ILLINOIS POLLUTION CONTROL BOARD

February

3,

1972

PATRICIA DEVELOPMENT CORP.

v.

)

PCB 71—161

ENVIRONMENTAL PROTECTION AGENCY

Supplementary Opinion of the Board

(by Mr. Currie):

On September

16,

1971, we entered an order

in the above-

captioned case partially granting peititioner a variance

“to

permit

the connection of eighteen homes

that were under contract

before March

31,

1971, to sewers tributary to treatment plants in

the North

Shore Sanitary District,

as described

in the record.”

Petitioner had requested permission to connect

a total of

23 homes

but our order related only to those

5 homes which were under

construction

at the time the sewer ban was imposed

in the North

Shore Sanitary District and to an additional 13 homes

for which

the buyers

had already obtained either firm or conditional financing

commitments.

By two letters dated January

21,

1972, Petitioner requests

clarification

of our order with respect

to Buyers

#8

and

21, James

Scott and Willa Mae Williams,

as listed

on Master Schedule A,

attached to

and made

a part of the petition for variance.

Buyer

#8, Mr.

Scott, entered into

a construction agreement

with Petitioner on January

8,

1971,

and obtained

a firm commitment

on April

1,

1971

(Pet.

Ex.

8).

His

is therefore one of the eighteen

homes

for which the variance was expressly granted.

On the other hand, Buyer

#21, Willa Mae Williams, did not

enter

into

a contract

to purchase the home until after March

31,

1971

(R.

189),

and therefore

is not permftted to connect to sewers

tributary

to

the North Shore Sanitary District under

our order of

September

16,

1971.

We note that the Board has paxtially lifted the North Shore

Sanitary District sewer ban ~‘~ranting

the District

a variance

to connect 1,000 new living units

to the Waukegan or Highland

Park Clavey Road sewer system.

North Shore Sanitary District

v.

EPA, PCB 71-343, January

31,

1971.

Under paragraph

5(b)

of

our order therein, Willa Mae Williams may be entitled to a preference

from the District in their allocation of the allotment covered

a

—

575

---

by the variance.

Her proper remedy at this point would there-

fore appear

to be an application to the District for permission

to connect her home pursuant to the Board’s order of January

31,

1971.

I, Christan l4offett, Clerk of the Pollution Control Board, certify

that

the Board adopted the above Supplementary Opinion this

3rd

day of February, 1972 by

a vote of 5-0.

3

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