ILLINOIS POLLUTION CONTROL BOARD

March 22, 1971

DEPARTMENT OF PUBLIC WORKS AND BUILDINGS)

v.

)

PCB #71—40

ENVIRONMENTAL PROTECTION AGENCY

)

Opinion and Order of the Board (by Mr. Currie):

The Department asks an extension of time to submit plans for

upgrading sewage treatment facilities at a rest area by the Sangamon

River on Interstate 55 until August 1, 1971, and completion of the

new facilities until December 31.

The petition must be amended to conform to Procedural Rule 401.

We cannot evaluate the request in the absence of allegations as to

what regulation requirements are sought to be extended, what the

effect on the receiving stream will be during the requested extension,

and why the prescribed deadline was not met. It is not enough to say

that the deadline cannot be met because it has already passed; the

question is why it was not met before. See Decatur Sanitary District

v. EPA, #71-37, decided today. Because the petition could not be

granted even

if

the allegations are all proved, no hearing will be

held.

The petition is dismissed without prejudice to the filing of

a revised petition conforming to the procedural rules.

This opinion constitutes the Board~s findings of fact, conclusions

of law, and order.

I,

Regina E. Ryan, do hereby certify that the above Opinion and

Order was approved this 22nc~_day, of ~rch

,

1971,

REGINA E. RYAN

CLERK OF TUE BOARD

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