ILLINOIS POLLUTION CONTROL BOARD
    January
    4,
    1996
    NUNDA WATER UTILITY CO.,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 96—140
    (Variance—PWS)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    On December 26, 1995 the Nunda Water Utility Co. filed a
    “petition for variance1’ until March 14, 2001 from “the
    requirement to replace the existing underground pneumatic storage
    tanks with above ground prenumatic tanks”, citing to “1992
    Recommended Standards for Water Works Paragraph 7.2.1”.
    The
    petition, which requests hearing, also states its belief that an
    “adjusted standard”
    for its facility “is the environmentally
    preferred option”.
    While the petition refers to the Sections of the Act (S35—
    38)and the Part
    (104)
    of our procedural rules which govern
    variances,
    it
    appears that Nunda may not entirely understand the
    variance process.
    Section 104.121 of the Board’s rules sets out
    the information required in a variance petition.
    This petition
    fails to contain most of the information required by that rule.
    For instance,
    Section 104.121(b)
    requires identification of
    which of the Board’s rules
    (35 Ill. Adm. Code Parts 100—120)
    petitioner
    is seeking relief front.
    The Recommended Standards for
    Water Works are not Pollution Control Board rules, and the Board
    cannot grant relief from these standards.
    Another example is
    Section 104.121(f), which requires petitioner to provide a
    detailed plan by which it will come into compliance at the end of
    the variance period.
    This variance contains no such plan.
    While
    the Board does grant adjusted standards, which do not require
    compliance plans, such petitions have their own set of rules and
    requirements as set out at Section 28.1 of the Act and Part 106.
    Subpart G of the Board’s rules.
    If an amended petition containing information meeting the
    requirements of Section 104.121 is not filed within the 45 days
    of the date of this order, this petition may be subject to
    dismissal.
    Nunda may wish to contact the Agency’s Division of
    Legal Counsel for the Division of Public Water Supplies prior to
    filing its amended petition,
    as that division may be of some
    assistance to Nunda in determining what sort of relief Nunda
    actually needs
    IT IS SO ORDERED
    2
    I, Dorothy M. Gun~ Clerk of the Illinois Pollution Control
    Boar4,~—herebycertify t
    t the above order was adopted on the
    ‘/~‘~
    day of ___________________,
    1996, by a vote of
    ~o.
    ~i~?~T44~
    /~
    Dorothy M.
    Gi,i4fi, Clerk
    Illinois Polltfttion Control Board

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