treatment.
If the Board acts favorably
on that request,
there may be room for
Mr.
Cianciara within a month or two at
Clavey
Road.
The variance is hereby denied.
I, Christan Moffett, Acting Clerk
of the Pollution Control Board
certify that
the
Board adopted the above Opinion
dOrde.
of
Board
this
,~3
day of December,
1971.
___________________
3—
265