ILLINOIS POLLUTION CONTROL BOARD
    June 14, 1973
    )
    DAVID N. MARTIS
    )
    )
    )
    v.
    )
    PCB 73-144
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION AND ORDER OP THE BOARD
    (by Mr.
    Dumelle)
    This
    is
    an appeal from an Agency denial of a sewer connection
    permit application.
    No hearing was held.
    Petitioner is the owner of
    a newly constructed 8-unit apartment
    building
    in Lockport which
    is presently ready for occupancy.
    For
    some reason petititioner’s contractor did not obtain an Agency
    permit during construction.
    After the building was almost entirely
    completed and the Agency learned that no permit had been applied
    for,
    the
    owner was contacted.
    The problem here results from the fact that
    a main sewer line
    downstream from the new building has
    a crook
    in it which is inhibiting
    a proper flow.
    There
    is
    an existing 12-inch sewer line which is
    hydraulically overloaded
    as
    a result of present flows
    thru an existing
    24-inch sewer immediately upstream from the 12-inch sewer.
    Flow
    tributary to the 24-inch sewer is given at 0.858 MCD while the rated
    capacity of the 12-inch sewer is given as only 0.40 MCD which
    is
    less
    than half the required capacity.
    The City has informed the Agency that the 12-inch sewer
    is subject
    to bypassing raw sewage
    into Mime Creek, an intermittent stream
    tributary
    to the Illinois and Michigan Canal.
    The Agency believes
    that petitioner’s connection to the sewer would add to the amount
    of raw sewage being bypassed to Mime Creek and could contribute
    to
    public health hazards and nuisances
    as
    a result of overflowing
    and sewer backups.
    This raw sewage overflow could contribute
    to the
    degradation of both Milne Creek
    and the Illinois
    and Michigan Canal.
    In March,
    1973 the City received
    an Agency permit for the replace-
    ment
    of the overloaded 12-inch sewer with
    a 24-inch segment.
    The
    project
    is scheduled for completion by August,
    1973.
    We must deny
    the variance in this
    case.
    This hardship is clearly
    self imposed.
    It was the petitioner’s own contractor who failed
    to
    /
    I
    -2-
    get the Agency permit.
    If the Agency were contacted earlier,
    the
    petitioner would have learned of the unavailability of
    a permit
    before certain commitments were made and obligations undertaken.
    At this point we cannot grant the variance as
    a result of petitioner’s
    own oversight.
    The sewer connection will have
    to wait until
    the
    City replaces the sewer.
    After the City sewer work
    is done,
    the per-
    mit should be
    available without
    a variance being
    necessary.
    This opinion constitutes
    the Board’s findings of fact and
    conclusions of
    law.
    IT
    IS
    SO ORDERED.
    I,
    Christan L. Moffett,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order were adopted
    on the
    /4*.’
    day of June,
    1973 by
    a vote of
    .3—O
    Illinois Pollution
    1 Board

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