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prohibit "all new sewer connections" (sewer tap ban) until it
could demonstrate compliance with all remedial provisions of the
consent judgment. EPA could grant waivers from the sewer tap
only under very limited circumstances:
Waivers from this sewer ban for new sources may be
granted * * * only if EPA determines that the proposed
connection will eliminate an existing health hazard and
the resulting public health benefit outweighs the
adverse impact of any reduction in wastewater effluent
quality.
The sewer tap ban made it very difficult to obtain commercial or
residential building permits in Boonville and was considered a
high priority issue by the Boonville Board of Public Works,12 but
it did not bar new construction elsewhere in Warrick County. On
the valuation date, Newburgh, a suburb of Evansville, was one
area in Warrick County where new home construction was active,
primarily single-family homes priced between $300,000 to
$400,000. However, because of its conservative lending practices
(described supra pp. 16-19), Peoples could not serve the needs of
younger cash-poor borrowers who could otherwise afford to
purchase a $300,000 to $400,000 house.
Although Peoples was located only 14 miles from Evansville,
Peoples generally chose not to engage in lending activities in
Evansville, or its surrounding county, Vanderburgh County.
12 Tony Aylsworth, an officer of Peoples since February
1993, served on the Boonville three-person Board of Public
Works from January 1996 until February 1998.
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