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

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