ILLINOIS POLLUTION CONTROL BOARD

September

4,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

 PCB 75—303

PETERSON/PURITAN,

 INC.

Respondent.

ORDER OF THE BOARD

 (by Mr. Dumelle):

The Board finds that it lacks jurisdiction

 to decide

the alleged violations of Section 12(f)

 of the Environmental

Protection Act by discharging contaminants

 in violation of

the conditions of Respondents’ NPDES permit and in non-

compliance with the Schedule of Compliance

 as set forth in

its NPDES permit.

The Board finds that until the Administrator of the

U.S. Environmental Protection Agency

 (U.S.

 EPA)

 approves and

delegates

 to the State of Illinois authority

 to administer

the NPDES permit system,

 it is without jurisdiction

 to hear

any enforcement compliant for violating an NPDES permit.

 (See

EPA v. Freeman United Coal Mining Company, et al, PCB 75-22

(August 28,

 1975)).

The provision of Section

 12(f)

 of the Act deeming

a

permit issued by the U.S. EPA to be

 a permit issued by the

Illinois Environmental Protection Agency is meant to provide

continuity once Illinois has been granted the authority to

administer the NPDES permit program

 ,not to grant authority

to the Board to hear enforcement cases

 in the interim prior

to the grant of authority by the Administrator of the U.S.

EPA.

IT

 IS SO ORDERED.

I,

 Christan

L.

 Moffett, Clerk of the Illinois Pol1utio~Control

Board,

 hereby certify the above Or~erwas adopted on the

day

of September,

 1975 by a vote of

&(-O

Christan

 L. Moffett,~~1erk

Illinois Pollution Co trol Board

—

473