ILLINOIS POLLUTION CONTROL
    BOARD
    May 22, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 74—213
    SPINNEY RUN FARMS CORPORATION,
    )
    Respondent.
    SPINNEY RUN FARMS CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 74—347
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Spinney Run Farms’ Motions for Stay and for Reconsideration
    and Modification of our Order in PCB 74-347 is dismissed.
    We
    note that on May 13,
    1975,
    the day before the Motions were filed,
    a Petition For Review of our Orders in PCB 74-213 and PCB 74—347
    was filed with the Illinois Appellate Court, Second District,
    Docket Number 75-185.
    As this matter is now pending before the
    Court, the Board is of the opinion it no longer has jurisdiction
    to consider such Motions.
    We are aware that when the Petitioner filed the appeal with
    the Court and the Motions with the Board it was without the bene-
    fit of our Opinion in PCB 74-347,
    and our Opinion and Order in
    the Enforcement Case, PCB 74-213,
    both of which were issued May
    8,
    1975 but not released until May 22,
    1975.
    For this reason we
    will explain why we would deny the Motions if it was determined
    we still had jurisdiction.
    Petitioner objects that the variance we granted on April
    10,
    1975
    is for an insufficient period of time within which to
    construct its pretreatment plant.
    The variance extends through
    September 22,
    1975 while Petitioner asserts that fifteen months
    17
    —83
    —2—
    are needed for construction.
    It is a frequent policy of the
    Board to grant variances for shorter periods of time than are
    necessary to complete a compliance program.
    As we indicated
    in our Opinion, at the conclusion of the variance period an
    extension of a variance would be appropriate where Petitioner
    can show a good faith effort to comply with its compliance pro-
    gram.
    In considering Petitioner’s contention that insufficient
    time has been allotted, we cannot help but note that the pre-
    treatment plant was originally to have been completed in 1973,
    a fact upon which we granted our earlier variance
    in PCB 72—185
    and PCB 72-327.
    The records shows that work on the plant was
    never even begun.
    Considering Petitioner’s past performance,
    we are unwilling to grant the variance for the full period of
    time necessary for construction without a showing that reasonable
    progress has been made.
    Since Petitioner indicated in the record a willingness and
    intention to construct the pretreatment plant,
    and since pretreat-
    ment will be necessary for diversion to the Gurnee Treatment Plant
    in accordance with NPDES requirements,
    there should be no serious
    objection now to construction of the plant.
    Since a similar
    willingness and intention was expressed in the earlier variance
    case,
    in which no bond was required, we now deem it appropriate to
    require a bond to give Petitioner adequate financial incentive to
    proceed with the pretreatment plant.
    Petitioner also seeks clarification of the Order with regard
    to the standards imposed for its effluent.
    These standards apply
    to the time period of the variance and are designed to insure
    that Spinney Run Farms does not increase the load of BOD and sus-
    pended solids in its effluent.
    At such time as the pretreatment
    plant
    is completed, and if
    a variance is still needed, and granted,
    then these standards would be adjusted accordingly.
    Petitioner’s Motion For a Rendering of a Concurrent Decision
    on the Enforcement Proceeding is moot,
    since the Opinion and Order
    were issued.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, here~ycertify the above Opinion and prder were
    adopted on the
    ~9LJ
    day of May,
    1975 by a vote of
    ~_Q
    Christan L. Noffet
    ,fg4~erk
    Illinois Pollution Cd~r?ro1Board
    17 —84

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