ILLINOIS POLLUTION CONTROL BOARD

February 7, 1972

GRANITE CITY STEEL CO.

v.

)

PCB 72-34

ENVIRONMENTAL PROTECTION AGENCY

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

Granite City Steel asks a variance from existing and

proposed regulations respecting water pollution. We dismiss

the request as premature and on the ground it does not allege

facts sufficient if proved to support the grant of a variance.

The company first asks that it not be required to meet

public water supply water quality criteria in Horseshoe Lake,

to which it discharges. The water quality criteria in question

are presently being considered in the pending #R 71-147 they

have not yet been adopted, and a request for variance from them

is thus premature.

The second request is for an interpretation of Rule 401(b)

of our new effluent standards to allow credit for iron, suspended

solids and color in intake water taken from another source and

discharged after use to Horseshoe Lake. We cannot give advisory

opinions. The proper course for the company is to seek a permit

for its operations from the Agency when the pending permit

regulations become effective, and, if necessary, thereafter to

contest an unfavorable Agency interpretation before the Board.

Application of the regulations to individual cases is in the first

instance up to the Agency with resort to the Board if and only

if a dispute arises.

The request for a variance in the event of an adverse

interpretation is premature, and it is not supported by factual

allegations indicating the basis on which an arbitrary or

unreasonable hardship is thought to exist. The petition is

dismissed.

I, Christan Moffett, Clerk of the Pollution Control Board, certify

that the Board adopted the above Opinion and Order this

-

7th

day of February, 1972 by a vote of 5-0.