ILLINOIS POLLUTION CONTROL BOARD
December
5,
1985
~iHITECOUNTY BOARD,
)
Petitioner,
v.
)
PCB 85—174
t4INOlS~ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J.D. Dumelle):
This matter comes before
the Board upon a Petition
for
Variance from 35
111.
Adm.
Code 406.106 and 406.108
filed on
behalf of White County Board on November
27,
1985.
The
Board
finds the petition for variance deficient
in
sev~era1areas.
Specifically, White County should submit more
information on whether
the escape
of mine refuse run—off
is
anticipated only prior
to or also after
the two—foot cover
and
vegetative growth has been achieved.
If the mine refuse run—off
is only anticipated during construction, then why is a five—year
variance requested?
Also,
unlike site—specific relief,
a grant
of
iariance gives only temporary relief from compliance.
If
White County is requesting relief beyond
the construction period,
White County should clarify
a)
how
it intends to come into
later
com~pliance, if necessary, with the effluent standards,
b.) whether
sediment pond controls can be constructed at that time,
and c)
whether
the cost figures given on page
8
of the petition would
continue to be valid.
White County should also specify the costs of the hay or
straw ditch checks, and what sampling and testing program
is
an~ticipatedduring
the term of the variance pursuant
to
paragraph #19 of the petition.
Lastly, White County should
subm~ita copy of the pending Department of Mines
& Minerals’
pennit.
Unless
this
additional information
is filed within 45 days
of this Order, this proceeding will
be subject
to dismissal.
IT IS SO ORDERED.
67-41
—2—
I~Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
~
day of
_________________,
1985 by a vote of
7~.
Dorothy M. G~inn, Clerk
Illinois Pollution Control Board
87-42