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
5
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