ILLINOIS POLLUTION CONTROL BOARD

February 3, 1972

NILES TERRACE, INC.

v.

)

#72—32

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order of the Board (by Mr. Currie):

This is the second petition by Niles seeking a variance

to allow connection of as—yet unbuilt homes to an overloaded

plant, of the North Shore Sanitary District. We dismissed the

first one on the ground that, even if all the allegations

were proved, no variance could be granted. #71—280 (Sept.

27, 1971). The second petition goes into more detail, but

still reveals that the case is essentially similar to Wachta

& Mota v. EPA, #71-77 (August 5, 1971), in which we denied the

variance as to homes whose construction had not begun on the

date of the sewer ban order. The homes here are in that same

situation. Moreover, they do not qualify for special treatment

under the poverty criterion of Patricia Development, Inc. v.

EPA,

#

71-161 (September 16, 1971)

,

insofar as the petition

indicates. On the basis of precedent the petition is dismissed.

I, Chirstan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion and Order

of the Board this ~?~“

day of February, 1972 by vote

of

.~

~

3— 606