ILLINOIS POLLUTION CONTROL BOARD
    December
    14,
    1978
    CITIZENS UTILITIES COMPANY OF ILLINOIS,
    Petitioner,
    v.
    )
    PCB 78—265
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF
    THE
    BOARD
    (by
    Mr.
    Goodman)
    On July 20, 1978 the Board entered an Order
    in PCB 78-123
    granting Citizens Utilities Company of Illinois
    (Citizens)
    variance
    from certain rules of Chapter
    3 until December
    31,
    1978, providing,
    inter alia,
    that a firm compliance schedule be submitted
    to the
    Illinois Environmental Protection Agency
    (Agency)
    no later than
    October 1,
    1978.
    Citizens now requests that the Board grant an
    extension of time
    to and including November
    18,
    1978, within
    which to file the firm compliance schedule called for in the
    Board’s previous order in PCB 78-123.
    Citizens alleges that it was unable to present the firm com-
    pliance plan by October
    1,
    1978 due to a changing set of conditions
    which required more elaborate consideration than had originally been
    determined.
    Citizens notes that it must consider not only its own
    two sewage treatment facilities but must also consider the effect
    of additional flow from the Village of Bolingbrook which
    is currently
    treated by the Bolingbrook plant.
    In addition, Citizens alleges that
    the Northeastern Illinois Planning Commmission
    (NIPC)
    report, while
    containing useful information,
    is based upon certain predicted situa-
    tions which no longer appear likely or feasible by either Citizens
    or by the Village of Bolingbrook.
    In addition,
    the NIPC report
    is
    based on
    a 20-25 BOD/SS standard, whereas
    it
    is believed that the
    intent may be to impose
    a 10-12 BOD/SS standard.
    In its Petition
    Citizens lists a number of considerations which must be addressed
    in the preparation of the compliance schedule ordered submitted to
    the Agency in PCB
    78-123.
    32—283
    —2—
    In its recommendation the Agency states that the compliance
    schedule should have been filed on October
    1, 1978 in order
    to allow
    the Agency
    to have at least from that date until December
    31,
    1978
    to consider the Petitioner’s plan.
    However,
    in order to facilitate
    the filing
    of Citizens’
    compliance schedule and the implementation
    of a method to achieve early compliance with Citizens’
    NPDES permit,
    the Agency recommends the grant of the additional time
    to Citizens,
    providing Citizens complies with the remaining provisions
    of the
    Board Order
    in PCB 78-123.
    The Board finds that Citizens has made
    a good faith effort to comply with the Board Order in PCB 78-123
    and that no harm will accrue to the environment if the extension of
    time is granted.
    The Board will therefore grant Citizens a variance
    from paragraph
    2
    of the July
    20,
    1978 Board Order in PCB 78-123 until
    November
    18,
    1978, under certain conditions.
    This Opinion constitutes
    the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that Citizens
    Utilities Company of Illinois be granted variance to and including
    November 18,
    1978,
    from paragraph
    2 of the July 20,
    1978 Board Order
    in PCB 78-123,
    subject to the following conditions:
    1)
    Citizens shall comply with the remaining provisions
    of
    the Order of the Board noted above;
    2)
    Within
    45 days of the adoption of this Order,
    the Citi-
    zens Utilities Company of Illinois shall execute and
    forward to the Illinois Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois
    62706 a
    Certification of Acceptance
    and Agreement to be bound to
    all terms and conditions of this Order.
    The
    45 day per-
    iod shall be held in abeyance during any period this
    matter is being appealed.
    The form of said certification
    shall be as follows:
    CERTIFICATION
    I
    (We), ____________________________,
    having read and fully
    understanding the Order of the Illinois Pollution Control Board in
    PCB 78—265,
    hereby accept said Order and agree
    to be bound by all
    of the terms and conditions
    thereof.
    SIGNED __________________________________
    TITLE
    DATE
    32—284
    —3—
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, herejy certify th
    above Opinion and Order were adopted on
    the
    /‘./
    ‘
    day of
    _____________,
    1978 by
    a vote of
    3-o
    Illinois Pollution~-
    trol Board
    32—285

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