ILLINOIS POLLUTION CONTROL BOARD

August 22, 1972

THE CITY OF LITCHFIELD,

Petitioner,

v.

)

PCB 72—311

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

PRELIMINARY ORDER (by Mr. Parker):

This variance proceeding was commenced by the filing with

the Pollution Control Board of a petition on July 26, 1972.

Petitioner seeks to avoid use of temporary chlorination facilities

pending construction of permanent facilities at some future time.

The Agency has moved to dismiss the petition for failure to

satisfy the requirements of our Procedural Rule 401 (a). We find

the petition is defective for such failure. Rather than dismiss

the petition, however, we deem it more expeditious to by this

Order advise petitioner of the defect and grant leave to petitioner

to file an amended petition containing additional information.

Petitioner is hereby ordered to file an amended petition

with the Board on or before September 1, 1972, the amended petition

to contain additional information consistent with the requirements

of our Procedural Rule 401, including facts as to the feasibility

and cost of providing immediate temporary chlorination treatment of

effluent adequate to meet the fecal coliform and other standards

now, as well as the effect, in the event temporary treatment is

not used, that discharge of the present effluent will have upon

the receiving body of water. The amended petition should also

include a statement by petitioner that the 90 day period provided

for in Title 9, Section 38 of the Environmental Protection Act

shall commence as of the date of filing of the amended petition.

In the absence of the filing of an amended petition on or

before September 1, 1972, the original petition will be subject

to dismissal. The Agency’s motion to dismiss is denied.

I, Christan Moffett, Clerk of the Pollution Control Board, c~jtify

that the B ard adopted the above P eliminary Order this

~

day

of ~~4pV~~’ 1972, by a vote of__________

Christan L. Moff

Clerk

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